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-SA_A_S362 (Senate)

SENATE AMENDMENT" A" to 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 amendment by striking out everything after the enacting clause and before 
the emergency clause and inserting the following: 
'Sec. 1. 22 MRSA §§2390 to 2394 are enacted to read: 
§2390. Unlawful possession of certain synthetic hallucinogenic drugs 
1. Unlawful possession. It is unlawful for a person to possess certain synthetic 
hallucinogenic drugs if the person intentionally or knowingly possesses what that person 
knows or believes to 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-l; and 
H. Beta-keto-N-methylbenzodioxolylpropylamine. 
2. Penalties. The following penalties apply. 
A. A person who violates this section commits a civil violation for which a fine of 
not more than $350 may be adjudged. 
B. A person who violates this section after having been previously adjudicated of 
violating this section commits a civil violation for which a fine of not more than $500 
may be adjudged. 
SENATE AMENDMENT 
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SENATE AMENDMENT" A"to COMMITTEE AMENDMENT "A" to H.P. 1147, L.D. 1562 
C. A person who violates this section after having been previously adjudicated of 
violating this section 2 or more times commits a Class E crime. 
3. Repeal. This section is repealed June 15,2013. 
§2391. Unlawful trafficking in certain synthetic hallucinogenic drugs 
1. Unlawful trafficking. It is unlawful for a person to traffick 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 2390. 
For purposes of this section, 
"traffick" has the same meaning as in Title 17-A, section 1101, subsection 17. 
2. Penalties. The following penalties apply. 
A. A person who violates this section commits a civil violation for which a fine of 
not more than $1,000 may be adjudged. 
B. A person who violates this section after having been previously adjudicated of 
violating this section commits a Class D crime. 
3. 
Use of a motor vehicle. If a person uses a motor vehicle to facilitate the 
trafficking in a certain synthetic hallucinogenic drug listed in section 2390, 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. 
4. Repeal. This section is repealed June 15,2013. 
§2392. Aggravated trafficking in certain synthetic hallucinogenic drugs 
1. Unlawful aggravated trafficking. A person is guilty of aggravated trafficking in 
certain synthetic hallucinogenic drugs if the person violates section 2391 and: 
A. The person trafficks in a certain synthetic hallucinogenic drug with a child who is 
in fact less than 18 years of age; 
B. At the time of the offense, the person has one or more prior adjudications for any 
violation under this chapter or for engaging in substantially similar conduct in 
another jurisdiction; 
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; 
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 
SENA TE AMENDMENT 
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SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 1147, L.D. 1562 
zone as defined in Title 17 -A, 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; or 
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. 
2. Penalty. Violation of this section is a Class C crime. 
3. 
Use of a motor vehicle. 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 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. 
4. Repeal. This section is repealed June 15,2013. 
§2393. Unlawfully furnishing certain synthetic hallucinogenic drugs 
1. Unlawful furnishing. It is unlawful for a person to furnish certain synthetic 
hallucinogenic drugs 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 2390. 
2. Penalties. The following penalties apply. 
A. A person who violates this section commits a civil violation for which a fine of 
not more than $500 may be adjudged. 
B. A person who violates this section after having been previously adjudicated as 
violating this section commits Class E crime. 
3. Use of a motor vehicle. 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, 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. 
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 
SENA TE AMENDMENT 
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SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 1147, L.D. 1562 
incarceration that may have been ordered, the person has served the period of suspension 
ordered by the court. 
4. Repeal. This section is repealed June 15,2013. 
§2394. Aggravated furnishing of certain synthetic hallucinogenic drugs 
1. Aggravated furnishing. A person is guilty of aggravated furnishing of certain 
synthetic hallucinogenic drugs if the person violates section 2393 and: 
A. The person furnishes a certain synthetic hallucinogenic drug to a child who is in 
fact less than 18 years of age; 
B. At the time of the offense, the person has one or more prior adjudications for any 
violation under this chapter or for engaging in substantially similar conduct in 
another jurisdiction; 
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; 
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 Title 17-A, 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; or 
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. 
2. Penalty. Violation of this section is a Class D crime. 
3. 
Use of a motor vehicle. 
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 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. 
4. Repeal. This section is repealed June 15,2013. 
Sec. 2. Maine Revised Statutes headnote amended; revision clause. In the 
Maine Revised Statutes, Title 22, chapter 558, in the chapter headnote, the words 
"marijuana, scheduled drugs, imitation scheduled drugs and hypodermic apparatuses" are 
amended to read "marijuana, scheduled drugs, imitation scheduled drugs, certain 
SENA TE AMENDMENT 
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SENATE AMENDMENT" A "to COMMITTEE AMENDMENT "A" to H.P. 1147, L.D. 1562 
synthetic hallucinogenic drugs and hypodermic apparatuses" and the Revisor of Statutes 
shall implement this revision when updating, publishing or republishing the statutes.' 
SUMMARY 
This amendment reallocates the restriction on the use, trafficking or possession of so-
called bath salts proposed in Committee Amendment "A" from the Maine Criminal Code 
to the Maine Revised Statutes, Title 22 and changes the penalties. 
SPONSORED BY: 
A.~0vJ, Q...W- 1ft 
-"J 
(Senator ROSEN, R) 
COUNTY: Hancock 
FISCAL ~OrE REQUIRED 
(~ee ~ttached) 
SENA TE AMENDMENT 
Approved: 06124111 ?Hac:.. 
LD 1562 
LR 2027(04) 
An Act To Prohibit the Sale or Possession of So-called Bath Salts Containing Dangerous Synthetic 
Drugs 
Fiscal Note for Senate Amendment "A" to Committee Amendment "A" S - 3(02-
Sponsor: Sen. Rosen of Hancock 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost decrease - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Eliminates new Class A, Class B and Class C crimes; decreases correctional, indigent legal services and judicial costs. 
Establishes new Class C, Class D and Class E and civil penalties; increases correctional, indigent legal services and 
judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
This amendment lowers the penalty provisions contained in Committee Amendment "A" which reduces the 
correctional and indigent legal services costs. The bill, as amended, continues to increase costs related to prosecuting 
and housing offenders. The exact amount of General Fund appropriations by fiscal year needed to support these costs 
cannot be estimated at this time. 
LR2027(04) - Fiscal Note - Page 1 of 1