An Act to Support Public Health by Protecting Certain Activities Conducted Under Comprehensive Community Drug Checking Initiatives
Maine Legislature, Session 131, LD 1745
Committee: Criminal Justice and Public Safety
Sponsors: LaROCHELLE, CRAFTS, MILLIKEN
Amends: 17-A MRSA §1103, 17-A MRSA §1104, 17-A MRSA §1106, 17-A MRSA §1107-A, 22 MRSA §2383-B

Legislative Document
No. 1745
H.P. 1124
House of Representatives, April 20, 2023
An Act to Support Public Health by Protecting Certain Activities 
Conducted Under Comprehensive Community Drug Checking 
Initiatives
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative LaROCHELLE of Augusta.
Cosponsored by Representatives: CRAFTS of Newcastle, MILLIKEN of Blue Hill.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  17-A MRSA §1103, sub-§1-A, as enacted by PL 2001, c. 383, §115 and 
affected by §156, is amended to read:
1-A.   Except as provided in subsection subsections 1‑B and 8, a person is guilty of 
unlawful trafficking in a scheduled drug if the person intentionally or knowingly trafficks 
in what the person knows or believes to be a scheduled drug, which is in fact a scheduled 
drug, and the drug is:
A.  A schedule W drug.  Violation of this paragraph is a Class B crime;
B.  A schedule X drug.  Violation of this paragraph is a Class C crime;
C.  Marijuana in a quantity of 20 pounds or more.  Violation of this paragraph is a Class 
B crime;
D.  Marijuana and the person grows or cultivates 500 or more plants.  Violation of this 
paragraph is a Class B crime;
E.  Marijuana in a quantity of more than one pound.  Violation of this paragraph is a 
Class C crime;
F.  Marijuana and the person grows or cultivates 100 or more plants.  Violation of this 
paragraph is a Class C crime;
G.  A schedule Y drug.  Violation of this paragraph is a Class D crime; or
H.  A schedule Z drug.  Violation of this paragraph is a Class D crime.
Sec. 2.  17-A MRSA §1103, sub-§8 is enacted to read:
8.   Unlawful trafficking in a scheduled drug does not include the trafficking in a 
residual amount of any scheduled drug that is contained in one or more sample collection 
instruments or drug paraphernalia, as defined in section 1111-A, subsection 1, for the 
purpose of delivering the sample collection instruments or drug paraphernalia to a drug 
checking and analysis program authorized by the Department of Health and Human 
Services.
Sec. 3.  17-A MRSA §1104, sub-§4 is enacted to read:
4.   Unlawful trafficking in or furnishing counterfeit drugs does not include the 
trafficking or furnishing of a residual amount of a substance that is not a scheduled drug 
but is capable of causing death or serious bodily injury when taken or administered in the 
customary or intended manner if the purpose is to deliver the drug to a drug checking and 
analysis program authorized by the Department of Health and Human Services.
Sec. 4.  17-A MRSA §1106, sub-§1-A, as enacted by PL 2001, c. 383, §121 and 
affected by §156, is amended to read:
1-A.   Except as provided in subsection subsections 1‑B and 7, a person is guilty of 
unlawful furnishing of a scheduled drug if the person intentionally or knowingly furnishes 
what the person knows or believes to be a scheduled drug, which is in fact a scheduled 
drug, and the drug is:
A.  A schedule W drug.  Violation of this paragraph is a Class C crime;
B.  A schedule X drug.  Violation of this paragraph is a Class D crime;
C.  A schedule Y drug.  Violation of this paragraph is a Class D crime; or
D.  A schedule Z drug.  Violation of this paragraph is a Class D crime.
Sec. 5.  17-A MRSA §1106, sub-§7 is enacted to read:
7.   Unlawful furnishing of a scheduled drug does not include the furnishing of a 
residual amount of any scheduled drug that is contained in one or more sample collection 
instruments or drug paraphernalia, as defined in section 1111-A, subsection 1, for the 
purpose of delivering the sample collection instruments or drug paraphernalia to a drug 
checking and analysis program authorized by the Department of Health and Human 
Services.
Sec. 6.  17-A MRSA §1107-A, sub-§1, as amended by PL 2015, c. 496, §§6 to 8, 
is further amended to read:
1.   Except as provided in subsection subsections 2 and 6, a person is guilty of unlawful 
possession of a scheduled drug if the person intentionally or knowingly possesses what that 
person knows or believes to be a scheduled drug, which is in fact a scheduled drug, and the 
drug is:
A.  A schedule W drug and at the time of the offense the person had one or more 
convictions for violating this chapter or for engaging in substantially similar conduct 
to that of the Maine offenses under this chapter in another jurisdiction and the drug is:
(1)  Cocaine and the quantity possessed is more than 14 grams;
(2)  Cocaine in the form of cocaine base and the quantity possessed is more than 4 
grams; or
(3)  Methamphetamine and the quantity possessed is more than 14 grams.
Section 9‑A governs the use of prior convictions when determining a sentence, except 
that, for the purposes of this paragraph, the date of a prior conviction may precede the 
commission of the offense by more than 10 years.
Violation of this paragraph is a Class B crime;
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 crime;
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 crime;
C.  A schedule W drug, except as provided in paragraphs A, B and B‑1.  Violation of 
this paragraph is a Class D crime;
D.  A schedule X drug.  Violation of this paragraph is a Class D crime;
E.  A schedule Y drug.  Violation of this paragraph is a Class E crime; or
F.  A schedule Z drug.  Violation of this paragraph is a Class E crime unless the drug 
is marijuana, in which case a violation of this paragraph is:
(1)  For possession of over 2 1/2 ounces to 8 ounces of marijuana, a Class E crime;
(2)  For possession of over 8 ounces to 16 ounces of marijuana, a Class D crime;
(3)  For possession of over one pound to 20 pounds of marijuana, a Class C crime; 
and
(4)  For possession of over 20 pounds of marijuana, a Class B crime.
Sec. 7.  17-A MRSA §1107-A, sub-§6, as enacted by PL 2021, c. 434, §3, is 
amended to read:
6.   Unlawful possession of a scheduled drug does not include possession of a residual 
amount of any scheduled drug that is contained in one or more hypodermic apparatuses.:
A.  Possession of a residual amount of any scheduled drug that is contained in one or 
more hypodermic apparatuses; or
B.  Possession of a residual amount of any scheduled drug that is contained in one or 
more sample collection instruments or drug paraphernalia, as defined in section 
1111-A,  subsection 1, for the purpose of delivering the sample collection instruments 
or drug paraphernalia to a drug checking and analysis program authorized by the 
Department of Health and Human Services.
Sec. 8.  22 MRSA §2383-B, sub-§2, ¶E, as amended by PL 2021, c. 434, §10, is 
further amended to read:
E.  Physicians, dentists, podiatrists, pharmacists or other persons authorized by law or 
rule to administer, dispense, prescribe or sell scheduled or prescription drugs or 
controlled substances while acting within the course of their professional practice; and
Sec. 9.  22 MRSA §2383-B, sub-§2, ¶G, as enacted by PL 2013, c. 266, §10, is 
amended to read:
G.  Persons conducting research at a school of pharmacology that is accredited or is a 
candidate for accreditation in good standing.; and
Sec. 10.  22 MRSA §2383-B, sub-§2, ¶H is enacted to read:
H.  Persons whose possession or transportation of a residual amount of a prescription 
drug, scheduled drug or imitation scheduled drug, as defined in Title 17-A, section 
1101, subsections 10, 11 and 19, respectively, that is contained in one or more sample 
collection instruments or drug paraphernalia, as defined in Title 17-A, section 1111-A, 
subsection 1, is for the purpose of delivering the sample collection instruments or drug 
paraphernalia to a drug checking and analysis program authorized by the department 
or, if possessed by such a drug checking and analysis program, is for the purpose of 
conducting the drug checking and analysis.
SUMMARY
This bill eliminates criminal liability for a person who trafficks, furnishes or possesses 
a residual amount of a prescription drug, scheduled drug or imitation scheduled drug in one 
or more sample collection instruments or drug paraphernalia when that trafficking, 
furnishing or possession is for the purpose of delivering the sample collection instruments 
or drug paraphernalia to a drug checking and analysis program authorized by the 
Department of Health and Human Services or for conducting the drug checking and 
analysis as part of such an authorized program.