‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, certain synthetic hallucinogenic drugs marketed as bath salts are powerful stimulant drugs that are suspected to have been designed to avoid prosecution and are commonly available on the Internet; and
Whereas, there exists a perception that these so-called bath salts pose a safer alternative to other drugs that are illegal but use of these bath salts is known to produce a number of severe side effects, including organ failure, and death; and
Whereas, prohibiting the use and possession of these so-called bath salts is an urgent public safety matter; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §§1119 to 1123 are enacted to read:
§ 1119. Unlawful possession of certain synthetic hallucinogenic drugs
1. A person is guilty of unlawful possession of certain synthetic hallucinogenic drugs if the person intentionally or knowingly possesses what that person knows or believes to be a certain synthetic hallucinogenic drug, which is in fact a certain synthetic hallucinogenic drug, and the drug is:
A. 3, 4 - methylenedioxymethcathinone, MDMC;
B. 3, 4 - methylenedioxypyrovalerone, MDPV;
C. 4 - methylmethcathinone, 4-MMC;
D. 4 - methoxymethcathinone, bk-PMMA, PMMC;
E. 3 - fluoromethcathinone, FMC;
F. 4 - fluoromethcathinone, FMC;
G. Napthylpyrovalerone, NRG-1; and
H. Beta-keto-N-methylbenzodioxolylpropylamine.
2. Violation of this section is a Class C crime.
3. This section is repealed June 15, 2013.
§ 1120. Unlawful trafficking in certain synthetic hallucinogenic drugs
1. A person is guilty of unlawful trafficking in certain synthetic hallucinogenic drugs if the person intentionally or knowingly trafficks in what the person knows or believes to be a certain synthetic hallucinogenic drug, which is in fact a certain synthetic hallucinogenic drug listed in section 1119.
2. If a person uses a motor vehicle to facilitate the trafficking in a certain synthetic hallucinogenic drug listed in section 1119, the court may, in addition to other authorized penalties, suspend the person's driver's license or permit or privilege to operate a motor vehicle or right to apply for or obtain a license for a period not to exceed 5 years. A suspension may not begin until after any period of incarceration is served. If the court suspends a person's driver's license or permit, privilege to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the Secretary of State of the suspension and the court shall take physical custody of the person's license or permit. The Secretary of State may not reinstate the person's driver's license or permit or 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.
3. Violation of this section is a Class B crime.
4. This section is repealed June 15, 2013.
§ 1121. Aggravated trafficking in certain synthetic hallucinogenic drugs
1. A person is guilty of aggravated trafficking in certain synthetic hallucinogenic drugs if the person violates section 1120 and:
A. The person trafficks in a certain synthetic hallucinogenic drug with a child who is in fact less than 18 years of age. Violation of this paragraph is a Class A crime;
B. At the time of the offense, the person has one or more prior convictions for any Class A, B or C offense under this chapter or for engaging in substantially similar conduct to that of the Class A, B or C offenses under this chapter in another jurisdiction. 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. Violation of this paragraph is a Class A crime;
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. Violation of this paragraph is a Class A crime;
D. At the time of the offense, the person is on a school bus or within 1,000 feet of the real property comprising a private or public elementary or secondary school or a safe zone as defined in section 1101, subsection 23. For purposes of this paragraph, "school bus" has the same meaning as defined in Title 29-A, section 2301, subsection 5. Violation of this paragraph is a Class A crime;
E. At the time of the offense, the person enlists or solicits the aid of or conspires with a child who is in fact less than 18 years of age to traffick in a certain synthetic hallucinogenic drug. Violation of this paragraph is a Class A crime;
F. Death is in fact caused by the use of that certain synthetic hallucinogenic drug. A violation of this paragraph is a Class A crime; or
G. Serious bodily injury is in fact caused by the use of that certain synthetic hallucinogenic drug. A violation of this paragraph is a Class B crime.
2. If a person uses a motor vehicle to facilitate the aggravated trafficking in a certain synthetic hallucinogenic drug, the court may, in addition to other authorized penalties, suspend the person's driver's license or permit or privilege to operate a motor vehicle or right to apply for or obtain a license for a period not to exceed 5 years. A suspension may not begin until after any period of incarceration is served. If the court suspends a person's driver's license or permit, privilege to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the Secretary of State of the suspension and the court shall take physical custody of the person's license or permit. The Secretary of State may not reinstate the person's driver's license or permit or 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.
3. This section is repealed June 15, 2013.
§ 1122. Unlawfully furnishing certain synthetic hallucinogenic drugs
1. A person is guilty of unlawful furnishing of a certain synthetic hallucinogenic drug if the person intentionally or knowingly furnishes what the person knows or believes to be a certain synthetic hallucinogenic drug, which is in fact a certain synthetic hallucinogenic drug listed in section 1119. Violation of this subsection is a Class C crime.
2. If a person uses a motor vehicle to facilitate the unlawful furnishing of a certain synthetic hallucinogenic drug, the court may, in addition to other authorized penalties, suspend the person's driver's license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license for a period not to exceed 5 years. A suspension may not begin until after any period of incarceration is served. If the court suspends a person's driver's license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the Secretary of State of the suspension and the court shall take physical custody of the person's license. The Secretary of State may not 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.
3. This section is repealed June 15, 2013.
§ 1123. Aggravated furnishing of certain synthetic hallucinogenic drugs
1. A person is guilty of aggravated furnishing of certain synthetic hallucinogenic drugs if the person violates section 1122 and:
A. The person furnishes a certain synthetic hallucinogenic drug to a child who is in fact less than 18 years of age. Violation of this paragraph is a Class B crime;
B. At the time of the offense, the person has one or more prior convictions for any Class A, B or C offense under this chapter or for engaging in substantially similar conduct to that of the Class A, B or C offenses under this chapter in another jurisdiction. 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. Violation of this paragraph is a Class B crime;
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. Violation of this paragraph is a Class B crime;
D. At the time of the offense, the person is on a school bus or within 1,000 feet of the real property comprising a private or public elementary or secondary school or a safe zone as defined in section 1101, subsection 23. For purposes of this paragraph, "school bus" has the same meaning as defined in Title 29-A, section 2301, subsection 5. Violation of this paragraph is a Class B crime;
E. At the time of the offense, the person enlists or solicits the aid of or conspires with a child who is in fact less than 18 years of age to furnish a certain synthetic hallucinogenic drug. Violation of this paragraph is a Class B crime;
F. Death is in fact caused by the use of that certain synthetic hallucinogenic drug. A violation of this paragraph is a Class B crime. It is an affirmative defense to prosecution under this paragraph that the drug furnished was lawfully possessed by the defendant prior to furnishing and that the death was not a reasonably foreseeable consequence of the use of that certain synthetic hallucinogenic drug. In determining whether the death was reasonably foreseeable, the jury shall consider:
(1) The factual circumstances surrounding the furnishing of the drug;
(2) The total quantity of the drug furnished;
(3) The dosage of the units furnished;
(4) The nature of the drug;
(5) The overdose risk presented by use of the drug; and
(6) Any safety warnings provided to the defendant at the time of dispensing the drug; or
G. Serious bodily injury is in fact caused by the use of that certain synthetic hallucinogenic drug. A violation of this paragraph is a Class C crime. It is an affirmative defense to prosecution under this paragraph that the drug furnished was lawfully possessed by the defendant prior to furnishing and that the serious bodily injury was not a reasonably foreseeable consequence of the use of that drug. In determining whether the serious bodily injury was reasonably foreseeable, the jury shall consider:
(1) The factual circumstances surrounding the furnishing of the drug;
(2) The total quantity of the drug furnished;
(3) The dosage of the units furnished;
(4) The nature of the drug;
(5) The overdose risk presented by use of the drug; and
(6) Any safety warnings provided to the defendant at the time of dispensing the drug.
2. If a person uses a motor vehicle to facilitate the aggravated furnishing of a certain synthetic hallucinogenic drug, the court may, in addition to other authorized penalties, suspend the person's driver's license or permit, privilege to operate a motor vehicle or right to apply for or obtain a license for a period not to exceed 5 years. A suspension may not begin until after any period of incarceration is served. If the court suspends a person's driver's license or permit, privilege to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the Secretary of State of the suspension and the court shall take physical custody of the person's license or permit. The Secretary of State may not reinstate the person's driver's license or 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.
3. This section is repealed June 15, 2013.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’