An Act Regarding Motor Vehicle Operation and Drug Use
Maine Legislature, Session 129, LD 0637
Committee: Criminal Justice and Public Safety
Sponsors: CYRWAY, RYKERSON, CLAXTON, FARRIN, TIMBERLAKE, ARATA, BRADSTREET, JOHANSEN, PICKETT, STROM
Amends: 5 MRSA §20071, 29-A MRSA §2112-B, 29-A MRSA §2401, 29-A MRSA §2432, 29-A MRSA §2472, 29-A MRSA §2503

Legislative Document
No. 637
S.P. 199
In Senate, February 7, 2019
An Act Regarding Motor Vehicle Operation and Drug Use
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CYRWAY of Kennebec.
Cosponsored by Representative RYKERSON of Kittery and
Senators: CLAXTON of Androscoggin, FARRIN of Somerset, TIMBERLAKE of 
Androscoggin, Representatives: ARATA of New Gloucester, BRADSTREET of Vassalboro, 
JOHANSEN of Monticello, PICKETT of Dixfield, STROM of Pittsfield.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §20071, sub-§1, as amended by PL 1999, c. 448, §1, is further 
amended to read:
1.  Alcohol-related or other drug-related motor vehicle incident.  "Alcohol-related 
or other drug-related motor vehicle incident" means a conviction or administrative action 
resulting in the suspension of a motor vehicle operator's license for a violation under 
former Title 29, section 1311-A; Title 29, section 1312, subsection 10-A; Title 29, section 
1312-C; Title 29, section 1312-B; Title 29, section 1313-B; Title 29, section 2241, 
subsection 1, paragraph N; Title 29, section 2241-G, subsection 2, paragraph B, 
subparagraph (2); Title 29, section 2241-J; Title 29-A, section 1253; Title 29-A, section 
2411; Title 29-A, section 2453; Title 29-A, section 2454, subsection 2; Title 29-A, 
section 2456; Title 29-A, section 2457; Title 29-A, section 2472, subsection 3, paragraph 
B, C or D and subsection 4; Title 29-A, section 2503; Title 29-A, sections 2521 to 2523; 
or Title 29-A, section 2525 or the rules adopted by the Department of the Secretary of 
State for the suspension of commercial drivers' licenses.
Sec. 2.  29-A MRSA §2112-B is enacted to read:
§2112-B.  Open container; using marijuana in a vehicle prohibited 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Open container" means a receptacle that contains any amount of marijuana or 
consumable products made from marijuana and has a broken seal or a receptacle from 
which the contents have been partially removed.
B.  "Passenger area" means the area designed to seat the operator and passengers 
while a vehicle is in operation and any area readily accessible to the operator or a 
passenger, including, but not limited to, the glove compartment, while the operator 
and passengers are in their seated positions.
C.  "Public way" means a way, including a right-of-way, owned and maintained by 
the State, a county or a municipality over which the general public has a right to pass.
2.  Violation.  The operator of a vehicle on a public way commits a traffic infraction 
if the operator or a passenger in the passenger area of the vehicle:
A.  Consumes marijuana or a marijuana product;
B.  Possesses an open container; or
C.  Possesses marijuana or a marijuana product that has been placed in a container 
labeled by the manufacturer of the container as containing a nonmarijuana substance.
3.  Exceptions.  An operator of a vehicle is not in violation of this section if:
A.  The operator or a passenger possesses an open container in a vehicle not equipped 
with a trunk if the open container is located behind the last upright seat of the vehicle 
or in an area not normally occupied by the operator or passenger; or
B.  A passenger possesses an open container or a passenger consumes marijuana or a 
marijuana product in the living quarters of a motor home, trailer, semitrailer or truck 
camper.
Sec. 3.  29-A MRSA §2401, sub-§12-A is enacted to read:
12-A.  THC level.  "THC level" means the amount, in nanograms, of delta-9-
tetrahydrocannabinol contained in a milliliter of whole blood.
Sec. 4.  29-A MRSA §2432, as amended by PL 2013, c. 459, §4, is further 
amended to read:
§2432.  Alcohol level; confirmed positive drug or metabolite test results; evidentiary 
weight
1.  Level less than 0.05 grams.  If Except as provided in subsection 1-A, if a person 
has an alcohol level of 0.05 grams or less of alcohol per 100 milliliters of blood or 210 
liters of breath, it is prima facie evidence that that person is not under the influence of 
alcohol.
1-A.  Level less than 0.05 grams with confirmed presence of drug or drug 
metabolite.  If a person has an alcohol level of 0.05 grams or less of alcohol per 100 
milliliters of blood or 210 liters of breath and has a trace amount of any drug or the 
metabolite of any drug within the person's blood or urine in accordance with the drug 
reporting rules, standards, procedures and protocols adopted by the Department of Health 
and Human Services, it is admissible evidence, but not prima facie, indicating whether 
that person is under the influence of intoxicants, to be considered with other competent 
evidence.
2.  Level greater than 0.05 grams and less than 0.08 grams.  If Except as provided 
in subsection 2-A, if a person has an alcohol level in excess of 0.05 grams of alcohol but 
less than 0.08 grams of alcohol per 100 milliliters of blood or 210 liters of breath, it is 
admissible evidence, but not prima facie, indicating whether or not that person is under 
the influence of intoxicants, to be considered with other competent evidence, including 
evidence of a confirmed positive drug or metabolite test result.
2-A.  Level greater than 0.05 grams and less than 0.08 grams with confirmed 
presence of drug or drug metabolite.  Proof that a person has an alcohol level in excess 
of 0.05 grams of alcohol but less than 0.08 grams of alcohol per 100 milliliters of blood 
or 210 liters of breath and has a trace amount of any drug or the metabolite of any drug 
within the person's blood or urine in accordance with the drug reporting rules, standards, 
procedures and protocols adopted by the Department of Health and Human Services gives 
rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the 
person is under the influence of intoxicants.
3.  Level of 0.08 grams or greater.  In proceedings other than under section 2411, a 
person is presumed to be under the influence of intoxicants if that person has an alcohol 
level of 0.08 grams or more of alcohol per 100 milliliters of blood or 210 liters of breath.
4.  Confirmed presence of drug or drug metabolite.  If Except as provided in 
subsection 1-A or 2-A, if a person has a trace amount of any drug or the metabolites 
metabolite of any drug within the person's blood or urine in accordance with the drug 
reporting rules, standards, procedures and protocols adopted by the Department of Health 
and Human Services, it is admissible evidence, but not prima facie, indicating whether 
that person is under the influence of intoxicants, to be considered with other competent 
evidence, including evidence of alcohol level.
Sec. 5.  29-A MRSA §2472, as amended by PL 2017, c. 229, §36, is further 
amended to read:
§2472.  Juvenile provisional license
1.  Licensee not yet 21 years of age.  A license issued to a person who has not yet 
attained the age of 21 years is a provisional license for a period of 2 years following the 
date of issue or until the holder attains 21 years of age, whichever occurs last.  That 
license remains in force as a nonprovisional license to the next normal expiration date.  A 
license issued by another jurisdiction to a person who has not yet attained the age of 21 
years is a provisional license for the purpose of operating a motor vehicle within this 
State.
A license of a person who has not yet attained 21 years of age includes the condition that 
the person not operate a motor vehicle with an alcohol level of more than 0.00 grams per 
milliliters of blood or 210 liters of breath.  When a person who has not yet attained 
years of age operates a motor vehicle with an alcohol level of more than 0.00 grams 
per 100 milliliters of blood or 210 liters of breath, the provisions of section 1251, 
subsection 1, paragraph B apply.
A license of a person who has not yet attained 21 years of age includes the condition that 
the person not operate a motor vehicle with a THC level of more than 0.00 nanograms.  
When a person who has not yet attained 21 years of age operates a motor vehicle with a 
THC level of more than 0.00 nanograms, the provisions of section 1251, subsection 1, 
paragraph B apply.
2.  Suspension terms for moving violations.  If a person who has not yet attained 
the age of 21 years is convicted or adjudicated of a moving motor vehicle violation that 
occurred within 2 years from the date of issue of a juvenile provisional license, the 
Secretary of State shall suspend the license:
A.  For 30 days on the 1st offense;
B.  For 180 days on the 2nd offense; and
C.  For one year on the 3rd or subsequent offense.
If requested, the Secretary of State shall provide an opportunity for hearing on the 
suspension as soon as practicable. After hearing, the Secretary of State, for good cause 
shown, may continue, modify or rescind the suspension.  An individual who has not yet 
attained the age of 18 years does not have a right to a hearing.
2-A.  Driver improvement program.  A person whose license is suspended pursuant 
to subsection 2 shall complete a minimum of 4 hours of a driver improvement program 
approved by the Secretary of State before the suspension may be terminated.
2-B.  Reexamination.  The holder of a juvenile provisional license convicted of an 
offense listed in section 2551-A, subsection 1, paragraph A, as limited by section 2551-A, 
subsection 3, must successfully complete an examination as prescribed by the Secretary 
of State within 90 days after that license is restored.  Failure to successfully complete the 
examination results in a subsequent suspension.
3.  Suspension for OUI conviction, certain alcohol or THC level or operating 
under the influence of drugs.  The Secretary of State shall suspend, without preliminary 
hearing, a juvenile provisional license of a person who:
A.  Receives an OUI conviction; 
B.  Operates a motor vehicle with an alcohol level of more than 0.00 grams per 100 
milliliters of blood or 210 liters of breath; or
C.  Operates a motor vehicle under the influence of drugs.; or
D.  Operates a motor vehicle with a THC level of more than 0.00 nanograms.
3-A.  Juvenile provisional license; suspension for OUI conviction or certain 
alcohol or THC level.  Unless a longer period of suspension applies, the Secretary of 
State shall suspend, without a preliminary hearing, a juvenile provisional license pursuant 
to subsection 3 for the following periods:
A.    One year for a first offense; and
B.    Two years for a 2nd offense.
If the Secretary of State determines that the person operated the motor vehicle at the time 
of the offense with a passenger under 21 years of age, an additional suspension period of 
days must be imposed.
4.  Duty to submit to test.  A person under 21 years of age who operates a motor 
vehicle shall submit to a chemical test if there is probable cause to believe that person has 
operated a motor vehicle with an alcohol level of more than 0.00 grams per 100 milliliters 
of blood or 210 liters of breath or with a THC level of more than 0.00 nanograms or 
while under the influence of a specific category of drug, a combination of specific 
categories of drugs or a combination of alcohol and one or more specific categories of 
drugs.  The provisions of subchapter 4 apply, except the suspension is:
A.  Eighteen months for the first refusal; and
B.  Thirty months for a 2nd or subsequent refusal.
If the Secretary of State determines that the person operated the motor vehicle at the time 
of the offense with a passenger under 21 years of age, an additional suspension period of 
days must be imposed.
5.  Hearing; stay; issues.  If a hearing is requested in accordance with section 2483, 
the suspension under subsection 3, paragraph B or, C or D is stayed pending the outcome 
of the hearing.  The scope of a hearing must include whether:
A.  There was probable cause to believe that the person was under 21 years of age 
and operated a motor vehicle with an alcohol level of more than 0.00 grams per 100 
milliliters of blood or 210 liters of breath or with a THC level of more than 0.00 
nanograms or while under the influence of a specific category of drug, a combination 
of specific categories of drugs or a combination of alcohol and one or more specific 
categories of drugs;
B.  The person operated a motor vehicle with an alcohol level of more than 0.00 
grams per 100 milliliters of blood or 210 liters of breath or with a THC level of more 
than 0.00 nanograms or with a confirmed positive blood or urine test for a drug or its 
metabolite and was under the influence of the confirmed drug; and
C.  The person was under 21 years of age.
6.  Restoration of license.  If a person's license has been suspended under subsection 
for a first offense, the Secretary of State may issue a license if:
A.  One half of the suspension period has expired; and
B.  The Secretary of State has received notice that the person has completed the 
alcohol and other drug program of the Department of Health and Human Services.
A 2nd or subsequent offender may be issued a license following the completion of the 
period of suspension if the Secretary of State has received notice that the person has 
completed the alcohol and other drug program of the Department of Health and Human 
Services.
7.  Reinstatement fee for suspensions for major offenses.  Before a suspension 
issued to the holder of a license issued pursuant to this section resulting from a conviction 
or adjudication listed in section 2551-A, subsection 1, paragraph A, as limited by section 
2551-A, subsection 3, is terminated and a license reinstated, a fee of $200 must be paid to 
the Secretary of State and the holder must complete any community service imposed by a 
court, up to 60 hours.
Sec. 6.  29-A MRSA §2503, sub-§1, as amended by PL 2011, c. 335, §12, is 
further amended to read:
1.  Administrative suspension; work-restricted license.  On receipt of a petition for 
a work-restricted license from a person under suspension pursuant to section 2453, 
section 2453-A or section 2472, subsection 3, paragraph B or, C or D for a first offense, 
the Secretary of State may stay a suspension during the statutory suspension period and 
issue a work-restricted license, if the petitioner shows by clear and convincing evidence 
that:
A.  As determined by the Secretary of State, a license is necessary to operate a motor 
vehicle:
 (1)  Between the residence and a place of employment or in the scope of 
employment, or both; or
 (2)  Between the residence and an educational facility attended by the petitioner 
if the suspension is under section 2472, subsection 3, paragraph B or, C or D for 
a first offense;
B.  No alternative means of transportation is available; and
C.  The petitioner has not, within 10 years, been under suspension for an OUI offense 
or pursuant to section 2453 or 2453-A.
SUMMARY
This bill does the following:
1.  It allows as admissible evidence indicating whether a person is operating a motor 
vehicle under the influence of intoxicants whether the person has an alcohol level of 0.05 
grams or less of alcohol per 100 milliliters of blood or 210 liters of breath and has a trace 
amount of any drug or the metabolite of any drug within the person's blood or urine;
2.  It establishes a permissible inference of operating under the influence of 
intoxicants when a person operates a motor vehicle and has an alcohol level in excess of 
0.05 grams of alcohol but less than 0.08 grams of alcohol per 100 milliliters of blood or 
liters of breath and has a trace amount of any drug or the metabolite of any drug 
within the person's blood or urine;
3.  It establishes a 0.00 nanogram level for THC for a person under 21 years of age 
who is operating a motor vehicle; and
4.  It creates a new traffic infraction for a person who consumes marijuana or a 
marijuana product in a vehicle, possesses an open container of marijuana or a marijuana 
product in the passenger area of a vehicle or possesses marijuana or a marijuana product 
that has been placed in a container labeled by the manufacturer of the container as 
containing a nonmarijuana substance.