HP1348
LD 1827
Second Regular Session - 125th Maine Legislature
 
LR 2758
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Amend the Laws Governing Prosecution of Individuals Possessing a Controlled Substance under Certain Circumstances

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §1107-A, sub-§1,  as amended by PL 2009, c. 67, §2, is further amended to read:

1.   Except as provided in subsection subsections 2 and 2-A, a person is guilty of unlawful possession of a scheduled drug if the person intentionally or knowingly possesses 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 that is:

(1) Cocaine and the quantity possessed is more than 14 grams;

(2) Cocaine in the form of cocaine base and the quantity possessed is more than 4 grams; or

(3) Methamphetamine and the quantity possessed is more than 14 grams.

Violation of this paragraph is a Class B crime;

B. A schedule W drug that contains:

(1) Heroin (diacetylmorphine);

(2) Cocaine in the form of cocaine base and at the time of the offense the person has one or more prior convictions for any offense under this chapter or for engaging in substantially similar conduct to that of the Maine offenses under this chapter in another jurisdiction. For the purposes of this paragraph, a person has been convicted of an offense on the date the judgment of conviction was entered by the court;

(3) Methamphetamine;

(4) Oxycodone;

(5) Hydrocodone; or

(6) Hydromorphone.

Violation of this paragraph is a Class C crime;

C. A schedule W drug, except as provided in paragraphs A and B. Violation of this paragraph is a Class D crime;
D. A schedule X drug. Violation of this paragraph is a Class D crime;
E. A schedule Y drug. Violation of this paragraph is a Class E crime; or
F. A schedule Z drug. Violation of this paragraph is a Class E crime unless the drug is marijuana, in which case a violation of this paragraph is:

(1) For possession of over 2 1/2 ounces to 8 ounces of marijuana, a Class E crime;

(2) For possession of over 8 ounces to 16 ounces of marijuana, a Class D crime;

(3) For possession of over one pound to 20 pounds of marijuana, a Class C crime; and

(4) For possession of over 20 pounds of marijuana, a Class B crime.

Sec. 2. 17-A MRSA §1107-A, sub-§2-A  is enacted to read:

2-A   A person is not guilty of unlawful possession of a scheduled drug if the evidence for the charge of possession of the scheduled drug is gained as a result of the person's:
A Seeking medical assistance, in good faith, for someone experiencing a drug-related overdose; or
B Seeking medical assistance when experiencing a drug-related overdose.

summary

This bill provides an exception to the crime of unlawful possession of a scheduled drug for a person charged with that crime if the evidence for the charge is gained as a result of the person's seeking medical assistance for a drug-related overdose. This bill is a recommendation from the Substance Abuse Services Commission's work group convened pursuant to Resolve 2011, chapter 81 and is submitted by the Joint Standing Committee on Health and Human Services.


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