CHAPTER 476
H.P. 701 - L.D. 944
An Act To Increase Penalties for Furnishing or Trafficking Scheduled Drugs That Cause Death or Serious Bodily Injury
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1105-A, sub-§1, ¶¶I and J, as enacted by PL 2001, c. 667, Pt. D, §25 and affected by §36, are amended to read:
I. At the time of the offense, the person trafficks in 300 or more pills, capsules, tablets, vials, ampules, syringes or units containing any narcotic drug other than heroin, or any quantity of pills, capsules, tablets, units, compounds, mixtures or substances that, in the aggregate, contains contain 8,000 milligrams or more of oxycodone or 1,000 milligrams or more of hydromorphone; or
J. At the time of the offense, the person trafficks in a quantity of 300 or more pills, capsules, tablets or units containing 3, 4-methylenedioxymethamphetamine, MDMA, or any other drug listed in section 1102, subsection 1, paragraph O.;
Sec. 2. 17-A MRSA §1105-A, sub-§1, ¶¶K and L are enacted to read:
K. Death is in fact caused by the use of that scheduled drug and the drug is a schedule W drug. A violation of this paragraph is a Class A crime; or
L. Serious bodily injury is in fact caused by the use of that scheduled drug and the drug is a schedule W drug. A violation of this paragraph is a Class B crime.
Sec. 3. 17-A MRSA §1105-B, sub-§1, ¶B, as enacted by PL 2001, c. 383, §119 and affected by §156, is amended to read:
B. At the time of the offense, the person has been convicted of any offense under this chapter punishable by a term of imprisonment of more than one year or under any law of the United States, of another state or of a foreign country relating to scheduled drugs or counterfeit drugs, as defined in this chapter, and punishable by a term of imprisonment of more than one year. 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; or
Sec. 4. 17-A MRSA §1105-B, sub-§1, ¶C, as repealed and replaced by PL 2001, c. 667, Pt. D, §26 and affected by §36, is amended to read:
C. At the time of the offense, the person possesses a firearm in the furtherance of the offense, uses a firearm, carries a firearm or is armed with a firearm.; or
Sec. 5. 17-A MRSA §1105-B, sub-§1, ¶D is enacted to read:
D. Death or serious bodily injury is in fact caused by the use of that counterfeit drug.
Sec. 6. 17-A MRSA §1105-C, sub-§1, ¶¶I and J, as amended by PL 2003, c. 1, §8, are further amended to read:
I. At the time of the offense, the person furnishes 300 or more pills, capsules, tablets, vials, ampules, syringes or units containing any narcotic drug other than heroin, or any quantity of pills, capsules, tablets, units, compounds, mixtures or substances that, in the aggregate, contains 8,000 milligrams or more of oxycodone or 1,000 milligrams or more of hydromorphone. Violation of this paragraph is a Class B crime; or
J. At the time of the offense, the person furnishes a quantity of 300 or more pills, capsules, tablets or units containing 3, 4-methylenedioxymethamphetamine, MDMA, or any other drug listed in section 1102, subsection 1, paragraph O. Violation of this paragraph is a Class B crime.;
Sec. 7. 17-A MRSA §1105-C, sub-§1, ¶¶K and L are enacted to read:
K. Death is in fact caused by the use of that scheduled drug and the drug is a schedule W drug. A violation of this paragraph is a Class B crime. It is an affirmative defense to prosecution under this paragraph that the drug furnished was lawfully possessed by the defendant prior to furnishing and that the death was not a reasonably foreseeable consequence of the use of that scheduled drug. In determining whether the death was reasonably foreseeable, the jury shall consider:
(1) The factual circumstances surrounding the furnishing of the drug;
(2) The total quantity of the drug furnished;
(3) The dosage of the units furnished;
(4) The nature of the drug;
(5) The overdose risk presented by use of the drug; and
(6) Any safety warnings provided to the defendant at the time of dispensing the drug; or
L. Serious bodily injury is in fact caused by the use of that scheduled drug and the drug is a schedule W drug. A violation of this paragraph is a Class C crime. It is an affirmative defense to prosecution under this paragraph that the drug furnished was lawfully possessed by the defendant prior to furnishing and that the serious bodily injury was not a reasonably foreseeable consequence of the use of that scheduled drug. In determining whether the serious bodily injury was reasonably foreseeable, the jury shall consider:
(1) The factual circumstances surrounding the furnishing of the drug;
(2) The total quantity of the drug furnished;
(3) The dosage of the units furnished;
(4) The nature of the drug;
(5) The overdose risk presented by use of the drug; and
(6) Any safety warnings provided to the defendant at the time of dispensing the drug.
Effective September 13, 2003, unless otherwise indicated.
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