CHAPTER 340
H.P. 287 - L.D. 351
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1110, as amended by PL 1989, c. 384, §5, is further amended to read:
§1110. Trafficking in or furnishing hypodermic apparatuses
1. A person is guilty of trafficking in or furnishing hypodermic apparatuses if he the person intentionally or knowingly trafficks in or furnishes a one or more hypodermic apparatus apparatuses, unless the conduct which that constitutes such trafficking or furnishing is either:
A. Expressly authorized by Title 22 or Title 32; or, section 13787-A.
B. Expressly made a civil violation by Title 22.
1-A. A person is guilty of furnishing hypodermic apparatuses if the person intentionally or knowingly furnishes 11 or more hypodermic apparatuses, unless the conduct that constitutes such furnishing is expressly authorized by Title 22, section 2383-B.
2. Trafficking in hypodermic apparatuses is a Class C crime. Furnishing hypodermic apparatuses is a Class D crime.
Sec. 2. 17-A MRSA §1111, as amended by PL 1989, c. 384, §6, is further amended to read:
§1111. Illegal possession of hypodermic apparatuses
1. A person is guilty of illegal possession of hypodermic apparatuses if he the person intentionally or knowingly furnishes or possesses a 11 or more hypodermic apparatus apparatuses, unless the conduct which that constitutes such possession is either:
A. Expressly authorized by Title 22, section 2383-B or Title 32; or, section 13787-A.
B. Expressly made a civil violation by Title 22.
2. Possession Illegal possession of hypodermic apparatuses is a Class D crime.
Sec. 3. 22 MRSA c. 252-A is enacted to read:
CHAPTER 252-A
HYPODERMIC APPARATUS EXCHANGE PROGRAMS
§1341. Hypodermic apparatus exchange programs
1. Certification of programs. The Bureau of Health may certify hypodermic apparatus exchange programs that meet the requirements established by rule under subsection 2.
2. Rules. The Bureau of Health shall adopt rules pursuant to the Maine Administrative Procedure Act establishing requirements for hypodermic apparatus exchange programs. The rules must include but are not limited to:
A. Procedures for the safe disposal of hypodermic apparatuses;
B. Tracking the number of hypodermic apparatuses distributed and collected; and
C. Drug abuse prevention and treatment education.
Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II-A.
3. Reports. The Bureau of Health shall report to the joint standing committees of the Legislature having jurisdiction over judiciary matters and health and human services matters by January 15, 1999 and annually thereafter on hypodermic apparatus exchange programs certified under this section. The report must include but is not limited to: the number, location and operators of hypodermic apparatus exchange programs; data on hypodermic apparatuses distributed and collected; and the number of persons served by the programs.
Sec. 4. 22 MRSA c. 558 is amended by repealing the chapter headnote and enacting the following in its place:
CHAPTER 558
MARIJUANA, SCHEDULED DRUGS, IMITATION SCHEDULED DRUGS AND HYPODERMIC APPARATUSES
Sec. 5. 22 MRSA §2383-B, sub-§2, as amended by PL 1995, c. 499, §3 and affected by §5, is further amended to read:
2. Others lawfully in possession. Except as otherwise authorized or restricted, the following persons are authorized to possess, furnish and have control of scheduled or prescription drugs or, controlled substances or hypodermic apparatuses:
A. Common carriers or warehouse operators while engaged in lawfully transporting or storing prescription drugs, or hypodermic apparatuses or any of their employees acting within the scope of their employment;
B. Employees or agents of persons lawfully entitled to possession who have temporary, incidental possession while acting within the scope of their employment or agency;
C. Persons whose possession is for the purpose of aiding public officers in performing their official duties while acting within the scope of their employment or duties;
D. Law enforcement officers while acting within the scope of their employment and official duties; and
E. Physicians, dentists, podiatrists, pharmacists or other persons authorized by law or rule to administer, dispense, prescribe or sell scheduled or prescription drugs or, controlled substances, or hypodermic apparatuses while acting within the course of their professional practice.; and
F. With regard to the possession or furnishing of hypodermic apparatuses, persons authorized by the Bureau of Health pursuant to a hypodermic apparatus exchange program, certified under chapter 252-A while acting within the scope of their employment under such programs.
Effective September 19, 1997, unless otherwise indicated.
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