An Act To Strengthen Laws Regarding the Manufacture and Sale of Methamphetamine and Other Drugs
Maine Legislature, Session 127, LD 1246
Committee: Criminal Justice and Public Safety
Sponsors: ROSEN, DAVITT, BURNS, GERZOFSKY, BECK, GOLDEN, HOBBINS, LONG, SAUCIER, THERIAULT
Amends: 17-A MRSA §1101, 17-A MRSA §1103, 17-A MRSA §1105-E, 17-A MRSA §1107-A, 17-A MRSA §1124, 17-A MRSA §1322

Legislative Document 
No. 1246 
S.P. 451 
In Senate, April 7, 2015 
An Act To Strengthen Laws Regarding the Manufacture and Sale of 
Methamphetamine and Other Drugs 
Submitted by the Department of the Attorney General pursuant to Joint Rule 204. 
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: BURNS of Washington, GERZOFSKY of Cumberland, Representatives: BECK of 
Waterville, GOLDEN of Lewiston, HOBBINS of Saco, LONG of Sherman, SAUCIER of 
Presque Isle, THERIAULT of China. 
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; 
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.; or 
F.  To possess 2 grams or more of fentanyl or 90 or more individual bags, folds, 
packages, envelopes or containers of any kind containing fentanyl. 
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; 
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.; or 
D.  To possess at least one gram but less than 2 grams of fentanyl or at least 45 but 
fewer than 90 individual bags, folds, packages, envelopes or containers of any kind 
containing fentanyl. 
Sec. 3.  17-A MRSA §1103, sub-§3, ¶H, as enacted by PL 2001, c. 419, §13, is 
amended to read: 
H.  Thirty Fourteen grams or more of or 30 or more pills, capsules, tablets or units 
containing 3, 4 - methylenedioxymethamphetamine, MDMA, or any other drug listed 
in section 1102, subsection 1, paragraph O or P. 
Sec. 4.  17-A MRSA §1105-E is enacted to read: 
§1105-E.  Aggravated unlawful operation of a clandestine methamphetamine 
laboratory 
1.  A person is guilty of aggravated unlawful operation of a clandestine 
methamphetamine laboratory if the person violates section 1124 and: 
A.  At the time of the offense, the person has one or more prior convictions for any 
Class A, B or C offense under this chapter or for engaging in substantially similar 
conduct to that of the Class A, B or C offenses under this chapter in another 
jurisdiction.  Violation of this paragraph is a Class A crime. 
Section 9-A governs the use of prior convictions when determining a sentence under 
this paragraph, except that, for the purposes of this paragraph, the date of each prior 
conviction may precede the commission of the offense being enhanced by more than 
years; 
B.  At the time of the offense, the person possesses a firearm in the furtherance of the 
offense, uses a firearm, carries a firearm or is armed with a firearm. Violation of this 
paragraph is a Class A crime; 
C.  At the time of the offense, the person is within 1,000 feet of the real property 
comprising a private or public elementary or secondary school or a safe zone as 
defined in section 1101, subsection 23.  Violation of this paragraph is a Class A 
crime; 
D.  At the time of the offense, the person enlists or solicits the aid of or conspires 
with a child who is in fact less than 18 years of age to operate a clandestine 
methamphetamine laboratory.  Violation of this paragraph is a Class A crime; 
E.  Death or serious bodily injury is in fact caused by the clandestine 
methamphetamine laboratory.  Violation of this paragraph is a Class A crime; or 
F.  At the time of the offense, the premises is the residence of a child who is in fact 
less than 18 years of age, the premises is a multi-unit residential building or the 
premises is a room offered to the public for overnight accommodations.  Violation of 
this paragraph is a Class A crime. 
Sec. 5.  17-A MRSA §1107-A, sub-§1, ¶B, 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; 
(3)  Methamphetamine; 
(4)  Oxycodone; 
(5)  Hydrocodone; or 
(6)  Hydromorphone.; 
(7)  Fentanyl; 
(8)  Cocaine and the quantity possessed is 7 grams or more; or 
(9)  Cocaine in the form of cocaine base and the quantity possessed is 2 grams or 
more. 
Violation of this paragraph is a Class C crime; 
Sec. 6.  17-A MRSA §1124 is enacted to read: 
§1124.  Unlawful operation of a clandestine methamphetamine laboratory 
1.  For purposes of this section, unless the context otherwise indicates, the following 
terms have the following meanings: 
A.  "Methamphetamine catalyst" means any substance that has been used, is being 
used or is intended to be used to activate, accelerate, extend or improve a chemical 
reaction involved in the manufacture of methamphetamine. 
B.  "Methamphetamine precursor" means any substance that can be directly or 
indirectly transformed into methamphetamine by means of chemical synthesis, 
including, but not limited to, ephedrine, pseudoephedrine, benzyl methyl ketone, 
phenylacetone, phenylacetic acid, phenyl-2-propanone (P2P) or any salt, isomer or 
salt of isomers of these chemicals. 
C.  "Methamphetamine reagent" means any substance other than a methamphetamine 
catalyst that has been used, is being used or is intended to be used to react with and 
chemically alter any methamphetamine precursor. 
D.  "Methamphetamine solvent" means any substance that has been used, is being 
used or is intended to be used as a medium in which any methamphetamine 
precursor, methamphetamine catalyst, methamphetamine reagent or any substance 
containing any of the foregoing is dissolved, diluted or washed during any part of the 
methamphetamine manufacturing process. 
2.   A person is guilty of unlawful operation of a clandestine methamphetamine 
laboratory if that person intentionally or knowingly produces, prepares, compounds, 
converts or processes any methamphetamine precursor, methamphetamine catalyst, 
methamphetamine reagent or methamphetamine solvent with the intent that 
methamphetamine be produced. 
It is not a defense that the chemical reaction is not complete or that no scheduled drug 
was in fact created. 
Violation of this subsection is a Class B crime. 
3.  If a person uses a motor vehicle to facilitate the unlawful operation of a 
clandestine methamphetamine laboratory, the court may, in addition to other authorized 
penalties, suspend the person's driver's license or permit or privilege to operate a motor 
vehicle or right to apply for or obtain a license for a period not to exceed 5 years.  A 
suspension may not begin until after any period of incarceration is served.  If the court 
suspends a person's driver's license or permit, privilege to operate a motor vehicle or right 
to apply for or obtain a license, the court shall notify the Secretary of State of the 
suspension and the court shall take physical custody of the person's license or permit.  
The Secretary of State may not reinstate the person's driver's license or permit or 
privilege to operate a motor vehicle or right to apply for or obtain a license unless the 
person demonstrates that, after having been released and discharged from any period of 
incarceration that may have been ordered, the person has served the period of suspension 
ordered by the court. 
Sec. 7.  17-A MRSA §1322, sub-§3, ¶C-2, as enacted by PL 1993, c. 305, §1, is 
amended to read: 
C-2.    "Expense of an emergency response" means reasonable costs incurred by a 
public agency in reasonably making an appropriate emergency response to the 
incident, including a response to a suspected unlawful clandestine methamphetamine 
laboratory under section 1124, but only includes those costs directly arising because 
of the response to the particular incident.  Reasonable costs include the costs of 
providing police, firefighting, rescue and emergency medical services at the scene of 
the incident, as well as the compensation for the personnel, including trained 
laboratory personnel, responding to the incident.  "Public agency" means the State or 
any county, municipality, district or public authority located, in whole or in part, 
within this State that provides or may provide laboratory services or police, 
firefighting, ambulance or other emergency services. 
SUMMARY 
This bill strengthens laws regarding the manufacture and sale of methamphetamine 
and other drugs.  It: 
1.  Provides that possession of 2 grams or more of fentanyl or 90 or more individual 
containers containing fentanyl constitutes "trafficking"; 
2.  Provides that possession of at least one gram but less than 2 grams of fentanyl or 
at least 45 but fewer than 90 individual containers of fentanyl constitutes "furnishing"; 
3.  Establishes the crime of aggravated unlawful operation of a clandestine 
methamphetamine laboratory; and 
4.  Prohibits the unlawful possession of a scheduled drug containing fentanyl, 7 
grams or more of cocaine or 2 grams or more of cocaine in the form of cocaine base.