An Act To Resolve Inconsistencies in the Drug Laws
Maine Legislature, Session 127, LD 1554
Committee: Criminal Justice and Public Safety
Sponsors: ROSEN, DAVITT, DIAMOND, SAVIELLO, BECK, SHORT
Amends: 17-A MRSA §1107-A

Legislative Document 
No. 1554 
S.P. 609 
In Senate, January 12, 2016 
An Act To Resolve Inconsistencies in the Drug Laws 
Submitted by the Department of the Attorney General pursuant to Joint Rule 203. 
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 ROSEN of Hancock. 
Cosponsored by Representative DAVITT of Hampden and 
Senators: DIAMOND of Cumberland, SAVIELLO of Franklin, Representatives: BECK of 
Waterville, SHORT of Pittsfield. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  17-A MRSA §1107-A, sub-§1, ¶B, 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and c. 346, §6, is repealed and the following enacted in its place: 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: 
(1)  Heroin (diacetylmorphine); 
(2)  Cocaine in the form of cocaine base 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; 
(3)  Methamphetamine; 
(4)  Oxycodone and the aggregate quantity of pills, capsules, tablets, mixtures or 
substances is equal to or more than 30 milligrams; 
(5)  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; 
(6)  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; 
(7)  Hydromorphone 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; 
(8)  Fentanyl powder; 
(9)  Cocaine and the quantity possessed is 7 grams or more; or 
(10)  Cocaine in the form of cocaine base and the quantity possessed is 2 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 (3) to (6) (7) 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. 
SUMMARY 
This bill corrects a conflict created by Public Law 2015, chapters 308 and 346, which 
affected the same provision of law.  It repeals the provision and replaces it with a version 
that provides that a person is guilty of unlawful possession of a scheduled drug and 
commits a Class C crime 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 schedule W drug that contains:  
1.  Heroin; 
2.  Cocaine in the form of cocaine base, oxycodone, hydrocodone or hydromorphone 
and at the time of the offense the person had one or more convictions for violating the 
State's drug laws or for engaging in substantially similar conduct to that of offenses under 
the State's drug laws in another jurisdiction; 
3.  Methamphetamine; 
4.  Oxycodone and the aggregate quantity of pills, capsules, tablets, mixtures or 
substances is equal to or more than 30 milligrams; 
5.  Fentanyl powder; 
6.  Cocaine and the quantity possessed is 7 grams or more; or 
7.  Cocaine in the form of cocaine base and the quantity possessed is 2 grams or 
more.