This bill amends the provisions of the Maine Criminal Code regarding drugs by adding:
1. To the definition of "traffick" possessing 2 grams or more of heroin or 90 or more individual bags, folded foil or other material, packages, envelopes or containers of any kind containing heroin and possessing 2 grams or more of fentanyl powder or 90 or more individual bags, folded foil or other material, packages, envelopes or containers of any kind containing fentanyl powder;
2. To the definition of "furnish" possessing more than 200 milligrams but less than 2 grams of heroin or at least 45 but fewer than 90 individual bags, folded foil or other material, packages, envelopes or containers of any kind containing heroin and possessing more than 200 milligrams but less than 2 grams of fentanyl powder or at least 45 but fewer than 90 individual bags, folded foil or other material, packages, envelopes or containers of any kind containing fentanyl powder;
3. The possession of 4 grams or more of cocaine in the form of cocaine base to the law that allows a court to infer under the Maine Rules of Evidence, Rule 303, that a person is unlawfully trafficking in scheduled drugs;
4. To the crime of aggravated trafficking in a scheduled drug the trafficking of cocaine in the form of cocaine base in a quantity of 32 grams or more;
5. To the crime of aggravated furnishing of a scheduled drug the furnishing of cocaine in the form of cocaine base in a quantity of 32 grams or more; and
6. The possession of 2 grams or more of cocaine base to the law that allows a court to infer under the Maine Rules of Evidence, Rule 303, that a person is unlawfully furnishing scheduled drugs. The bill also removes heroin and fentanyl powder from the provisions in the laws governing unlawful trafficking and unlawful furnishing regarding the permissible inference under the Maine Rules of Evidence, Rule 303.

Statutes affected:
Bill Text LD 1288, SP 517: 17-A.1101, 17-A.1103, 17-A.1105, 17-A.1106