Sec. 1. 17-A MRSA §1107-B is enacted to read:

§1107-B.__Unlawful use of scheduled drugs

1.__Except as provided in subsection 2, a person is guilty of unlawful use of a scheduled drug if the person intentionally or knowingly uses what that person knows or believes to be a scheduled drug, which is in fact a scheduled drug and the drug is:

A.__A schedule W drug.__Violation of this paragraph is a Class D crime;

B.__A schedule X drug.__Violation of this paragraph is a Class D crime;

C.__A schedule Y drug.__Violation of this paragraph is a Class E crime; or

D.__A schedule Z drug.__Violation of this paragraph is a Class E crime.

2.__A person is not guilty of unlawful use of a scheduled drug if the conduct that constitutes the use is expressly:

A.__Authorized by Title 22 or Title 32; or

B.__Made a civil violation by Title 22.

For purposes of this section, "use" means to inhale, ingest, inject, insert or apply.

SUMMARY

Current law prohibits the unauthorized possession or trafficking of scheduled drugs. This bill also prohibits the unauthorized use of scheduled drugs.