Legislative Document No. 1492 H.P. 1094 House of Representatives, April 4, 2019
An Act To Reform Drug Sentencing Laws
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered printed.
ROBERT B. HUNT Clerk
Presented by Representative BEEBE-CENTER of Rockland. Cosponsored by Senator SANBORN, L. of Cumberland and Representatives: BROOKS of Lewiston, GATTINE of Westbrook, MADIGAN of Waterville, MELARAGNO of Auburn, PERRY of Calais, RECKITT of South Portland, Senators: CLAXTON of Androscoggin, WOODSOME of York.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 17-A MRSA §1101, sub-§17, as amended by PL 2015, c. 346, §1, is 3 further amended to read:
4 17. "Traffick": 5 A. To make, create, manufacture; 6 B. To grow or cultivate, except for marijuana; 7 C. To sell, barter, trade, exchange or otherwise furnish for consideration; or 8 D. To possess with the intent to do any act mentioned in paragraph C;. 9 E. To possess 2 grams or more of heroin or 90 or more individual bags, folds, 10 packages, envelopes or containers of any kind containing heroin; or 11 F. To possess 2 grams or more of fentanyl powder or 90 or more individual bags, 12 folds, packages, envelopes or containers of any kind containing fentanyl powder. 13 Sec. 2. 17-A MRSA §1101, sub-§18, as amended by PL 2015, c. 496, §§1 and 2, 14 is further amended to read:
15 18. "Furnish": 16 A. To furnish, give, dispense, administer, prescribe, deliver or otherwise transfer to 17 another; or 18 B. To possess with the intent to do any act mentioned in paragraph A;. 19 C. To possess more than 200 milligrams but less than 2 grams of heroin or at least 45 20 but fewer than 90 individual bags, folds, packages, envelopes or containers of any 21 kind containing heroin; or 22 D. To possess more than 200 milligrams but less than 2 grams of fentanyl powder or 23 at least 45 but fewer than 90 individual bags, folds, packages, envelopes or containers 24 of any kind containing fentanyl powder. 25 Sec. 3. 17-A MRSA §1101, sub-§24, as amended by PL 2017, c. 274, §1, is 26 further amended to read:
27 24. "Fentanyl powder" means any compound, mixture or preparation, in granular or 28 powder form, containing fentanyl or any derivative of fentanyl listed in section 1102, 29 subsection 1, paragraph I in any quantity.
30 Sec. 4. 17-A MRSA §1101, sub-§25, ¶B, as enacted by PL 2017, c. 432, Pt. E, 31 §1, is amended to read: 32 B. A mixture or preparation that contains any quantity of any of the following 33 substances: 34 (1) Cocaine, its salts, optical and geometric isomers and salts of isomers; 35 (2) Ecgonine, its derivatives, their salts, isomers and salts of isomers; or
Page 1 - 129LR1355(01)-1 1 (3) Cocaine base, which is the alkaloid form of cocaine. 2 Sec. 5. 17-A MRSA §1101, sub-§26, as enacted by PL 2017, c. 432, Pt. E, §1, is 3 amended to read:
4 26. Heroin. "Heroin" means any compound, mixture or preparation containing 5 heroin (diacetylmorphine) in any quantity.
6 Sec. 6. 17-A MRSA §1103, sub-§3, as amended by PL 2015, c. 346, §4, is 7 repealed.
8 Sec. 7. 17-A MRSA §1105-A, sub-§1, ¶B, as amended by PL 2007, c. 476, §39, 9 is further amended to read: 10 B. At the time of the offense, the person has one or more prior convictions for any 11 Class A, or B or C offense under this chapter or for engaging in substantially similar 12 conduct to that of the Class A, or B or C offenses under this chapter in another 13 jurisdiction and the drug is: 14 (1) A schedule W drug. Violation of this subparagraph is a Class A crime; 15 (2) Marijuana in a quantity of 20 pounds or more. Violation of this 16 subparagraph is a Class A crime; 17 (3) A schedule X drug. Violation of this subparagraph is a Class B crime; 18 (4) Marijuana in a quantity of more than one pound. Violation of this 19 subparagraph is a Class B crime; 20 (5) A schedule Y drug. Violation of this subparagraph is a Class C crime; or 21 (6) A schedule Z drug. Violation of this subparagraph is a Class C crime. 22 Section 9-A governs the use of prior convictions when determining a sentence, except 23 that, for the purposes of this paragraph, the date of each prior conviction may precede 24 the commission of the offense being enhanced by more than 10 years; 25 Sec. 8. 17-A MRSA §1106, sub-§3, as amended by PL 2015, c. 496, §§3-5, is 26 repealed.
27 Sec. 9. 17-A MRSA §1106-A, sub-§2, as amended by PL 2001, c. 383, §125 and 28 affected by §156, is repealed.
29 Sec. 10. 17-A MRSA §1107-A, sub-§1, ¶A, as amended by PL 2015, c. 308, §1, 30 is repealed.
31 Sec. 11. 17-A MRSA §1107-A, sub-§1, ¶B, as repealed and replaced by PL 32 2015, c. 496, §6, is amended to read: 33 B. Except as provided in paragraph B-1, a A schedule W drug and the drug contains: 34 (1) Heroin (diacetylmorphine) and the amount possessed is more than 200 35 milligrams 3.5 grams;
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