An Act To Increase Potential Criminal Penalties for the Possession of Cocaine and Cocaine Base
Maine Legislature, Session 125, LD 0044
Committee Amendment CA_B_H419 (House)
Amends: 17-A MRSA §1

COMMITTEE AMENDMENT "8,, to H.P. 37, L.D. 44, Bill, "An Act To Increase 
Potential Criminal Penalties for the Possession of Cocaine and Cocaine Base" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRSA §1l07-A, sub-§l, ~, as amended by PL 2007, c. 476, §43, 
is further amended to read: 
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 the quantity possessed is 7 to 14 grams; 
(2-A) Cocaine in the form of cocaine base and the quantity possessed is 2 to 4 
grams; 
(3) Methamphetamine; 
(4) Oxycodone; 
(5) Hydrocodone; or 
(6) Hydromorphone. 
Violation of this paragraph is a Class C crime; 
Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
CORRECTIONS, DEPARTMENT OF 
Page l - 12SLR0190(03)-1 
COMMITTEE AMENDMENT 
<::;. 
~1 1 
COMMITTEE AMENDMENT aB" to H.P. 37, LD. 44 
.. 
Correctional Impact Reserve N033 
Initiative: Provides funds to the Correctional Impact Reserve program to support the 
additional incremental costs of enhancing the penalty for possession of cocaine and 
cocaine base. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
CORRECTIONS, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL - ALL FUNDS 
2011-12 
$764,154 
$764,154 
2011-12 
$764,154 
$764,154 
2012-13 
$849,059 
$849,059 
2012-13 
$849,059 
$849,059 
INDIGENT LEGAL SERVICES, MAINE COMMISSION ON 
Maine Commission on Indigent Legal Services Z1l2 
Initiative: Provides funds for the incremental increase in indigent legal services costs as a 
result of enhancing the penalty for possession of cocaine and cocaine base. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
INDIGENT LEGAL SERVICES, MAINE 
COMMISSION ON 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENTTOTAL-ALLFUNDS 
SECTION TOTALS 
GENERAL FUND 
2011-12 
$4,453 
$4,453 
2011-12 
$4,453 
$4,453 
2011-12 
$768,607 
COMMITTEE AMENDMENT 
2012-13 
$4,453 
$4,453 
2012-13 
$4,453 
$4,453 
2012-13 
$853,512 
COMMITTEE AMENDMENT~" to H.P. 37, L.D. 44 
, 
SECTION TOTAL - ALL FUNDS 
SUMMARY 
$768,607 
$853,512 
This amendment is the minority report. Instead of making possession of any amount 
of cocaine or cocaine base at least a Clas.s C crime, as the bill does, the amendment 
specifies that possession of 7 to 14 grams of cocaine and 2 to 4 grams of cocaine in the 
fonn of cocaine base is a Class C crime. The amendment adds an appropriations and 
allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/19111 
P/t::ZC 
LD44 
LR 190(03) 
An Act To Increase Potential Criminal Penalties for the Possession of Cocaine and Cocaine Base 
Fiscal Note for Bill as Amended by Committee Amendment~' 
Committee: Criminal Justice and Public Safety 
Net Cost (Savings) 
General Fund 
Appropriations! Allocations 
General Fund 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
FY 2012-13 
$768,607 
$853,512 
$768,607 
$853,512 
Projections 
FY 2013-14 
$853,512 
$853,512 
Increases Class 0 crimes to Class C crimes; increases correctional, indigent legal and judicial costs. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Correctional Cost Detail 
Increases Class 0 to Class C 
Total Cost - All Convictions 
FY 2012 
$764,154 
$764,154 
FY2013 
$849,059 
$849,059 
FY 2014 
$849,059 
$849,059 
FY 2015 
$849,059 
$849,059 
Projections 
FY 2014-15 
$853,512 
$853,512 
FY 2016 
$849,059 
$849,059 
The annual incremental increase to the correctional system is estimated to be $849,059 based on an assumed 61 
convictions per year. The annual incremental cost to the Maine Commission on Indigent Legal Services is estimated 
to be $4,453. 
LROI90(03) - Fiscal Note - Page I of 1