HP0808
LD 1176
Session - 127th Maine Legislature
 
LR 1964
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Prohibit the Sale and Possession of Powdered Alcohol in the State

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 28-A MRSA §2089  is enacted to read:

§ 2089 Powdered alcohol

1 Possession and use prohibited.   A person may not possess or use alcohol in a powdered or crystalline form.
A A person who violates this subsection commits a civil violation for which a fine of not less than $250 and not more than $500 must be adjudged.
B A person who violates this subsection after having been previously adjudicated as violating this subsection commits a civil violation for which a fine of not less than $500 and not more than $3,000 must be adjudged.
2 Selling or furnishing prohibited.   A person may not sell, furnish or give away or offer for sale or offer to furnish or give away alcohol in a powdered or crystalline form.
A A person who violates this subsection commits a civil violation for which a fine of not less than $500 and not more than $1,000 must be adjudged.
B A person who violates this subsection after having been previously adjudicated as violating this subsection commits a Class E crime for which a fine of not less than $1,000 and, notwithstanding Title 17-A, section 1301, not more than $5,000 must be imposed. In addition to a fine imposed under this subsection, if the person is a licensee under chapter 19, 43 or 45, the court may suspend that person's license for up to one year. A violation under this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.

SUMMARY

This bill makes the possession, use, sale or furnishing of powdered alcohol a civil violation and a repeat violation of selling or furnishing powdered alcohol a Class E crime that, if committed by a person with a license to sell liquor, subjects the person to a possible suspension of the liquor license for up to one year.


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