An Act To Resolve Inconsistencies in the Drug Laws
Maine Legislature, Session 127, LD 1554
Committee Amendment CA_B-HA_A_H664 (House)
Amends: 17-A MRSA §1101, 17-A MRSA §1106, 17-A MRSA §1107-A, 17-A MRSA §1348-A

HOUSE AMENDMENT "fr" to COMMITTEE AMENDMENT "B" to S.P. 609, 
L.D. 1554, Bill, "An Act To Resolve Inconsistencies in the Drug Laws" 
Amend the amendment by striking out all of section 1 and inserting the following: 
'Sec. 1. 17-A MRSA §1101, sub-§18, ,re, as amended by PL 2015, c. 346, §2, is 
further amended to read: 
C. To possess at least eae gram: more than 200 milligrams 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 
Sec. 2. 17-A MRSA §1101, sub-§18, ,ro, as enacted by PL 2015, c. 346, §2, is 
amended to read: 
D. To possess at least eae gram more than 200 milligrams but less than 2 grams of 
fentanyl powder or at least 45 but fewer than 90 individual bags, folds, packages, 
envelopes or containers of any kind containing fentanyl powder. 
Sec. 3. 17-A MRSA §1106, sub-§3, ~' as amended by PL 1999, c. 531, Pt. I, 
§6, is further amended to read: 
B. ~ 
More than 2 grams er mere of cocaine or 2 grams or more of cocaine in the 
form of cocaine base; 
Sec. 4. 17-A MRSA §1106, sub-§3, ,rE, as amended by PL 2001, c. 419, §17, is 
further amended to read: 
E. Sevea grams er mere More than 200 milligrams of methamphetamine; 
Sec. 5. 17-A MRSA §1106, sub-§3, ,r,rF and G, as enacted by PL 2001, c. 419, 
§ 18, are amended to read: 
F. Ferty frt'e er more Any quantity of pills, capsules, tablets, vials, ampules, syringes 
or units containing any narcotic drug other than heroin that, in the aggregate, contains 
more than 200 milligrams of the narcotic drug; 
G. Any quantity of pills, capsules, tablets, units, compounds, mixtures or substances 
that, in the aggregate, contains aot less thaa 400 more than 200 milligrams of 
oxycodone or aet less thaa 50 more than 200 milligrams of hydromorphone; or 
HOUSE AMENDMENT 
HOUSE AMENDMENT "it' to COMMITTEE AMEND:\1ENT "B" to S.P. 609, L.D. 1554 
Sec. 6. 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and c. 346, §6, is repealed and the following enacted in its place: 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. Except as provided in paragraph B-1, a schedule W drug and the drug contains: 
(1) 
Heroin (diacetylmorphine) and the amount possessed is more than 200 
milligrams; 
(2) Cocaine and the amount possessed is more than 2 grams; 
(3) Cocaine in the form of cocaine base and the amount possessed is more than 2 
grams; 
(4) Oxycodone and the amount possessed is more than 200 milligrams; 
(5) Hydrocodone and the amount possessed is more than 200 milligrams; 
(6) Hydromorphone and the amount possessed is more than 200 milligrams; 
(7) Methamphetamine and the amount possessed is more than 200 milligrams; or 
(8) Fentanyl powder and the amount possessed is more than 200 milligrams. 
Violation of this paragraph is a Class C crimQ;. 
Sec. 7. 17-A MRSA §1107-A, sub-§1, ,rB-1 is enacted to read: 
B-1. A schedule W drug and that drug contains any of the following and at the time 
of the offense the person had one or more convictions for violating section 1103, 
1105-A, 1105-C, 1105-E, 1106 or section 1124 or for engaging in substantially 
similar conduct in another jurisdiction: 
(1) Heroin (diacetylmorphine); 
(2) Cocaine; 
(3) Cocaine in the form of cocaine base; 
(4) Oxycodone; 
(5) Hydrocodone; 
( 6) Hydromorphone; 
(7) Methamphetamine; or 
(8) Fentanyl powder. 
Violation of this paragraph is a Class C crim~ 
Sec. 8. 17-A MRSA §1107-A, sub-§1, ,re, 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 aoo~ B and B-1. 
Violation of this paragraph is a Class D crime; 
HOUSE AMENDMENT 
HOUSE AMENDMENT"/}'· to COMMITTEE AMENDMENT "B" to S.P. 609, L.D. 1554 
Sec. 9. 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 fJ.j .(1) to (6); subsection 1, paragraph B-1, subparagraphs (4) 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. 10. 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, paragraphs B and B-1.' 
SUMMARY 
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 2 and chapter 346, section 6. The amendment resolves the 
conflicts. 
Under this amendment, as long as a person does not have one or more prior 
convictions for furnishing or trafficking scheduled drugs or operation of a 
methamphetamine laboratory, possession of the following is a Class D crime: 
1. Heroin in the amount of 200 milligrams or less; 
2. Cocaine in the amount of 2 grams or less; 
3. Cocaine in the form of cocaine base in the amount 2 grams or less; 
4. Oxycodone in the amount of 200 milligrams or less; 
5. Hydrocodone in the amount of 200 milligrams or less; 
6. Hydromorphone in the amount of 200 milligrams or less; 
7. Methamphetamine in the amount of 200 milligrams or less; or 
8. Fentanyl powder in the amount of 200 milligrams or less. 
For a person who has one or more convictions for violating the laws governing 
furnishing or trafficking scheduled drugs or operating a methamphetamine laboratory, 
possession of the above-listed scheduled drugs is a Class C crime. 
HOUSE AMENDMENT 
HOUSE AMENDMENT·/}<· to COMMITTEE AMENDMENT "B" to S.P. 609, L.D. 1554 
This amendment also amends the law on affirmative defenses to charges of 
possession of schedule W prescription drugs to reflect the changes made by this Act 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-Al, section 1107-A, subsection 1, paragraphs B and B-1. 
SPONSOREDBY: r',...." · ~ 
(Representative DIO'N) 
TOWN: Portland 
HOUSE AMENDMENT