An Act To Resolve Inconsistencies in the Drug Laws
Maine Legislature, Session 127, LD 1554
Committee Amendment CA_B_S418 (Senate)
Amends: 17-A MRSA §1107-A

COMMITTEE AMENDMENT " '5" to S.P. 609, L.D. 1554, Bill, "An Act To 
Resolve Inconsistencies in the Drug Laws" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 17-A MRSA §1107-A, sub-§1, ,iB, as amended by PL 2015, c. 308, §2 
and c. 346, §6, is repealed and the following enacted in its place: 
B. A schedule W drug and at the time of the offense the person had one or more 
convictions for violating this chapter or for engaging in substantially similar conduct 
to that of the Maine offenses under this chapter in another jurisdiction and the drug 
contains: 
(1) Heroin (diacetylmorphine); 
(2) Cocaine in the form of cocaine base and the amount possessed is 2 grams or 
more; 
(3) Methamphetamine: 
(4) Oxycodone: 
(5) Hydrocodone: 
(6) Hydromorphone; or 
(7) Fentanyl powder. 
Section 9-A governs the use of prior convictions when determining a sentence, except 
that, for the purposes of this paragraph. the date of a prior conviction may precede the 
commission of the offense by more than 10 years. 
Violation of this paragraph is a Class C crime;' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"'\)" to S.P. 609, L.D. 1554 
SUMMARY 
This amendment is the minority report of the committee. The amendment repeals 2 
conflicting versions of the Maine Revised Statutes, Title 17-A, section 1107-A, 
subsection 1, paragraph B, which was amended by Public Law 2015, chapter 308, section 
and chapter 346, section 6. The amendment resolves the conflict and enacts a new 
version of Title 17-A, section 1107-A, subsection 1, paragraph B. 
Under this 
amendment, and subject to other provisions of law that address the quantities of drugs 
possessed: 
1. 
The first offense of possession of heroin, methamphetamine, oxycodone, 
hydrocodone, hydromorphone or fentanyl powder, or cocaine in the form of cocaine base 
if the quantity possessed is 2 grams or more, is a Class D crime; 
2. The 2nd and subsequent offenses of possession of heroin, methamphetamine, 
oxycodone, hydrocodone, hydromorphone or fentanyl powder, or cocaine in the form of 
cocaine base if the quantity possessed is 2 grams or more, is a Class C crime; 
3. The first offense and the 2nd and subsequent offenses of possession of cocaine in 
the form of cocaine base if the quantity possessed is less than 2 grams is a Class D crime; 
and 
4. By the interaction of Title 17-A, section 1107-A, subsection 1, paragraphs A, B 
and C, the possession of cocaine in any quantity of 14 grams or less regardless of whether 
the offense is a first or subsequent offense is a Class D crime. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: 03/18/16 
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LD 1554 
LR2468(03) 
An Act To Resolve Inconsistencies in the Drug Laws 
Fiscal Note for Bill as Amended by Committee Amendment lf {j- <i /'3 \ 
Committee: Criminal Justice and Public Safety 
'/ 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the class of a crime from Class D to Class C. 
LR2468(03) - Fiscal Note - Page l of l