Sec. 3. 17-A MRSA §1105-B, sub-§1, ¶B, as enacted by PL 2001, c. 383, §119 and affected by §156, is amended to read:

B. At the time of the offense, the person has been convicted of any offense under this chapter punishable by a term of imprisonment of more than one year or under any law of the United States, of another state or of a foreign country relating to scheduled drugs or counterfeit drugs, as defined in this chapter, and punishable by a term of imprisonment of more than one year. Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this paragraph, the date of each prior conviction may precede the commission of the offense being enhanced by more than 10 years; or

Sec. 4. 17-A MRSA §1105-B, sub-§1, ¶C, as repealed and replaced by PL 2001, c. 667, Pt. D, §26 and affected by §36, is amended to read:

C. At the time of the offense, the person possesses a firearm in the furtherance of the offense, uses a firearm, carries a firearm or is armed with a firearm.; or

Sec. 5. 17-A MRSA §1105-B, sub-§1, ¶D is enacted to read:

D.__Death or serious bodily injury is in fact caused by the use of that counterfeit drug.

Sec. 6. 17-A MRSA §1105-C, sub-§1, ¶¶I and J, as amended by PL 2003, c. 1, §8, are further amended to read:

I. At the time of the offense, the person furnishes 300 or more pills, capsules, tablets, vials, ampules, syringes or units containing any narcotic drug other than heroin, or any quantity of pills, capsules, tablets, units, compounds, mixtures or substances that, in the aggregate, contains 8,000 milligrams or more of oxycodone or 1,000 milligrams or more of hydromorphone. Violation of this paragraph is a Class B crime; or

J. At the time of the offense, the person 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. Violation of this paragraph is a Class B crime.;