An Act To Criminalize Possession, Trafficking and Furnishing of So-called Bath Salts Containing Synthetic Hallucinogenic Drugs
Maine Legislature, Session 125, LD 1589
Committee: Criminal Justice and Public Safety
Sponsors: DAMON, FARNHAM, BERRY, CUSHING, HASKELL, PLUMMER, GERZOFSKY, MASON, RAYE
Amends: 15 MRSA §5821, 17-A MRSA §1101, 17-A MRSA §1201, 22 MRSA §2383-B

Legislative Document 
No. 1589 
H.P. 1192 
House of Representatives, September 23, 2011 
An Act To Criminalize Possession, Trafficking and Furnishing of 
So-called Bath Salts Containing Synthetic Hallucinogenic Drugs 
(EMERGENCY) 
Received by the Clerk of the House on September 21, 2011.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 218. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative DAMON of Bangor.  (GOVERNOR'S BILL) 
Cosponsored by Senator FARNHAM of Penobscot and 
Representatives: BERRY of Bowdoinham, CUSHING of Hampden, HASKELL of Portland, 
PLUMMER of Windham, Senators: GERZOFSKY of Cumberland, MASON of Androscoggin, 
President RAYE of Washington. 
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 salts are powerful 
stimulant drugs that are suspected to have been designed to avoid prosecution and are 
commonly available on the Internet; and 
Whereas, a perception exists that these so-called bath salts are a safer alternative to 
other illegal drugs, but, in fact, the use of bath salts is known to produce a number of 
severe side effects, including psychosis, 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, the passage of Public Law 2011, chapter 447 earlier this year has not had 
the intended effect of reducing the possession and use of these so-called bath salts; 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.  15 MRSA §5821, sub-§§1 and 2, as enacted by PL 1987, c. 420, §2, are 
amended to read: 
1.  Scheduled drugs and synthetic hallucinogenic drugs.  All scheduled drugs 
which and all synthetic hallucinogenic drugs, as defined in Title 17-A, section 1101, 
subsection 16-A, that have been manufactured, made, created, grown, cultivated, sold, 
bartered, traded, furnished for consideration, furnished, distributed, dispensed, possessed 
or otherwise acquired in violation of any law of this State, any other state or of the United 
States; 
2.  Materials related to scheduled drugs and synthetic hallucinogenic drugs.  All 
raw materials, products and equipment of any kind which that are used or intended for 
use in manufacturing, compounding, processing, delivering, cultivating, growing or 
otherwise creating any scheduled drug or any synthetic hallucinogenic drug, as defined in 
Title 17-A, section 1101, subsection 16-A, in violation of any law of this State, any other 
state or the United States; 
Sec. 2.  15 MRSA §5821, sub-§3-A, as amended by PL 2001, c. 348, §2, is 
further amended to read: 
3-A.  Firearms and other weapons.  Law enforcement officers may seize all 
firearms and dangerous weapons that they may find in any lawful search for scheduled 
drugs or synthetic hallucinogenic drugs, as defined in Title 17-A, section 1101, 
subsection 16-A, in which scheduled drugs or synthetic hallucinogenic drugs are found.  
Except for those seized weapons listed in a petition filed in the Superior Court pursuant to 
section 5822, all weapons seized, after notice and opportunity for hearing, must be 
forfeited to the State by the District Court 90 days after a list of the weapons and drugs 
seized is filed in the District Court in the district in which the weapons and drugs were 
seized.  A weapon need not be forfeited if the owner appears prior to the declaration of 
forfeiture and satisfies the court, by a preponderance of evidence, of all of the following: 
A.  That the owner had a possessory interest in the weapon at the time of the seizure 
sufficient to exclude every person involved with the seized drugs or every person at 
the site of the seizure; 
B.  That the owner had no knowledge of or involvement with the drugs and was not 
at the site of the seizure; and 
C.  That the owner had not given any involved person permission to possess or use 
the weapon. 
Post-hearing procedures are as provided in section 5822.  
A confiscated or forfeited handgun that was confiscated or forfeited because it was used 
to commit a homicide must be destroyed by the State unless the handgun was stolen and 
the rightful owner was not the person who committed the homicide, in which case the 
handgun must be returned to the owner if ascertainable.  For purposes of this subsection, 
"handgun" means a firearm, including a pistol or revolver, designed to be fired by use of 
a single hand. 
Sec. 3.  15 MRSA §5821, sub-§6, as amended by PL 1989, c. 302, §1, is further 
amended to read: 
6.  Money instruments.  Except as provided in paragraph A, all money, negotiable 
instruments, securities or other things of value furnished or intended to be furnished by 
any person in exchange for a scheduled drug or synthetic hallucinogenic drug, as defined 
in Title 17-A, section 1101, subsection 16-A, in violation of Title 17-A, chapter 45; all 
proceeds traceable to such an exchange; and all money, negotiable instruments and 
securities used or intended to be used to facilitate any violation of Title 17-A, chapter 45;. 
A.  No property may be forfeited under this subsection, to the extent of the interest of 
an owner, by reason of any act or omission established by that owner to have been 
committed or omitted without the knowledge or consent of that owner; 
Sec. 4.  15 MRSA §5821, sub-§7, as amended by PL 2003, c. 688, Pt. B, §2, is 
further amended to read: 
7.  Real property.  Except as provided in paragraph A, all real property, including 
any right, title or interest in the whole of any lot or tract of land and any appurtenances or 
improvements, that is used or intended for use, in any manner or part, to commit or to 
facilitate the commission of a violation of Title 17-A, section 1103, 1105-A, 1105-B or, 
1105-C, which 1120, 1121 or 1123 that is a Class A, Class B or Class C crime, with the 
exception of offenses involving marijuana.  
A.  Property may not be forfeited under this subsection, to the extent of an interest of 
an owner, by reason of an act or omission established by that owner to have been 
committed or omitted without the knowledge or consent of that owner.  When an 
owner of property that is that person's primary residence proves by a preponderance 
of the evidence that the owner is the spouse or minor child of the coowner of the 
primary residence who has used or intended to use the residence, in any manner or 
part, to commit or facilitate the commission of a violation of Title 17-A, section 
1103, 1105-A, 1105-B or, 1105-C, 1120, 1121 or 1123, the State shall bear the 
burden of proving knowledge or consent of the spouse or minor child by a 
preponderance of the evidence; 
Sec. 5.  17-A MRSA §1101, sub-§16-A is enacted to read: 
16-A.    "Synthetic hallucinogenic drug" means: 
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-1; or 
H.  Beta-keto-N-methylbenzodioxolylpropylamine. 
Sec. 6.  17-A MRSA §§1119 to 1123 are enacted to read: 
§1119.  Unlawful possession of synthetic hallucinogenic drugs 
1.   A person is guilty of unlawful possession of a synthetic hallucinogenic drug if the 
person intentionally or knowingly possesses what that person knows or believes to be a 
synthetic hallucinogenic drug, which is in fact a synthetic hallucinogenic drug. 
Violation of this subsection is a Class D crime. 
2.   A person who violates subsection 1 commits a Class C crime if: 
A.  The person has one or more prior convictions for any offense under this chapter; 
or  
B.  The person has one or more prior convictions for any Class A, B or C offense 
under this Title or for engaging in substantially similar conduct to that of a Class A, B 
or C offense under this Title in another jurisdiction. 
§1120.  Unlawful trafficking in synthetic hallucinogenic drugs 
1.   A person is guilty of unlawful trafficking in a synthetic hallucinogenic drug if the 
person intentionally or knowingly trafficks in what the person knows or believes to be a 
synthetic hallucinogenic drug, which is in fact a synthetic hallucinogenic drug.  Violation 
of this subsection is a Class B crime. 
2.   If a person uses a motor vehicle to facilitate the trafficking in a 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 or 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. 
§1121.  Aggravated trafficking in synthetic hallucinogenic drugs 
1.   A person is guilty of aggravated trafficking in a synthetic hallucinogenic drug if 
the person violates section 1120 and: 
A.  The person trafficks in a 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; 
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.  Violation of this paragraph is a Class 
A crime. 
For purposes of this paragraph, "school bus" has the same meaning as in Title 29-A, 
section 2301, subsection 5; 
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 synthetic hallucinogenic 
drug. Violation of this paragraph is a Class A crime; 
F.  Death is in fact caused by the use of that synthetic hallucinogenic drug. Violation 
of this paragraph is a Class A crime; or 
G.  Serious bodily injury is in fact caused by the use of that synthetic hallucinogenic 
drug. Violation of this paragraph is a Class B crime. 
2.   If a person uses a motor vehicle to facilitate the aggravated trafficking in a 
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 or 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. 
§1122.  Unlawfully furnishing synthetic hallucinogenic drugs 
1.   A person is guilty of unlawful furnishing of a synthetic hallucinogenic drug if the 
person intentionally or knowingly furnishes what the person knows or believes to be a 
synthetic hallucinogenic drug, which is in fact a synthetic hallucinogenic drug. 
Violation of this subsection is a Class C crime. 
2.   If a person uses a motor vehicle to facilitate the unlawful furnishing of a 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 or 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. 
§1123.  Aggravated furnishing of synthetic hallucinogenic drugs 
1.   A person is guilty of aggravated furnishing of a synthetic hallucinogenic drug if 
the person violates section 1122 and: 
A.  The person furnishes a 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. Violation of this paragraph is a Class 
B crime. 
For purposes of this paragraph, "school bus" has the same meaning as in Title 29-A, 
section 2301, subsection 5; 
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 synthetic hallucinogenic 
drug. Violation of this paragraph is a Class B crime; 
F.  Death is in fact caused by the use of that synthetic hallucinogenic drug. 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 synthetic hallucinogenic drug. In determining whether the death was 
reasonably foreseeable, the fact finder 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 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 synthetic hallucinogenic 
drug. 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 synthetic hallucinogenic drug. 
In determining whether the serious bodily injury was reasonably foreseeable, the fact 
finder 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 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. 
2.   If a person uses a motor vehicle to facilitate the aggravated furnishing of a 
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 or 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. 
Sec. 7.  17-A MRSA §1201, sub-§1, ¶A-1, as amended by PL 2009, c. 573, §3, 
is further amended to read: 
A-1.    The conviction is for a Class D or Class E crime other than: 
(1)  A Class D or Class E crime relative to which, based upon both the written 
agreement of the parties and a court finding, the facts and circumstances of the 
underlying criminal episode giving rise to the conviction generated probable 
cause to believe the defendant had committed a Class A, Class B or Class C 
crime in the course of that criminal episode and, as agreed upon in writing by the 
parties and found by the court, the defendant has no prior conviction for murder 
or for a Class A, Class B or Class C crime and has not been placed on probation 
pursuant to this subparagraph on any prior occasion; 
(2)  A Class D crime that the State pleads and proves was committed against a 
family or household member or a dating partner under chapter 9 or 13 or section 
554, 555 or 758.  As used in this subparagraph, "family or household member" 
has the same meaning as in Title 19-A, section 4002, subsection 4; "dating 
partner" has the same meaning as in Title 19-A, section 4002, subsection 3-A;  
(2-A)  A Class D crime under Title 5, section 4659,  subsection 1, Title 15, 
section 321, subsection 6 or Title 19-A, section 4011, subsection 1; 
(3)  A Class D or Class E crime in chapter 11 or 12; 
(4)  A Class D crime under section 210-A; 
(4-A)  A Class E crime under section 552; 
(5)  A Class D or Class E crime under section 556, section 854, excluding 
subsection 1, paragraph A, subparagraph (1), or section 855; 
(6)  A Class D crime in chapter 45 relating to a schedule W drug;  
(7)  A Class D or Class E crime under Title 29-A, section 2411, subsection 1-A, 
paragraph B; or 
(8)  A Class D crime under Title 17, section 1031.; or 
(9) A Class D crime under Title 17-A, section 1119, subsection 1. 
Sec. 8.  22 MRSA §2383-B, sub-§2-A is enacted to read: 
2-A.  Others so authorized.  Except as otherwise provided by law, the following 
persons are authorized to possess, furnish and have control of synthetic hallucinogenic 
drugs, as defined in Title 17-A, section 1101, subsection 16-A: 
A.  Employees or agents of persons lawfully entitled to possession who have 
temporary, incidental possession while acting within the scope of their employment 
or agency; 
B.  Persons whose possession is for the purpose of aiding public officers in 
performing their official duties while acting within the scope of their employment or 
duties;  
C.  Law enforcement officers while acting within the scope of their employment and 
official duties; and 
D.  Persons conducting research at a school of pharmacology that is accredited or a 
candidate for accreditation in good standing. 
Sec. 9.  22 MRSA §2383-B, sub-§3, ¶D-1 is enacted to read: 
D-1.  "Synthetic hallucinogenic drug" has the same meaning as in Title 17-A, section 
1101, subsection 16-A. 
Sec. 10.  22 MRSA §§2390 to 2394, as enacted by PL 2011, c. 447, §1, are 
repealed. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill repeals the Maine Revised Statutes, Title 22, sections 2390 to 2394, as 
enacted in Public Law 2011, chapter 447, which made possession of certain synthetic 
hallucinogenic drugs, or so-called bath salts, a civil violation.  This bill defines "synthetic 
hallucinogenic drug" and also increases the penalties related to those drugs as follows: 
1.  Unlawful possession is increased from a civil violation to a Class D crime for a 
first offense, with the possibility of probation; 
2.  Unlawful trafficking is increased from a Class E to a Class B crime;  
3.  Aggravated trafficking is increased from a Class C to a Class A crime; 
4.  Unlawful furnishing is increased from a Class E to a Class C crime; and 
5.  Aggravated furnishing is increased from a Class D to a Class B crime, except 
when there is serious bodily injury, in which case it is a Class C crime. 
This bill also applies the asset forfeiture laws pertaining to scheduled drugs to 
property used in the manufacturing or delivering of synthetic hallucinogenic drugs and 
weapons, money and real property related to the crimes regarding synthetic 
hallucinogenic drugs.