H.P. 1404 - L.D. 2009
An Act to Redefine Trafficking and Furnishing of Heroin in Terms of the Amount of the Drug Possessed
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1101, sub-§17, ¶C, as enacted by PL 1975, c. 499, §1, is amended to read:
C. To sell, barter, trade, exchange or otherwise furnish for consideration; or
Sec. 2. 17-A MRSA §1101, sub-§17, ¶D, as amended by PL 1997, c. 481, §1, is further amended to read:
D. To possess with the intent to do any act mentioned in paragraph C.; or
Sec. 3. 17-A MRSA §1101, sub-§17, ¶E is enacted to read:
E. To possess 2 grams or more of heroin or 90 or more individual bags, folds, packages, envelopes or containers of any kind containing heroin.
Sec. 4. 17-A MRSA §1101, sub-§18, ¶B, as enacted by PL 1975, c. 499, §1, is amended to read:
B. To possess with the intent to do any act mentioned in paragraph A.; or
Sec. 5. 17-A MRSA §1101, sub-§18, ¶C is enacted to read:
C. To possess at least one gram but less than 2 grams of heroin or at least 45 but fewer than 90 individual bags, folds, packages, envelopes or containers of any kind containing heroin.
Sec. 6. 17-A MRSA §1103, sub-§3, ¶B, as amended by PL 1995, c. 635, §2, is further amended to read:
B. Fourteen grams or more of cocaine or 4 grams or more of cocaine in the form of cocaine base; or
Sec. 7. 17-A MRSA §1103, sub-§3, ¶C, as enacted by PL 1989, c. 924, §8, is repealed.
Sec. 8. 17-A MRSA §1105, sub-§1, ¶E, as amended by PL 1995, c. 65, Pt. A, §58 and affected by §153 and Pt. C, §15, is further amended to read:
E. A person violates section 1103, and, at the time of the offense, the person is on a school bus or on or within 1,000 feet of the real property comprising a private or public elementary or secondary school. For purposes of this paragraph, "school bus" has the same meaning as set forth in Title 29-A, section 2301, subsection 5; or
Sec. 9. 17-A MRSA §1105, sub-§1, ¶F, as enacted by PL 1989, c. 924, §11, is amended to read:
F. A person violates section 1103, and, at the time of the offense, the person enlists or solicits the aid of or conspires with a child who is, in fact, under 18 years of age, to traffick in or furnish any scheduled drug. ; or
Sec. 10. 17-A MRSA §1105, sub-§1, ¶G is enacted to read:
G. 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.
Sec. 11. 17-A MRSA §1106, sub-§3, ¶B, as amended by PL 1995, c. 635, §5, is further amended to read:
B. Seven grams or more of cocaine or 2 grams or more of cocaine in the form of cocaine base; or
Sec. 12. 17-A MRSA §1106, sub-§3, ¶C, as enacted by PL 1989, c. 924, §12, is repealed.
Effective September 18, 1999, unless otherwise indicated.
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