HP1094, LD 1492, item 1, An Act To Reform Drug Sentencing Laws

An Act To Reform Drug Sentencing Laws

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

Sec. 1. 17-A MRSA §1101, sub-§17, as amended by PL 2015, c. 346, §1, is further amended to read:

17. "Traffick":

A. To make, create, manufacture;

B. To grow or cultivate, except for marijuana;

C. To sell, barter, trade, exchange or otherwise furnish for consideration; or

D. To possess with the intent to do any act mentioned in paragraph C ; .

E. To possess 2 grams or more of heroin or 90 or more individual bags, folds, packages, envelopes or containers of any kind containing heroin; or

F. To possess 2 grams or more of fentanyl powder or 90 or more individual bags, folds, packages, envelopes or containers of any kind containing fentanyl powder.

Sec. 2. 17-A MRSA §1101, sub-§18, as amended by PL 2015, c. 496, §§1 and 2, is further amended to read:

18. "Furnish":

A. To furnish, give, dispense, administer, prescribe, deliver or otherwise transfer to another; or

B. To possess with the intent to do any act mentioned in paragraph A ; .

C. To possess more than 200 milligrams but less than 2 grams of heroin or at least 45 but fewer than 90 individual bags, folds, packages, envelopes or containers of any kind containing heroin; or

D. To possess more than 200 milligrams but less than 2 grams of fentanyl powder or at least 45 but fewer than 90 individual bags, folds, packages, envelopes or containers of any kind containing fentanyl powder.

Sec. 3. 17-A MRSA §1101, sub-§24, as amended by PL 2017, c. 274, §1, is further amended to read:

24. "Fentanyl powder" means any compound, mixture or preparation, in granular or powder form, containing fentanyl or any derivative of fentanyl listed in section 1102, subsection 1, paragraph I in any quantity.

Sec. 4. 17-A MRSA §1101, sub-§25, ¶B, as enacted by PL 2017, c. 432, Pt. E, §1, is amended to read:

B. A mixture or preparation that contains any quantity of any of the following substances:

(1) Cocaine, its salts, optical and geometric isomers and salts of isomers;

(2) Ecgonine, its derivatives, their salts, isomers and salts of isomers; or

(3) Cocaine base, which is the alkaloid form of cocaine.

Sec. 5. 17-A MRSA §1101, sub-§26, as enacted by PL 2017, c. 432, Pt. E, §1, is amended to read:

26. Heroin. "Heroin" means any compound, mixture or preparation containing heroin (diacetylmorphine) in any quantity.

Sec. 6. 17-A MRSA §1103, sub-§3, as amended by PL 2015, c. 346, §4, is repealed.

Sec. 7. 17-A MRSA §1105-A, sub-§1, ¶B, as amended by PL 2007, c. 476, §39, is further amended to read:

B. At the time of the offense, the person has one or more prior convictions for any Class A , or B or C offense under this chapter or for engaging in substantially similar conduct to that of the Class A , or B or C offenses under this chapter in another jurisdiction and the drug is:

(1) A schedule W drug. Violation of this subparagraph is a Class A crime;

(2) Marijuana in a quantity of 20 pounds or more. Violation of this subparagraph is a Class A crime;

(3) A schedule X drug. Violation of this subparagraph is a Class B crime;

(4) Marijuana in a quantity of more than one pound. Violation of this subparagraph is a Class B crime;

(5) A schedule Y drug. Violation of this subparagraph is a Class C crime; or

(6) A schedule Z drug. Violation of this subparagraph is a Class C crime.

Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this paragraph, the date of each prior conviction may precede the commission of the offense being enhanced by more than 10 years;

Sec. 8. 17-A MRSA §1106, sub-§3, as amended by PL 2015, c. 496, §§3-5, is repealed.

Sec. 9. 17-A MRSA §1106-A, sub-§2, as amended by PL 2001, c. 383, §125 and affected by §156, is repealed.

Sec. 10. 17-A MRSA §1107-A, sub-§1, ¶A, as amended by PL 2015, c. 308, §1, is repealed.

Sec. 11. 17-A MRSA §1107-A, sub-§1, ¶B, as repealed and replaced by PL 2015, c. 496, §6, is amended to read:

B. Except as provided in paragraph B-1, a A schedule W drug and the drug contains:

(1) Heroin (diacetylmorphine) and the amount possessed is more than 200 milligrams 3.5 grams;

(2) Cocaine and the amount possessed is more than 2 3.5 grams;

(3) Cocaine in the form of cocaine base and the amount possessed is more than 2 3.5 grams;

(4) Oxycodone and the amount possessed is more than 200 milligrams 3.5 grams;

(5) Hydrocodone and the amount possessed is more than 200 milligrams 3.5 grams;

(6) Hydromorphone and the amount possessed is more than 200 milligrams 3.5 grams;

(7) Methamphetamine and the amount possessed is more than 200 milligrams 3.5 grams; or

(8) Fentanyl powder and the amount possessed is more than 200 milligrams 3.5 grams.

Violation of this paragraph is a Class C D crime ; .

Sec. 12. 17-A MRSA §1107-A, sub-§1, ¶B-1, as enacted by PL 2015, c. 496, §7, is repealed.

Sec. 13. 17-A MRSA §1107-A, sub-§1, ¶C, as amended by PL 2015, c. 496, §8, is repealed.

Sec. 14. 17-A MRSA §1107-A, sub-§1, ¶¶D and E, as enacted by PL 2001, c. 383, §127 and affected by §156, are repealed.

Sec. 15. 17-A MRSA §1107-A, sub-§1, ¶F, as amended by PL 2009, c. 67, §2, is repealed.

Sec. 16. 17-A MRSA §1107-A, sub-§4, as amended by PL 2015, c. 496, §9, is further amended to read:

4. It is an affirmative defense to prosecution under subsection 1, paragraph B, subparagraphs (4) to (6) ; subsection 1, paragraph B-1, subparagraphs (4) to (6); and paragraphs C to F that the person possessed a valid prescription for the scheduled drug or controlled substance that is the basis for the charge and that, at all times, the person intended the drug to be used only for legitimate medical use in conformity with the instructions provided by the prescriber and dispenser.

Sec. 17. 17-A MRSA §1110, as amended by PL 2007, c. 695, Pt. A, §20, is repealed.

Sec. 18. 17-A MRSA §1111, as amended by PL 2007, c. 346, Pt. B, §4, is repealed.

Sec. 19. 17-A MRSA §1111-A, sub-§1, ¶¶D and E, as amended by PL 1981, c. 531, §2, are repealed.

Sec. 20. 17-A MRSA §1111-A, sub-§1, ¶¶I and J, as amended by PL 1981, c. 531, §2, are further amended to read:

I. Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of scheduled drugs; and

J. Containers and other objects used or intended for use in storing or concealing scheduled drugs ; and .

Sec. 21. 17-A MRSA §1111-A, sub-§1, ¶K, as amended by PL 1981, c. 531, §3, is repealed.

Sec. 22. 17-A MRSA §1111-A, sub-§2, as enacted by PL 1981, c. 266, is amended to read:

2. For purposes of this section, drug paraphernalia does not include hypodermic apparatus. Possession of, furnishing or trafficking in hypodermic apparatus constitute separate offenses under sections 1110 and 1111.

Sec. 23. 17-A MRSA §1111-A, sub-§3, ¶B, as amended by PL 2007, c. 476, §44, is repealed.

Sec. 24. 17-A MRSA §1111-A, sub-§3, ¶E, as enacted by PL 1981, c. 266, is repealed.

Sec. 25. 17-A MRSA §1116, sub-§1, ¶A, as enacted by PL 2001, c. 383, §143 and affected by §156, is repealed.

Sec. 26. 17-A MRSA §1116, sub-§2, as amended by PL 2001, c. 383, §145 and affected by §156, is repealed.

Sec. 27. 17-A MRSA §1301, sub-§6, as amended by PL 2011, c. 464, §22, is further amended to read:

6. In addition to any other authorized sentencing alternative, the court shall impose a minimum fine of $400, none of which may be suspended, for a person convicted of a crime under section 1103; 1104; 1105-A; 1105-B; 1105-C; 1105-D; 1106; 1107-A; 1108; 1109; 1110; 1111; 1111-A, subsection 4-A; 1116; 1117; or 1118.

Sec. 28. 17-A MRSA §1348-A, sub-§5, as enacted by PL 2015, c. 496, §10, is amended to read:

5. A deferred disposition is a preferred disposition in a prosecution for possession of schedule W drugs under section 1107-A, subsection 1, paragraphs paragraph B and B-1.

Sec. 29. 22 MRSA §2383-B, sub-§6, as amended by PL 2015, c. 27, §1, is repealed.

Sec. 30. 32 MRSA §13787-A, sub-§3, as amended by PL 2003, c. 688, Pt. A, §39, is repealed.

Sec. 31. 32 MRSA §13787-A, sub-§4, as enacted by PL 1993, c. 394, §2, is amended to read:

4. Immunity limited. This section does not limit prosecution for violation of any law prohibiting or regulating the use, possession, dispensing, distribution or promotion of controlled substances , or scheduled drugs or drug paraphernalia.

SUMMARY

This bill amends the Maine Criminal Code provisions regarding scheduled drugs by relaxing or eliminating provisions regarding trafficking and furnishing, unlawful possession of scheduled drugs, trafficking, furnishing or possession of hypodermic apparatuses, use of drug paraphernalia and trafficking or furnishing of imitation drugs.

HP1094 LD 1492	Session - 129th Maine Legislature		LR 1355 Item 1
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