An Act To Resolve Inconsistencies in the Drug Laws
Maine Legislature, Session 127, LD 1554
Committee Amendment CA_A_S417 (Senate)
Amends: 17-A MRSA §1107-A, 17-A MRSA §1348-A

COMMITTEE AMENDMENT " /+" 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, ,rB, 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and c. 346, §6, is repealed and the following enacted in its place: 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 that contains: 
(l) Heroin (diacetylm01:phine): 
(2) Cocaine in the form of cocaine base and: 
(a) The quantity possessed is 4 grams or more; or 
(b) 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: 
(3) Methamphetamine; 
( 4) Oxycodone 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: 
(5) Hydrocodone 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: 
(6) Hydromomhone 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; 
(7) Fentanyl powder: or 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A "to S.P. 609, L.D. 1554 
(8) Cocaine and the quantity possessed is 14 grams or more. 
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; 
Sec. 2. 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 ~ ffi 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. 3. 17-A MRSA §1348-A, sub-§5 is enacted to read: 
5. A deferred disposition is a preferred disposition in a prosecution for possession of 
schedule W drugs under section 1107-A, subsection 1. paragraph B.' 
SUMMARY 
This amendment is the majority report of the committee. This 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 conflicts 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 oxycodone, hydrocodone or hydromorphone is a 
Class D crime, and a 2nd or subsequent offense is a Class C crime; 
2. Possession of heroin, methamphetamine and fentanyl powder is a Class C crime; 
3. Possession of cocaine in a quantity of 14 grams or more is a Class C crime and 
possession of less than 14 grams is a Class D crime; and 
4. Possession of cocaine in the form of cocaine base if the quantity is 4 grams or 
more or if the offense is a 2nd or subsequent offense is a Class C crime. 
This amendment also amends the law on affirmative defenses to charges of 
possession of schedule W prescription drugs to take into account reordering in Title 17-A, 
section 1107-A, subsection 1, paragraph B the list of prescription drugs as a result of 
resolving the conflict and amends the law on deferred disposition under Title 17-A, 
section 1348-A to affirmatively state that deferred disposition is a preferred disposition in 
a prosecution for possession of schedule W drugs under Title 17-A, section 1107-A, 
subsection 1, paragraph B. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: 03/18/16 
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LD 1554 
LR2468(02) 
An Act To Resolve Inconsistencies in the Drug Laws 
Fiscal Note for Bill as Amended by Committee Amendment ''A' r-s-Y l7\ 
Committee: Criminal Justice and Public Safety 
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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(02) - Fiscal Note - Page I of I