An Act To Prohibit the Sale or Possession of So-called Bath Salts Containing Dangerous Synthetic Drugs
Maine Legislature, Session 125, LD 1562
Committee Amendment CA_A_H586 (House)

COMMITTEE AMENDMENT "A" to H.P. 1147, L.D. 1562, Bill, "An Act To 
Prohibit the Sale or Possession of So-called Bath Salts Containing Dangerous Synthetic 
Drugs" 
Amend the bill by striking out everything after the title and before the summary ,and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, certain synthetic hallucinogenic drugs marketed as bath saIts are powerful 
stimulant drugs that are suspected to have been designed to avoid prosecution and are 
commonly available on the Internet; and 
Whereas, there exists a perception that these so-called bath salts pose a safer 
alternative to other drugs that are illegal but use of these bath salts is known to produce a 
number of severe side effects, including organ failure, and death; and 
Whereas, prohibiting the use and possession of these so-called bath salts is an 
urgent public safety matter; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §§1119 to 1123 are enacted to read: 
§1119. Unlawful possession of certain synthetic hallucinogenic drugs 
1. A person is guilty of unlawful possession of certain synthetic hallucinogenic drugs 
if the person intentionally or knowingly possesses what that person knows or believes to 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT" A" to H.P. 1147, L.D. 1562 
be a certain synthetic hallucinogenic drug, which IS in fact a certain synthetic 
hallucinogenic drug, and the drug is: 
A. 3, 4 - methylenedioxymethcathinone, MDMC; 
B. 3,4- methylenedioxypyrovalerone, MDPV; 
C. 4 - methylmethcathinone, 4-MMC; 
D. 4 - methoxymethcathinone, bk-PMMA, PMMC; 
E. 3 - fluoromethcathinone, FMC; 
F. 4 - fluoromethcathinone, FMC; 
G. Napthylpyrovalerone, NRG-I; and 
H. Beta-keto-N-methylbenzodioxolylpropylamine. 
Violation of this section is a Class C crime. 
This section is repealed June 15,2013. 
§11200 Unlawful trafficking in certain synthetic hallucinogenic drugs 
1. A person is guilty of unlawful trafficking in certain synthetic hallucinogenic drugs 
if the person intentionally or knowingly trafficks in what the person knows or believes to 
be a certain synthetic hallucinogenic drug, which is in fact a certain synthetic 
hallucinogenic drug listed in section 1119. 
2. If a person uses a motor vehicle to facilitate the trafficking in a certain synthetic 
hallucinogenic drug listed in section 1119, the court may, in addition to other authorized 
penalties, suspend the person's driver's license or permit or privilege to operate a motor 
vehicle or right to apply for or obtain a license for a period not to exceed 5 years. A 
suspension may not begin until after any period of incarceration is served. If the court 
suspends a person's driver's license or permit, privilege to operate a motor vehicle or right 
to apply for or obtain a license, the court shall notify the Secretary of State of the 
suspension and the court shall take physical custody of the person's license or permit. 
The Secretary of State may not reinstate the person's driver's license or permit or 
privilege to operate a motor vehicle or right to apply for or obtain a license unless the 
person demonstrates that, after having been released and discharged from any period of 
incarceration that may have been ordered, the person has served the period of suspension 
ordered by the court. 
Violation of this section is a Class B crime. 
4. This section is repealed June 15,2013. 
§1121. Aggravated trafficking in certain synthetic hallucinogenic drugs 
A person is guilty of aggravated trafficking in certain synthetic hallucinogenic 
drugs if the person violates section 1120 and: 
A. The person trafficks in a certain synthetic hallucinogenic drug with a child who is 
in fact less than 18 years of age. Violation of this paragraph is a Class A crime: 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT "r}" to H.P. 1147, L.D. 1562 
B. At the time of the offense, the person has one or more prior convictions for any 
Class A, B or C offense under this chapter or for engaging in substantially similar 
conduct to that of the Class A, B or C offenses under this chapter in another 
jurisdiction. Section 9-A governs the use of prior convictions when determining a 
sentence, except that, for the purposes of this paragraph, the date of each prior 
conviction may precede the commission of the offense being enhanced by more than 
years. Violation of this paragraph is a Class A crime; 
C. At the time of the offense, the person possesses a firearm in the furtherance of the 
offense, uses a firearm, carries a firearm or is armed with a firearm. Violation of this 
paragraph is a Class A crime; 
D'. 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 
zone as defined in section 1101. subsection 23. For purposes of this paragraph, 
"school bus" has the same meaning as defined in Title 29-A, section 2301. subsection 
5. Violation of this paragraph is a Class A crime; 
E. At the time of the offense, the person enlists or solicits the aid of or conspires with 
a child who is in fact less than 18 years of age to traffick in a certain synthetic 
hallucinogenic drug. Violation of this paragraph is a Class A crime: 
F. Death is in fact caused by the use of that certain synthetic hallucinogenic drug. A 
violation of this paragraph is a Class A crime; or 
G. 
Serious bodily injury is in fact caused by the use of that certain synthetic 
hallucinogenic drug. A violation of this paragraph is a Class B crime. 
2. If a person uses a motor vehicle to facilitate the aggravated trafficking in a certain 
synthetic hallucinogenic drug, the court may, in addition to other authorized penalties, 
suspend the person's driver's license or permit or privilege to operate a motor vehicle or 
right to apply for or obtain a license for a period not to exceed 5 years. A suspension may 
not begin until after any period of incarceration is served. If the court suspends a person's 
driver's license or permit, privilege to operate a motor vehicle or right to apply for or 
obtain a license, the court shall notify the Secretary of State of the suspension and the 
court shall take physical custody of the person's license or permit. The Secretary of State 
may not reinstate the person's driver's license or permit or privilege to operate a motor 
vehicle or right to app~y for or obtain a license unless the person demonstrates that, after 
having been released and discharged from any period of incarceration that may have been 
ordered. the person has served the period of suspension ordered by the court. 
3. This section is repealed June 15.2013. 
§1122. Unlawfully furnishing certain synthetic hallucinogenic drugs 
1. A person is guilty of unlawful furnishing of a certain synthetic hallucinogenic 
drug if the person intentionally or knowingly furnishes what the person knows or believes 
to be a certain synthetic hallucinogenic drug. which is in fact a certain synthetic 
hallucinogenic drug listed in section 1119. Violation of this subsection is a Class C 
crime. 
2. If a person uses a motor vehicle to facilitate the unlawful furnishing of a certain 
synthetic hallucinogenic drug. the court may, in addition to other authorized penalties, 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT .. n" to H.P. 1147, L.D. 1562 
suspend the person's driver's license, permit, privilege to operate a motor vehicle or right 
to apply for or obtain a license for a period not to exceed 5 years. A suspension may not 
begin until after any period of incarceration is served. If the court suspends a person's 
driver's license, permit, privilege to operate a motor vehicle or right to apply for or obtain 
a license, the court shall notify the Secretary of State of the suspension and the court shall 
take physical custody of the person's license. The Secretary of State may not reinstate the 
person's driver's license, permit, privilege to operate a motor vehicle or right to apply for 
or obtain a license unless the person demonstrates that, after having been released and 
discharged from any period of incarceration that may have been ordered, the person has 
served the period of suspension ordered by the court. 
3. This section is repealed June 15,2013. 
§1123. Aggravated furnishing of certain synthetic hallucinogenic drugs 
1. A person is guilty of aggravated furnishing of certain synthetic hallucinogenic 
drugs if the person violates section 1122 and: 
A. The person furnishes a certain synthetic hallucinogenic drug to a child who is in 
fact less than 18 years of age. Violation of this paragraph is a Class B crime; 
B. At the time of the offense. the person has one or more prior convictions for any 
Class A. B or C offense under this chapter or for engaging in substantially similar 
conduct to that of the Class A. B or C offenses under this chapter in another 
jurisdiction. Section 9-A governs the use of prior convictions when determining a 
sentence, except that, for the purposes of this paragraph, the date of each prior 
conviction may precede the commission of the offense being enhanced by more than 
years. Violation of this paragraph is a Class B crime; 
C. At the time of the offense. the person possesses a firearm in the furtherance of the 
offense, uses a firearm. carries a firearm or is armed with a firearm. Violation of this 
paragraph is a Class B crime; 
D. 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 
zone as defined in section 1101, subsection 23. For purposes of this paragraph, 
"school bus" has the same meaning as defined in Title 29-A, section 2301, subsection 
5. Violation of this paragraph is a Class B crime; 
E. At the time of the offense. the person enlists or solicits the aid of or conspires with 
a child who is in fact less than 18 years of age to furnish a certain synthetic 
hallucinogenic drug. Violation of this paragraph is a Class B crime; 
F. Death is in fact caused by the use of that certain synthetic hallucinogenic 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 was lawfully possessed by 
the defendant prior to furnishing and that the death was not a reasonably foreseeable 
consequence of the use of that certain synthetic hallucinogenic drug. In determining 
whether the death 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; 
COMMITTEE AMENDMENT 
COMMlITEE AMENDMENT" A " 
to H.P. II 47. L.D. 1562 
(3) The dosage ofthe 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 
G. 
Serious bodily injury is in fact caused by the use of that certain synthetic 
hallucinogenic 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 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 ofthe 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. 
2. If a person uses a motor vehicle to facilitate the aggravated furnishing of a certain 
synthetic hallucinogenic drug, the court may, in addition to other authorized penalties, 
suspend the person's driver's license or permit. privilege to operate a motor vehicle or 
right to apply for or obtain a license for a period not to exceed 5 years. A suspension may 
not begin until after any period of incarceration is served. If the court suspends a person's 
driver's license or permit, privilege to operate a motor vehicle or right to apply for or 
obtain a license, the court shall notify the Secretary of State of the suspension and the 
court shall take physical custody of the person's license or permit. The Secretary of State 
may not reinstate the person's driver's license or permit. privilege to operate a motor 
vehicle or right to apply for or obtain a license unless the person demonstrates that, after 
having been released and discharged from any period of incarceration that may have been 
ordered, the person has served the period of suspension ordered by the court. 
3. This section is repealed June 15,2013. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill. The amendment adds an emergency preamble and 
clause and, instead of listing so-called bath salts as Schedule W drugs under the Maine 
Criminal Code, chapter 45, prohibits the possession and use of the drugs using the same 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT" (1' to H.P. 1147,LD. 1562 
penalties as those imposed for Schedule W drugs. The amendment also repeals the 
changes effective June 15,2013, at which time the Legislature may reevaluate the statute 
and evaluate any action of the Federal Government regarding these drugs. 
FISCAL NOTE ttF:QLHlliD 
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COMMITTEE AMENDMENT 
Approved: 06/07111 
;tJ;I;?aC!. 
LD 1562 
LR 2027(02) 
An Act To Prohibit the Sale or Possession of So-called Bath Salts Containing Dangerous Synthetic 
Drugs 
Fiscal Note for Bill as Amended by Committee Amendment ,,~, 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new Class A, Class B and Class C crimes; increases correctional, indigent legal services and judicial costs. 
Fiscal Detail and Notes 
Prohibiting the sale or posses~ion of so-called bath saIts is expected to increase costs related to prosecuting and 
housing offenders. Estimates of the new number of individuals that may be convicted range from 10 to 24 per year. It 
is likely that a large number of offenders are juveniles. The exact amount of General Fund appropriations by fiscal 
year needed to support these costs cannot be estimated at this time. 
LR2027(02) - Fiscal Note - Page 1 of 1