An Act To Protect Children Using Maine's Athletic Fields and Parks from Drug Dealers
Maine Legislature, Session 122, LD 0670
Committee: Criminal Justice and Public Safety
Sponsors: HOTHAM, DAVIS, ADAMS, LANSLEY, PATRICK, RECTOR
Amends: 17-A MRSA §1101, 17-A MRSA §1105-C, 30-A MRSA §3253

Legislative Document 
No. 670 
H.P.490 
House of Representatives, February 8, 2005 
An Act To Protect Children Using Maine's Athletic Fields and Parks 
from Drug Dealers 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative HOTHAM of Dixfield. 
Cosponsored by Senator DAVIS of Piscataquis and 
1lJ~ 
frl.1J1J£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, LANSLEY of Sabattus, PATRICK of Rumford, 
RECTOR of Thomaston, V ALENTINO of Saco. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §1101, sub-§23 is enacted to read: 
23. 
"Safe zone" means an athletic field, park, playground 
or recreational facility, or an area that is designated as a safe 
zone by a municipality pursuant to Title 3D-A, section 3253. 
Sec. 2. 17-A MRS A §1105-A, sub-§I, 1fE, as enacted by PL 2001, 
c. 383, §119 and affected by §156, is amended to read: 
E. 
At the time of the offense, the person is on a school 
bus or within 1,000 feet of the real property comprising a 
private or public elementary or secondary school or a safe 
...,z,""o,-"n""e"--,=,a""s-->d",e,,-,f~l.,,,-· n~e-",d,--,i"-,n~...,s-"e,""c,-,t~i"-,o"-,n~-",l,-"l,-,O,-=l"-"L-"",-s-",u,,,,b,-,,s,-,e,-,c,,-,t,,-,l."'-C. o",-n,,-,--,,2'->L3 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. 
For purposes of this paragraph, "school bus" has the same 
meaning as defined in Title 29-A, section 2301, subsection 5; 
Sec. 3. 17-A MRSA §1105-C, sub-§I, 1fE, as enacted by PL 200L 
c. 383, §119 and affected by §156, is amended to read: 
E. 
At the time of the offense, the person is on a school 
bus or wi thin 1,000 feet of the real property comprising a 
private or public elementary or secondary school or a safe 
~z~o~n~e<---20a.9.s~d~e~f~l.~· 
n~e~d,----"i"-,n~-",s-"e,""c,-,t,-,i"-,o"-,n~-",l-",l,-"O,-=l"-",--",,,-s-,,,u",,,b,-,,s,-,e,-,c,,-,t,,-,l."'-C. O",-n",-----,,2!-,,-3 and the drug 
is: 
(1) 
A schedule W drug. 
Violation of this subparagraph 
is a Class B crime; 
Page l-LRI586(1) 
(2) 
A schedule X drug. 
Violation of this subparagraph 
is a Class C crime; 
(3) 
A schedule Y drug. 
Violation of this subparagraph 
is a Class C crime; or 
(4) 
A schedule Z drug. 
Violation of this subparagraph 
is a Class C crime. 
For purposes of this paragraph, "school bus" has the same 
meaning as defined in Title 29-A, section 2301, subsection 5; 
Sec. 4. 17·A MRSA §1105·D, sub·§l, 1[D, as enacted by PL 200l, 
c, 383, §119 and affected by §156, is amended to read: 
D. 
At the time of the offense, the person is wi thin 1,000 
feet of the real property comprising a private or public 
elementary or secondary school or a safe zone as defined in 
section 
1101, 
subsection 
and 
the 
person 
grows 
or 
cultivates: 
(1) 
Five hundred or more marijuana plants. 
of this subparagraph is a Class A crime; 
Violation 
(2) 
One hundred or more but fewer than 500 marijuana 
plants. 
Violation of this subparagraph is a Class 
B 
crime; 
(3) 
More than 5 but fewer than 100 marijuana plants. 
Violation of this subparagraph is a Class C crime; or 
(4) 
Five or fewer marijuana plants. 
Violation of this 
subparagraph is a Class D crime. 
Sec. 5. 30-A MRSA §3253 is enacted to read: 
§3253. 
Safe zones designated by municipality 
A municipality may designate an area of the municipality 
that is frequented by minors as a safe zone under Title 17-A, 
section 1101, subsection 23. 
A safe zone designated pursuant to 
this section must be conspicuously marked with an informational 
sign. 
Sec. 6. 
Safe zone informational signs. 
The 
Commissioner 
of 
Public Safety shall design and make available to municipalities a 
safe zone informational sign under the Maine Revised Statutes, 
Title 30-A, section 3253. 
SUMMARY 
This bill creates safe zones, 
including athletic fields, 
parks, 
playgrounds, 
recreational facilities or any other area 
frequented by minors that is designated as 
a 
safe zone by a 
municipality. 
This bill 
makes 
it an 
aggravated 
offense 
to 
traffick, furnish or cultivate drugs within 1,000 feet of a safe 
zone. 
If a municipality designates an area a safe zone, 
the 
municipali ty 
is 
required 
to 
mark 
the 
safe 
zone 
with 
an 
informational sign provided by the Commissioner of Public Safety.