130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
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.
Printed on recycled paper
1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 17-A MRSA §1106-A, sub-§2, as amended by PL 2001, c. 383, §125 and
3 affected by §156, is repealed.
4 Sec. 2. 17-A MRSA §1107-A, as amended by PL 2019, c. 12, Pt. B, §§8 and 9, is
5 repealed and the following enacted in its place:
6 §1107-A. Unlawful possession of scheduled drugs
7 Unless otherwise specified, possession of a schedule W, X, Y or Z drug is a civil
8 violation for which a fine of up to $100 may be adjudged. If a person in violation of this
9 section is unable to pay the fine, as an alternative sentence in place of the fine the court
10 may refer the person to a licensed health care provider or drug treatment facility or program
11 provider to conduct an evidence-based assessment for proposed treatment appropriate for
12 a person with substance use disorder as defined in Title 5, section 20003, subsection 17-A.
13 Sec. 3. 17-A MRSA §1111-B, as enacted by PL 2019, c. 137, §1 and amended by
14 c. 292, §1, is further amended to read:
15 §1111-B. Exemption from criminal liability for reporting a drug-related medical
16 emergency or administering naloxone
17 A person who in good faith seeks medical assistance for or administers naloxone
18 hydrochloride to another person experiencing a drug-related overdose or who is
19 experiencing a drug-related overdose and is in need of medical assistance may not be
20 arrested or prosecuted for a violation of section 1107‑A, 1108, 1111 or 1111‑A or a
21 violation of probation as authorized by chapter 49 if the grounds for arrest or prosecution
22 are obtained as a result of the person's seeking medical assistance, administering naloxone
23 hydrochloride or experiencing a drug-related overdose.
24 Sec. 4. 17-A MRSA §1126, sub-§1, as enacted by PL 2019, c. 113, Pt. B, §17, is
25 amended to read:
26 1. Fine based on value of scheduled drugs at time of offense. As authorized by
27 section 1706, subsection 3, if the State pleads and proves the value at the time of the
28 commission of a crime of a scheduled drug that is the basis for a conviction under section
29 1103, 1105‑A, 1105‑B, 1105‑C, 1105‑D, or 1106 or 1107‑A, the convicted person may be
30 sentenced to pay a fine in an amount up to the value, as pleaded and proved by the State,
31 of that scheduled drug.
32 Sec. 5. 17-A MRSA §1126, sub-§2, as enacted by PL 2019, c. 113, Pt. B, §17, is
33 amended to read:
34 2. Mandatory minimum fine barring court finding exceptional circumstances. In
35 addition to any other authorized sentencing alternative specified in section 1502, subsection
36 2 for individuals or section 1502, subsection 7 for organizations, the court shall impose a
37 minimum fine of $400, none of which may be suspended, except as provided in subsection
38 3, for an individual convicted of a crime under section 1103; 1104; 1105‑A; 1105‑B;
39 1105‑C; 1105‑D; 1106; 1107‑A; 1108; 1109; 1110; 1111; 1111‑A, subsection 4‑A; 1116;
40 1117; or 1118.
41 Sec. 6. 17-A MRSA §1902, sub-§5, as enacted by PL 2019, c. 113, Pt. A, §2, is
42 repealed.
Page 1 - 130LR0933(01)
1 SUMMARY
2 This bill changes the unlawful possession of scheduled drugs from a crime to a civil
3 violation for which a fine of not more than $100 may be adjudged, or if the defendant is
4 unable to pay the fine allows the court to refer the person to a provider for an evidence-
5 based assessment for proposed treatment for substance use disorder.
Page 2 - 130LR0933(01)
Statutes affected: Bill Text LD 967, HP 713: 17-A.1106, 17-A.1107, 17-A.1111, 17-A.1126, 17-A.1902