An Act To Reduce the Penalties for Certain Drug Offenses
Maine Legislature, Session 127, LD 0113
Committee: Criminal Justice and Public Safety
Sponsors: KATZ, DION, BRAKEY, HILL, VOLK, BLACK
Amends: 17-A MRSA §1101, 17-A MRSA §1103, 17-A MRSA §1106, 17-A MRSA §1107-A, 17-A MRSA §1110

Legislative Document 
No. 113 
S.P. 46 
In Senate, January 22, 2015 
An Act To Reduce the Penalties for Certain Drug Offenses 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator KATZ of Kennebec. 
Cosponsored by Representative DION of Portland and 
Senators: BRAKEY of Androscoggin, HILL of York, VOLK of Cumberland, Representative: 
BLACK of Wilton. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1101, sub-§17, as amended by PL 1999, c. 374, §1 and c. 
453, §§1 to 3, is further amended to read: 
17.     "Traffick": 
A.  To make, create, manufacture; 
B.  To grow or cultivate, except for marijuana; 
C.  To sell, barter, trade, exchange or otherwise furnish for consideration; or 
D.  To possess with the intent to do any act mentioned in paragraph C; or. 
E.  To possess 2 grams or more of heroin or 90 or more individual bags, folds, 
packages, envelopes or containers of any kind containing heroin. 
Sec. 2.  17-A MRSA §1101, sub-§18, as amended by PL 1999, c. 453, §§4 and 5, 
is further amended to read: 
18.     "Furnish:"  
A.  To furnish, give, dispense, administer, prescribe, deliver or otherwise transfer to 
another; or 
B.  To possess with the intent to do any act mentioned in paragraph A; or. 
C.  To possess at least one gram but less than 2 grams of heroin or at least 45 but 
fewer than 90 individual bags, folds, packages, envelopes or containers of any kind 
containing heroin. 
Sec. 3.  17-A MRSA §1103, sub-§1-A, ¶¶A and B, as enacted by PL 2001, c. 
383, §115 and affected by §156, are amended to read: 
A.  A schedule W drug.  Violation of this paragraph is a Class B C crime; 
B.  A schedule X drug.  Violation of this paragraph is a Class C D crime; 
Sec. 4.  17-A MRSA §1103, sub-§3, as amended by PL 2001, c. 383, §117 and 
affected by §156 and amended by c. 419, §§11 to 13, is repealed. 
Sec. 5.  17-A MRSA §1106, sub-§1-A, ¶A, as enacted by PL 2001, c. 383, §121 
and affected by §156, is amended to read: 
A.  A schedule W drug.  Violation of this paragraph is a Class C D crime; 
Sec. 6.  17-A MRSA §1106, sub-§3, as amended by PL 2009, c. 67, §1, is 
repealed. 
Sec. 7.  17-A MRSA §1107-A, sub-§1, ¶A, as enacted by PL 2001, c. 383, §127 
and affected by §156, is repealed. 
Sec. 8.  17-A MRSA §1107-A, sub-§1, ¶B, as amended by PL 2007, c. 476, §43, 
is repealed. 
Sec. 9.  17-A MRSA §1107-A, sub-§1, ¶C, as enacted by PL 2001, c. 383, §127 
and affected by §156, is amended to read: 
C.  A schedule W drug, except as provided in paragraphs A and B.  Violation of this 
paragraph is a Class D crime; 
Sec. 10.  17-A MRSA §1107-A, sub-§4, as amended by PL 2011, c. 464, §19, is 
further amended to read: 
4.   It is an affirmative defense to prosecution under subsection 1, paragraph B, 
subparagraphs (3) to (6) and paragraphs C to F that the person possessed a valid 
prescription for the scheduled drug or controlled substance that is the basis for the charge 
and that, at all times, the person intended the drug to be used only for legitimate medical 
use in conformity with the instructions provided by the prescriber and dispenser. 
Sec. 11.  17-A MRSA §1110, sub-§1, as amended by PL 2001, c. 383, §131 and 
affected by §156, is further amended to read: 
1.     Except as provided in subsection 1-B, paragraph A, a person is guilty of 
trafficking in hypodermic apparatuses if  the person intentionally or knowingly trafficks 
in one or more hypodermic apparatuses.  Violation of this subsection is a Class C D 
crime. 
SUMMARY 
This bill amends the Maine Criminal Code by striking language that defines as 
trafficking or furnishing the possession of a certain amount of heroin and all permissible 
inferences based on possession of schedule W or X drugs.  This bill also downgrades 
felony-level trafficking, furnishing, possession and hypodermic needles offenses.