An Act To Amend the Laws Governing Prosecution of Individuals Possessing a Controlled Substance under Certain Circumstances
Maine Legislature, Session 125, LD 1827
Committee: Criminal Justice and Public Safety
Amends: 17-A MRSA §1107-A

Legislative Document 
No. 1827 
H.P. 1348 
House of Representatives, February 17, 2012 
An Act To Amend the Laws Governing Prosecution of Individuals 
Possessing a Controlled Substance under Certain Circumstances 
Reported by Representative STRANG BURGESS of Cumberland for the Joint Standing 
Committee on Health and Human Services pursuant to Joint Order, H.P. 1328. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed pursuant to Joint Rule 218. 
HEATHER J.R. PRIEST 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1107-A, sub-§1, as amended by PL 2009, c. 67, §2, is 
further amended to read: 
1.   Except as provided in subsection subsections 2 and 2-A, a person is guilty of 
unlawful possession of a scheduled drug if the person intentionally or knowingly 
possesses what that person knows or believes to be a scheduled drug, which is in fact a 
scheduled drug, and the drug is: 
A.  A schedule W drug that is: 
(1)  Cocaine and the quantity possessed is more than 14 grams; 
(2)  Cocaine in the form of cocaine base and the quantity possessed is more than 
grams; or 
(3)  Methamphetamine and the quantity possessed is more than 14 grams. 
Violation of this paragraph is a Class B crime; 
B.  A schedule W drug that contains: 
(1)  Heroin (diacetylmorphine); 
(2)  Cocaine in the form of cocaine base and at the time of the offense the person 
has one or more prior convictions for any offense under this chapter or for 
engaging in substantially similar conduct to that of the Maine offenses under this 
chapter in another jurisdiction.  For the purposes of this paragraph, a person has 
been convicted of an offense on the date the judgment of conviction was entered 
by the court; 
(3)  Methamphetamine; 
(4)  Oxycodone; 
(5)  Hydrocodone; or 
(6)  Hydromorphone. 
Violation of this paragraph is a Class C crime; 
C.  A schedule W drug, except as provided in paragraphs A and B.  Violation of this 
paragraph is a Class D crime; 
D.  A schedule X drug.  Violation of this paragraph is a Class D crime; 
E.  A schedule Y drug.  Violation of this paragraph is a Class E crime; or 
F.  A schedule Z drug.  Violation of this paragraph is a Class E crime unless the drug 
is marijuana, in which case a violation of this paragraph is: 
(1)  For possession of over 2 1/2 ounces to 8 ounces of marijuana, a Class E 
crime; 
(2)  For possession of over 8 ounces to 16 ounces of marijuana, a Class D crime; 
(3)  For possession of over one pound to 20 pounds of marijuana, a Class C 
crime; and 
(4)  For possession of over 20 pounds of marijuana, a Class B crime. 
Sec. 2.  17-A MRSA §1107-A, sub-§2-A is enacted to read: 
2-A.  A person is not guilty of unlawful possession of a scheduled drug if the 
evidence for the charge of possession of the scheduled drug is gained as a result of the 
person's: 
A.  Seeking medical assistance, in good faith, for someone experiencing a drug-
related overdose; or 
B.  Seeking medical assistance when experiencing a drug-related overdose. 
SUMMARY 
This bill provides an exception to the crime of unlawful possession of a scheduled 
drug for a person charged with that crime if the evidence for the charge is gained as a 
result of the person's seeking medical assistance for a drug-related overdose.  This bill is a 
recommendation from the Substance Abuse Services Commission's work group convened 
pursuant to Resolve 2011, chapter 81 and is submitted by the Joint Standing Committee 
on Health and Human Services.