An Act To Protect Children from Dangerous Drugs, Harmful Chemicals and Drug-related Violence
Maine Legislature, Session 123, LD 0424
Committee Amendment CA_A_H124 (House)
Amends: 17-A MRSA §1105-A, 17-A MRSA §1252

COMMITTEE AMENDMENT ,ff" to H.P. 340, L.D. 424, Bill, "An Act To 
Protect Children from Dangerous Drugs, Harmful Chemicals and Drug-related Violence" 
Amend the bill by striking out all of section 4 and inserting the following: 
'Sec. 4. 17-A MRSA §1105-A, sub-§l, ~ 
is enacted to read: 
M. 
The person makes, creates or manufactures or attempts to make, create or 
manufacture methamphetamine, 3, 4 - methylenedioxymethamphetamine, 3, 4 -
methylenedioxy amphetamine, lysergic acid diethylamide or fentanyl. Violation of 
this paragraph is a Class A crime. ' 
Amend the bill by striking out all of section 5 and inserting the following: 
'Sec. 5. 17-A MRSA §1252, sub-§5-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 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 11 OS-A, 1105-B, 1105-C or II 05-D 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 11 OS-A, subsection 1, paragraph A when the aggravating 
factor is trafficking in the presence of a child under 18 years of age; , 
SUMMARY 
This amendment establishes as an aggravating factor in the offense of trafficking or 
attempting to traffick in a scheduled drug manufacturing or an attempt to manufacture 
methamphetamine, 3, 4 - methylenedioxymethamphetamine, 3, 4 - methylenedioxy 
amphetamine, lysergic acid diethylamide or fentanyl. This makes this offense a Class A 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "fi " 
to H.P. 340, L.D. 424 
crime, which is subject to the current minimum mandatory sentencing alternative of 4 
years imprisonment for certain Class A drug offenses. Making the manufacturing of 
these drugs a Class A crime replaces the provision in the bill that would have made 
trafficking or attempting 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 a Class A crime subject to a mandatory minimum sentence of 10 
years imprisonment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/03/07 Mac:.. 
LD424 
LR 1641(02) 
An Act To Protect Children from Dangerous Drugs, Harmful Chemicals and Drug-related Violence 
Fiscal Note for Bill as Amended by Committee Amendment lifo " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class A crimes; increases correctional and judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR164 1 (02) - Fiscal Note - Page 1 of 1