An Act To Strengthen the Criminal Laws by Expanding the Definition of Trafficking and Furnishing Prescription Narcotic Drugs To Include Illegal Possession of a Large Number of Pills
Maine Legislature, Session 121, LD 0941
Committee: Criminal Justice and Public Safety
Sponsors: BUNKER, CARPENTER, BLANCHETTE, GREELEY, GROSE
Amends: 17-A MRSA §1101

Legislative Document 
No. 941 
H.P.698 
House of Representatives, February 25, 2003 
An Act To Strengthen the Criminal Laws by Expanding the 
Definition of Trafficking and Furnishing Prescription Narcotic 
Drugs To Include Illegal Possession of a Large Number of Pills 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
77l~/J1.~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BUNKER of Kossuth Township. 
Cosponsored by Senator CARPENTER of York and 
Representatives: BLANCHETTE of Bangor, GREELEY of Levant, GROSE of Woolwich, 
MAIETT A of South Portland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRS A §1101, sub-§17, ,D, as amended by PL 1999, 
c. 453, §2, is further amended to read: 
D. 
To possess with the intent to do any act mentioned in 
paragraph C; Sf' 
Sec. 2. 17-A MRSA §1101, sub-§17, ,E, as enacted by PL 1999, 
c. 453, §3, is amended to read: 
E. 
To possess 2 grams or more of heroin or 90 or more 
individual bags, folds, packages, envelopes or containers of 
any kind containing heroinT~ 
Sec.3. 17-A MRSA §llOl, sub·§17, 1fF is enacted to read: 
F. 
To possess 90 or more pills , capsules, tablets, vials, 
ampules, 
syringes 
or units containing any narcotic drug 
other than heroin. 
Sec. 4. 17·A MRSA §1101, sub·§18, ,B, as amended by PL 1999, 
c. 453, §4, is further amended to read: 
B. 
To possess with the intent to do any act mentioned in 
paragraph A; Sf' 
Sec.S. 17·A MRSA §1101, sub-§18, ,C, as enacted by PL 1999, 
c. 453, §5, is amended to read: 
C. 
To possess at least one gram 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 heroinT~ 
Sec. 6. 17·A MRSA §1101, sub-§18, 1fD is enacted to read: 
D. 
To 
possess 
at least 
but 
fewer 
than 
pills, 
capsules, 
tablets, 
vials, 
ampules, 
syringes 
or 
units 
containing any narcotic drug other than heroin. 
SUMMARY 
This 
bill 
brings 
the 
treatment 
of 
illegally 
possessed 
prescription narcotic pills, an increasing substance abuse threat 
in the State, into conformity with the treatment of heroin under 
the Maine Criminal Code. 
It does so by expanding the definition 
of "trafficking" to include the possession of 90 or more pills or 
other units of narcotic prescription drugs with no further proof 
of intent needed. 
Likewise, the definition of "furnishing" is 
amended to include the possession of at least 45 but fewer than 
pills or other units of narcotic prescription drugs with no 
further proof of intent required. 
The bill does 
not change 
current 
law that provides 
that possession of 
any 
amount 
of 
narcotic prescription pills with the intent to do any act in the 
Maine Revised Statutes, Title 17-A, section 1101, subsection 17, 
paragraph C continues to also be "trafficking"; and possession of 
any amount of narcotic prescription pills with the intent to do 
any act in Title 17 -A, section 1101, subsection 18, paragraph A 
continues to also be "furnishing."