(13)__Paramethoxyamphetamine, PMA; and

(14)__Paramethoxyethylamphetamine, PMEA.

Sec. 5. 17-A MRSA §1102, sub-§2, ¶H, as amended by PL 1989, c. 924, §4, is further amended to read:

H. Unless listed or described in another schedule, any of the following hallucinogenic drugs or their salts, isomers and salts of isomers whenever the existence of such the salts, isomers and salts of isomers is possible within the specific chemical designation:

(1) 3, 4 -- methylenedioxy amphetamine;

(2) 5 -- methoxy -- 3, 4 -- methylenedioxy amphetamine;

(3) 3, 4, 5 -- trimethoxy amphetamine;

(4) 4 -- methyl -- 2, 5 -- dimethoxyamphetamine;

(5) Diethyltryptamine, DET;

(6) Dimethyltryptamine, DMT;

(7) Dipropyltryptamine, DPT; and

(8) 2, - 3 methylenedioxy amphetamine;

(9) 2, 5 -- dimethoxyamphetamine;

(10) 4 -- bromo -- 2, 5 -- dimethoxyamphetamine; and

(11) 4 -- methoxyamphetamine.; and

(12)__Alpha-ethyltryptamine, AET.

Sec. 6. 17-A MRSA §1102, sub-§2, ¶K, as enacted by PL 1977, c. 649, §4, is amended to read:

K. Diethylpropion or its salts.;

Sec. 7. 17-A MRSA §1102, sub-§2, ¶¶L, M and N are enacted to read:

L.__Gamma hydroxybutyrate, GHB, and its salts, isomers and salts of isomers;

M.__Ketamine and its salts, isomers and salts of isomers; and

N.__The following substances, if intended for human ingestion:

(1)__Gamma butyrolactone, GBL, and its salts, isomers and salts of isomers; or

(2)__One, 4-butanediol, BD, and its salts, isomers and salts of isomers.

Sec. 8. 17-A MRSA §1103, sub-§3, ¶D, as amended by PL 1999, c. 422, §2, is further amended to read:

D. Lysergic acid diethylamide in any of the following quantities, states or concentrations:

(1) Any compound, mixture, substance or solution in a liquid state that contains a detectable quantity of lysergic acid diethylamide;

(2) Fifty or more squares, stamps, tablets or units of any compound, mixture or substance containing a detectable quantity of lysergic acid diethylamide; or

(3) Any quantity of any compound, mixture or substance that, in the aggregate, contains 2,500 micrograms or more of lysergic acid diethylamide; or

Sec. 9. 17-A MRSA §1103, sub-§3, ¶E, as enacted by PL 1999, c. 422, §3, is amended to read:

E. Fourteen grams or more of methamphetamine.; or

Sec. 10. 17-A MRSA §1103, sub-§3, ¶F is enacted to read:

F.__Thirty or more pills, capsules, tablets or units containing 3, 4 - methylenedioxymethamphetamine, MDMA, or any other drug listed in section 1102, subsection 1, paragraph O.

Sec. 11. 17-A MRSA §1105, sub-§1, ¶¶H and I, as enacted by PL 1999, c. 531, Pt. I, §5, are amended to read:

H. A person violates section 1103 or 1106 and, at the time of the offense, the person trafficks in or furnishes methamphetamine in a quantity of 100 grams or more; or

I. A person violates section 1103 or 1106 and, at the time of the offense, the person trafficks in or furnishes heroin

in a quantity of 6 grams or more or 270 or more individual bags, folds, packages, envelopes or containers of any kind containing heroin.; or

Sec. 12. 17-A MRSA §1105, sub-§1, ¶J is enacted to read:

J.__A person violates section 1103 or 1106 and, at the time of the offense, the person trafficks in or furnishes a quantity of 300 or more pills, capsules, tablets or units containing 3, 4 - methylenedioxymethamphetamine, MDMA, or any other drug listed in section 1102, subsection 1, paragraph O.

Sec. 13. 17-A MRSA §1106, sub-§3, ¶D, as amended by PL 1999, c. 422, §8, is further amended to read:

D. Lysergic acid diethylamide in any of the following quantities or concentrations:

(1) Not less than 25 squares, stamps, tablets or units of any compound, mixture or substance containing a detectable quantity of lysergic acid diethylamide; or

(2) Any quantity of any compound, mixture or substance that, in the aggregate, contains not less than 1,250 micrograms of lysergic acid diethylamide; or

Sec. 14. 17-A MRSA §1106, sub-§3, ¶E, as enacted by PL 1999, c. 422, §9, is amended to read:

E. Seven grams or more of methamphetamine.; or

Sec. 15. 17-A MRSA §1106, sub-§3, ¶F is enacted to read:

F.__Fifteen or more pills, capsules, tablets or units containing 3, 4 -__methylenedioxymethamphetamine, MDMA, or any other drug listed in section 1102, subsection 1, paragraph O.

SUMMARY

This bill adds the newly popular hallucinogenic "club" or "rave" drug ecstasy, 3, 4 - methylenedioxymethamphetamine, MDMA, and its close chemical relatives for the purposes of criminal enforcement: 4 - bromo - 2, 5 - dimethoxyphenethylamine, NEXUS; 3, 4 - methylenedioxy-N-ethylamphetamine, MDE; paramethoxymethamphetamine, PMMA; paramethoxyamphetamine, PMA; and paramethoxyethylamphetamine, PMEA to the list of schedule W

drugs. None of these drugs have been previously scheduled in the State, but all are schedule I drugs under the federal Controlled Substances Act. The bill also moves other close chemical relatives of MDMA, which have been listed as schedule X drugs under state law since 1989, to schedule W, whereby increasing potential penalties for trafficking or furnishing the drugs. The bill adds 3 other newly popular drugs to the list of schedule X drugs: gamma hydroxybutyrate, GHB; Ketamine; and alpha- ethyltryptamine, AET. The bill also sets the number of pills containing MDMA and related drugs that results in a permissible inference at trial of intent to furnish and traffick. The bill also creates a charge of aggravated trafficking and furnishing MDMA and similar drugs based on trafficking or furnishing 300 or more pills. This bill results in possession of MDMA, GHB or Ketamine being a Class D misdemeanor offense. Trafficking in MDMA is a Class B felony offense. Trafficking in GHB or Ketamine is a Class C felony offense. Aggravated furnishing MDMA is a Class B felony offense with a mandatory minimum 2-year sentence. Aggravated trafficking in MDMA is a Class A felony with a mandatory minimum 4-year sentence.