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, 45, 51 or 55, the court may suspend that person's license for up to one year in accordance with chapter 33. A violation under this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Effective 90 days following adjournment of the 127th Legislature, First Regular Session, unless otherwise indicated.