An Act To Increase Penalties for Furnishing or Trafficking Scheduled Drugs That Cause Death or Serious Bodily Injury LR 1820(02)
Maine Legislature, Session 121, LD 0944
Committee Amendment CA_A_H157 (House)
Amends: 17-A MRSA §110

COMMITTEE AMENDMENT .. /I., to H.P. 701, L.D. 944, Bill, "An 
Act To Increase Penalties for Furnishing or Trafficking Scheduled 
Drugs That Cause Death or Serious Bodily Injury" 
Amend the bill by striking out all of sections 6 to 8 and 
inserting in their place the following: 
'Sec. 6. 17 -A MRSA §110S-C, sub-§I, ,,. and J, as amended by PL 
2003, c. 1, §8, are further amended to read: 
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; 9~ 
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 crimeT L 
Sec. 7. 17-A MRSA §110S-C, sub-§I, ,tK and L are enacted to 
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 
Page l-LRI820(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. /r. to H.P. 701, L.D. 944 
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 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: 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 QvergQse risk presenteg by yse Qf the gryg; gnd 
(6) 
Any sgfety warnings prQvigeg tQ the defengant gt 
the time Qf gispensing the gryg.' 
SUMMARY 
This amendment provides for an affirmative defense if the 
defendant believed that death or serious bodily injury was not 
reasonably foreseeable from the use of the lawfully possessed 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. If· to H.P. 701, L.D. 944 
scheduled drug that was unlawfully furnished. 
The affirmative 
defense would be available only when a prescription medication 
was 
lawfully 
prescribed 
to 
the 
defendant, 
the 
defendant 
unlawfully furnished the medication without payment or other 
consideration and death or serious bodily injury resulted that 
was not reasonably foreseeable. 
In assessing whether the death 
or serious bodily injury was foreseeable, a jury shall consider 
the factual circumstances surrounding the furnishing, the total 
quantity 
of 
the 
drug 
furnished, 
the 
dosage 
of 
the 
units 
furnished, the nature of the drug, the overdose risk presented by 
its use and any safety warnings provided to the defendant at the 
time of dispensing. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/13/03 ;tv'ae. 
Office of Fiscal and Program Review 
LD944 
An Act To Increase Penalties for Furnishing or Trafficking Scheduled 
Drugs That Cause Death or Serious Bodily Injury 
LR 1820(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Potential current biennium revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class A, B and C crimes; increases correctional and judicial costs 
LR1820(2) - Fiscal Note - Page 1 of 1