An Act To Amend Certain Provisions of Maine's Drug Laws
Maine Legislature, Session 130, LD 1675
Committee: Criminal Justice and Public Safety
Sponsors: TALBOT ROSS, HICKMAN, CARDONE, O'NEIL, PLUECKER, SHEEHAN, WARREN, WILLIAMS, CLAXTON
Amends: 17-A MRSA §1101, 17-A MRSA §1103, 17-A MRSA §1105-A, 17-A MRSA §1105-C

Legislative Document
No. 1675
H.P. 1246
House of Representatives, May 5, 2021
An Act To Amend Certain Provisions of Maine's Drug Laws
Received by the Clerk of the House on May 3, 2021.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative TALBOT ROSS of Portland.
Cosponsored by Senator HICKMAN of Kennebec and
Representatives: CARDONE of Bangor, O'NEIL of Saco, PLUECKER of Warren, SHEEHAN 
of Biddeford, WARREN of Hallowell, WILLIAMS of Bar Harbor, Senator: CLAXTON of 
Androscoggin.
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 2015, c. 346, §1, 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; or
D.  To possess with the intent to do any act mentioned in paragraph C;.
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 powder or 90 or more individual bags, folds, 
packages, envelopes or containers of any kind containing fentanyl powder.
Sec. 2.  17-A MRSA §1101, sub-§18, as amended by PL 2015, c. 496, §§1 and 2, 
is further amended to read:
18.  "Furnish":
A.  To furnish, give, dispense, administer, prescribe, deliver or otherwise transfer to 
another; or
B.  To possess with the intent to do any act mentioned in paragraph A;.
C.  To possess 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
D.  To possess 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 §1103, sub-§3, ¶B, as amended by PL 1999, c. 790, Pt. A, 
§19, is further amended to read:
B.  Fourteen grams or more of cocaine or 4 grams or more of cocaine in the form of 
cocaine base;
Sec. 4.  17-A MRSA §1105-A, sub-§1, ¶D, as enacted by PL 2001, c. 383, §119 
and affected by §156, is amended to read:
D.  At the time of the offense, the person trafficks in cocaine in a quantity of 112 grams 
or more or cocaine in the form of cocaine base in a quantity of 32 grams or more.  
Violation of this paragraph is a Class A crime;
Sec. 5.  17-A MRSA §1105-C, sub-§1, ¶D, as enacted by PL 2001, c. 383, §119 
and affected by §156, is amended to read:
D.  At the time of the offense, the person furnishes cocaine in a quantity of 112 grams 
or more or cocaine in the form of cocaine base in a quantity of 32 grams or more.  
Violation of this paragraph is a Class B crime;
SUMMARY
This bill removes from the definitions of "traffick" and "furnish" the specific weights 
and amounts of certain drugs that a person possesses.  This bill removes references to 
cocaine base in provisions governing permissible inference of drug trafficking, aggravated 
drug trafficking and aggravated drug furnishing.