An Act To Protect Children from Dangerous Drugs, Harmful Chemicals and Drug-related Violence
Maine Legislature, Session 123, LD 0424
Committee: Criminal Justice and Public Safety
Sponsors: CLEARY, COURTNEY, EATON, PRESCOTT, SAMSON, SILSBY
Amends: 17-A MRSA §110, 17-A MRSA §12

Legislative Document 
No. 424 
H.P.340 
House of Representatives, January 29,2007 
An Act To Protect Children from Dangerous Drugs, Harmful 
Chemicals and Drug-related Violence 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative CLEARY of Houlton. 
Cosponsored by Senator COURTNEY of York and 
'7Jl~/J1.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: EATON of Sullivan, MacDONALD of Boothbay, PRESCOTT of Topsham, 
SAMSON of Auburn, SILSBY of Augusta. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §110S-A, sub-§l, ~A, as enacted by PL 2001, c. 383, §119 
and affected by § 156, is amended to read: 
A. 
The person trafficks in a scheduled drug with or in the presence of a child who is 
in fact less than 18 years of age 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 ofthis subparagraph is a Class C crime; 
Sec. 2. 17-A MRSA §110S-A, sub-§l, ~, as enacted by PL 2003, c. 476, §2, is 
amended 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; 6f 
Sec.3. 17-A MRSA §110S-A, sub-§l,~, as enacted by PL 2003, c. 476, §2, is 
amended to read: 
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~ ;...QI 
Sec. 4. 17-A MRSA §110S-A, sub-§l, ~ 
is enacted to read: 
M. The person trafficks or attempts to traffick in a schedule W drug at a residence at 
which a child less than 18 years of age resides and the basis of the offense is 
manufacturing or an 
attempt to 
manufacture methamphetamine, 
3, 
-
methylenedioxymethamphetamine, 3, 4 - methylenedioxy amphetamine, lysergic acid 
diethylamide or fentanyl. Violation of this paragraph is a Class A crime. 
Sec. S. 17-A MRSA §12S2, sub-§S-A, ~A, as amended by PL 2001, c. 383, 
§ 151 and affected by § 156, is further amended to read: 
A. 
Except as otherwise provided in paragraphs Band C, the minimum sentence of 
imprisonment, which may not be suspended, is as follows: When the sentencing class 
is Class A, the minimum term of imprisonment is 4 yearst , except that when the 
conviction is under section 11 OS-A, subsection 1, paragraph M, the minimum term of 
imprisonment is 10 years; when the sentencing class is Class B, the minimum term of 
imprisonment is 2 years; and, with the exception of a conviction under section 1105-
A, 1105-B, 1105-C or 1105-0 when the drug that is the basis for the charge is 
marijuana, when the sentencing class is Class C, the minimum term of imprisonment 
is one year. This paragraph does not apply to a conviction under section 1 lOS-A. 
subsection 1, paragraph A when the aggravating factor is trafficking in the presence 
of a child under 18 years of age; 
SUMMARY 
S 
This bill includes in the offense of aggravated trafficking of scheduled drugs 
trafficking in the presence of a child under 18 years of age but imposes a longer sentence 
for a conviction of aggravated trafficking on that basis than the mandatory minimum 
sentence. This bill also includes in the offense of aggravated trafficking of scheduled 
drugs trafficking at a residence at which a child of under 18 years of age resides and the 
basis for the offense is the manufacture or attempt to manufacture methamphetamine, 3, 4 
- methylenedioxymethamphetamine (MDMA), 3, 4 - methylenedioxy amphetamine 
(MDA), lysergic acid diethylamide (LSD) or fentanyl.