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reinstate the person's driver's license, permit, privilege to | | operate a motor vehicle or right to apply for or obtain a license | | unless the person demonstrates that, after having been released and | | discharged from any period of incarceration that may have been | | ordered, the person has served the period of suspension ordered by | | the court. |
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| | | Sec. 5. 17-A MRSA §1117 is enacted to read: |
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| | | §1117.__Marijuana cultivation |
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| | | 1.__A person is guilty of marijuana cultivation if the person | | intentionally or knowingly grows or cultivates marijuana. |
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| | | 2.__Violation of this section is: |
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| | | A.__A Class B crime if the person grows or cultivates 500 or | | more marijuana plants; |
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| | | B.__A Class C crime if the person grows or cultivates 100 or | | more but fewer than 500 marijuana plants; or |
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| | | C.__A Class D crime if the person grows or cultivates fewer | | than 100 marijuana plants. |
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| | | Sec. 6. 17-A MRSA §1252, sub-§5-A, ķA, as enacted by PL 1987, c. 535, | | §7, is amended to read: |
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| | | A. Except as otherwise provided in paragraphs B and C, the | minimum sentence of imprisonment, which shall | suspended, shall be | is Class A, the minimum term of imprisonment shall be | | years; when the sentencing class is Class B, the minimum | term of imprisonment shall be | exception of trafficking or | | marijuana under section 1105, when the sentencing class is | Class C, the minimum term of imprisonment shall be | | year; |
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| | | This bill creates the new crime of marijuana cultivation and | | eliminates the inclusion of growing or cultivating marijuana | | under the crime of trafficking. The penalties for the new crime | | of marijuana cultivation are the same as they had been when | | included under the offense of trafficking. Marijuana cultivation | | is treated the same as trafficking for purposes of aggravation of | | charges under the Maine Revised Statutes, Title 17-A, section |
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