Sec. 1. 17-A MRSA §1107, as amended by PL 1995, c. 635, §6, is further amended to read:

§1107. Unlawful possession of scheduled drugs

1. A person is guilty of unlawful possession of a scheduled drug if that person intentionally or knowingly possesses what that person knows or believes to be a scheduled drug, and which that is, in fact, a scheduled drug, unless the conduct which that constitutes such possession is either:

A. Expressly authorized by Title 22 or Title 32; or

B. Expressly made a civil violation by Title 22.

2. Violation of this section is:

A. A Class C crime if the drug is:

(1) Heroin (diacetylmorphine); or

(2) Cocaine in the form of cocaine base and at the time of the offense the person has been convicted of any offense under this chapter or under any law of the United States, another state or a foreign country relating to scheduled drugs, as defined in this chapter. For the purposes of this paragraph, a person has been convicted of an offense on the date the judgment of conviction was entered by the court;

B. A Class D crime if the drug is:

(1) A schedule W drug other than:

(a) Heroin (diacetylmorphine); or

(b) Cocaine in the form of cocaine base and the person has a prior scheduled drug conviction within the meaning of paragraph A, subparagraph (2) of this section; or

(2) A schedule X drug;

C. A Class E crime if the drug is a schedule Y or Z drug; or

D. A Class B crime if the drug is cocaine and the quantity possessed is more than 14 grams or cocaine in the form of cocaine base and the quantity possessed is more than 4 grams.