An Act To Make Possession of Scheduled Drugs for Personal Use a Civil Penalty
Maine Legislature, Session 130, LD 0967
Committee: Criminal Justice and Public Safety
Sponsors: PERRY, BROOKS, TALBOT ROSS, WARREN, BRENNER
Amends: 17-A MRSA §1106-A, 17-A MRSA §1107-A, 17-A MRSA §1111-B, 17-A MRSA §1126, 17-A MRSA §1902

Legislative Document
No. 967
H.P. 713
House of Representatives, March 9, 2021
An Act To Make Possession of Scheduled Drugs for Personal Use a 
Civil Penalty
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative PERRY of Calais.
Cosponsored by Representatives: BROOKS of Lewiston, TALBOT ROSS of Portland, 
WARREN of Hallowell, Senator: BRENNER of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §1106-A, sub-§2, as amended by PL 2001, c. 383, §125 and 
affected by §156, is repealed.
Sec. 2.  17-A MRSA §1107-A, as amended by PL 2019, c. 12, Pt. B, §§8 and 9, is 
repealed and the following enacted in its place:
§1107-A.  Unlawful possession of scheduled drugs
Unless otherwise specified, possession of a schedule W, X, Y or Z drug is a civil 
violation for which a fine of up to $100 may be adjudged.  If a person in violation of this 
section is unable to pay the fine, as an alternative sentence in place of the fine the court 
may refer the person to a licensed health care provider or drug treatment facility or program 
provider to conduct an evidence-based assessment for proposed treatment appropriate for 
a person with substance use disorder as defined in Title 5, section 20003, subsection 17-A.
Sec. 3.  17-A MRSA §1111-B, as enacted by PL 2019, c. 137, §1 and amended by 
c. 292, §1, is further amended to read:
§1111-B.  Exemption from criminal liability for reporting a drug-related medical 
emergency or administering naloxone
A person who in good faith seeks medical assistance for or administers naloxone 
hydrochloride to another person experiencing a drug-related overdose or who is 
experiencing a drug-related overdose and is in need of medical assistance may not be 
arrested or prosecuted for a violation of section 1107‑A, 1108, 1111 or 1111‑A or a 
violation of probation as authorized by chapter 49 if the grounds for arrest or prosecution 
are obtained as a result of the person's seeking medical assistance, administering naloxone 
hydrochloride or experiencing a drug-related overdose.
Sec. 4.  17-A MRSA §1126, sub-§1, as enacted by PL 2019, c. 113, Pt. B, §17, is 
amended to read:
1.  Fine based on value of scheduled drugs at time of offense.  As authorized by 
section 1706, subsection 3, if the State pleads and proves the value at the time of the 
commission of a crime of a scheduled drug that is the basis for a conviction under section 
1103, 1105‑A, 1105‑B, 1105‑C, 1105‑D, or 1106 or 1107‑A, the convicted person may be 
sentenced to pay a fine in an amount up to the value, as pleaded and proved by the State, 
of that scheduled drug.
Sec. 5.  17-A MRSA §1126, sub-§2, as enacted by PL 2019, c. 113, Pt. B, §17, is 
amended to read:
2.  Mandatory minimum fine barring court finding exceptional circumstances.  In 
addition to any other authorized sentencing alternative specified in section 1502, subsection 
for individuals or section 1502, subsection 7 for organizations, the court shall impose a 
minimum fine of $400, none of which may be suspended, except as provided in subsection 
3, for an individual convicted of a crime under section 1103; 1104; 1105‑A; 1105‑B; 
1105‑C; 1105‑D; 1106; 1107‑A; 1108; 1109; 1110; 1111; 1111‑A, subsection 4‑A; 1116; 
1117; or 1118.
Sec. 6.  17-A MRSA §1902, sub-§5, as enacted by PL 2019, c. 113, Pt. A, §2, is 
repealed.
SUMMARY
This bill changes the unlawful possession of scheduled drugs from a crime to a civil 
violation for which a fine of not more than $100 may be adjudged, or if the defendant is 
unable to pay the fine allows the court to refer the person to a provider for an evidence-
based assessment for proposed treatment for substance use disorder.