CHAPTER 419
H.P. 1270 - L.D. 1728
An Act to Control the Illegal Diversion and Abuse of Prescription Narcotic Drugs and Abuse of Designer Club Drugs
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §701, sub-§4, as amended by PL 1981, c. 436, §1, is further amended to read:
4. "Written instrument" includes any token, coin, stamp, seal, badge, trademark, credit card, absentee ballot application, absentee ballot envelope, medical drug prescription form, other evidence or symbol of value, right, privilege or identification, and any paper, document or other written instrument containing written or printed matter or its equivalent;
Sec. 2. 17-A MRSA §1102, first ¶, as enacted by PL 1975, c. 499, §1, is amended to read:
For the purposes of defining crimes under this chapter and of determining the penalties therefor, there are hereby establishd established the following schedules, designated W, X, Y and Z.
Sec. 3. 17-A MRSA §1102, sub-§1, ¶I, as amended by PL 1995, c. 499, §2 and affected by §5, is further amended to read:
I. Unless listed or described in another schedule, all narcotic drugs, including, but not limited to, the following narcotic drugs or their salts, isomers or salts of isomers: heroin (diacetylmorphine), methadone, methadone hydrochloride, levo-alpha-acetyl-methadol, or LAAM, pethidine, morphine, oxycodone, hydrocodone, hydromorphone, fentanyl and opium. As used in this chapter, "heroin" means any compound, mixture or preparation containing heroin;
Sec. 4. 17-A MRSA §1102, sub-§1, ¶M, as amended by PL 1997, c. 487, §1, is further amended to read:
M. Lysergic acid amide; and
Sec. 5. 17-A MRSA §1102, sub-§1, ¶N, as enacted by PL 1997, c. 487, §2, is amended to read:
N. Flunitrazepam or its chemical equivalent.; and
Sec. 6. 17-A MRSA §1102, sub-§1, ¶O is enacted to read:
O. Unless listed or described in another schedule, the following hallucinogenic drugs or their salts, isomers and salts of isomers whenever the existence of the salts, isomers and salts of isomers is possible within the chemical designation:
(1) 3, 4 - methylenedioxy amphetamine, MDA;
(2) 5 methoxy - 3, 4 methylenedioxy amphetamine, MMDA;
(3) 3, 4, 5 - trimethoxy amphetamine, TMA;
(4) 4 - methyl - 2, 5 - dimethoxyamphetamine, DOM;
(5) 2, - 3 methylenedioxyamphetamine;
(6) 2, 5 - dimethoxyamphetamine, DMA;
(7) 4 - bromo - 2, 5 - dimethoxyamphetamine, DOB;
(8) 4 methoxyamphetamine;
(9) 3, 4 - methylenedioxymethamphetamine, MDMA;
(10) 4 - bromo - 2, 5 - dimethoxyphenethylamine, NEXUS;
(11) 3, 4 - methylenedioxy-N-ethylamphetamine, MDE;
(12) Paramethoxymethamphetamine, PMMA;
(13) Paramethoxyamphetamine, PMA; and
(14) Paramethoxyethylamphetamine, PMEA.
Sec. 7. 17-A MRSA §1102, sub-§2, ¶D, as enacted by PL 1975, c. 499, §1, is repealed.
Sec. 8. 17-A MRSA §1102, sub-§2, ¶H, as amended by PL 1989, c. 924, §4, is further amended to read:
H. Unless listed or described in another schedule, any of the following hallucinogenic drugs or their salts, isomers and salts of isomers whenever the existence of such the salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) 3, 4 -- methylenedioxy amphetamine;
(2) 5 -- methoxy -- 3, 4 -- methylenedioxy amphetamine;
(3) 3, 4, 5 -- trimethoxy amphetamine;
(4) 4 -- methyl -- 2, 5 -- dimethoxyamphetamine;
(5) Diethyltryptamine, DET;
(6) Dimethyltryptamine, DMT;
(7) Dipropyltryptamine, DPT; and
(8) 2, - 3 methylenedioxy amphetamine;
(9) 2, 5 -- dimethoxyamphetamine;
(10) 4 -- bromo -- 2, 5 -- dimethoxyamphetamine; and
(11) 4 -- methoxyamphetamine.; and
(12) Alpha-ethyltryptamine, AET.
Sec. 9. 17-A MRSA §1102, sub-§2, ¶K, as enacted by PL 1977, c. 649, §4, is amended to read:
K. Diethylpropion or its salts.;
Sec. 10. 17-A MRSA §1102, sub-§2, ¶¶L, M and N are enacted to read:
L. Gamma hydroxybutyrate, GHB, and its salts, isomers and salts of isomers;
M. Ketamine and its salts, isomers and salts of isomers; and
N. The following substances, if intended for human ingestion:
(1) Gamma butyrolactone, GBL, and its salts, isomers and salts of isomers; or
(2) One, 4-butanediol, BD, and its salts, isomers and salts of isomers.
Sec. 11. 17-A MRSA §1103, sub-§3, ¶D, as amended by PL 1999, c. 422, §2, is further amended to read:
D. Lysergic acid diethylamide in any of the following quantities, states or concentrations:
(1) Any compound, mixture, substance or solution in a liquid state that contains a detectable quantity of lysergic acid diethylamide;
(2) Fifty or more squares, stamps, tablets or units of any compound, mixture or substance containing a detectable quantity of lysergic acid diethylamide; or
(3) Any quantity of any compound, mixture or substance that, in the aggregate, contains 2,500 micrograms or more of lysergic acid diethylamide; or
Sec. 12. 17-A MRSA §1103, sub-§3, ¶E, as enacted by PL 1999, c. 422, §3, is amended to read:
E. Fourteen grams or more of methamphetamine.;
Sec. 13. 17-A MRSA §1103, sub-§3, ¶¶F to H are enacted to read:
F. Ninety or more pills, capsules, tablets, vials, ampules, syringes or units containing any narcotic drug other than heroin;
G. Any quantity of pills, capsules, tablets, units, compounds, mixtures or substances that, in the aggregate, contains 800 milligrams or more of oxycodone or 100 milligrams or more of hydromorphone; or
H. Thirty or more pills, capsules, tablets or units containing 3, 4 - methylenedioxymethamphetamine, MDMA, or any other drug listed in section 1102, subsection 1, paragraph O.
Sec. 14. 17-A MRSA §1105, sub-§1, ¶¶H and I, as enacted by PL 1999, c. 531, Pt. I, §5, are amended to read:
H. A person violates section 1103 or 1106 and, at the time of the offense, the person trafficks in or furnishes methamphetamine in a quantity of 100 grams or more; or
I. 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. 15. 17-A MRSA §1105, sub-§1, ¶J and ¶K are enacted to read:
J. A person violates section 1103 or 1106 and, at the time of the offense, the person trafficks in or 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; or
K. A person violates section 1103 or 1106 and, at the time of the offense, the person trafficks in or 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.
Sec. 16. 17-A MRSA §1106, sub-§3, ¶D, as amended by PL 1999, c. 422, §8, is further amended to read:
D. Lysergic acid diethylamide in any of the following quantities or concentrations:
(1) Not less than 25 squares, stamps, tablets or units of any compound, mixture or substance containing a detectable quantity of lysergic acid diethylamide; or
(2) Any quantity of any compound, mixture or substance that, in the aggregate, contains not less than 1,250 micrograms of lysergic acid diethylamide; or
Sec. 17. 17-A MRSA §1106, sub-§3, ¶E, as enacted by PL 1999, c. 422, §9, is amended to read:
E. Seven grams or more of methamphetamine.;
Sec. 18. 17-A MRSA §1106, sub-§3, ¶¶F to H are enacted to read:
F. Forty-five or more pills, capsules, tablets, vials, ampules, syringes or units containing any narcotic drug other than heroin;
G. Any quantity of pills, capsules, tablets, units, compounds, mixtures or substances that, in the aggregate, contains not less than 400 milligrams of oxycodone or not less than 50 milligrams of hydromorphone; or
H. Fifteen or more pills, capsules, tablets or units containing 3, 4 - methylenedioxymethamphetamine, MDMA, or any other drug listed in section 1102, subsection 1, paragraph O.
Sec. 19. 17-A MRSA §1108, sub-§§1 and 2, as repealed and replaced by PL 1979, c. 512, §33, are amended to read:
1. A person is guilty of acquiring drugs by deception if, as a result of deception, he the person obtains or exercises control over a prescription for a scheduled drug, or what he that person knows or believes to be a scheduled drug, and which is, in fact, a scheduled drug.
2. As used in this section, "deception" has the same meaning as in section 354, subsection 2. and includes:
A. Failure by a person, after having been asked by a prescribing health care provider or a person acting under the direction or supervision of a prescribing health care provider, to disclose the particulars of every narcotic drug or prescription for a narcotic drug issued to that person by a different health care provider within the preceding 30 days; or
B. Furnishing a false name or address to a prescribing health care provider or a person acting under the direction or supervision of a prescribing health care provider.
Sec. 20. 17-A MRSA §1108, sub-§5 is enacted to read:
5. For purposes of the causation required by subsection 1, engaging in an act of deception described in subsection 2, paragraph A or B is deemed to have resulted in the acquisition of any drugs prescribed to that person by that prescribing health care provider or person acting under the direction or supervision of that prescribing health care provider.
Sec. 21. 17-A MRSA §1109, sub-§2, as enacted by PL 1975, c. 499, §1, is amended to read:
2. Stealing drugs is a Class D crime.:
A. A Class C crime if the drug is a schedule W, X or Y drug; or
B. A Class D crime if the drug is a schedule Z drug.
Sec. 22. 17-A MRSA §1112, sub-§1, as amended by PL 1979, c. 512, §34, is further amended to read:
1. A laboratory which that receives a drug or substance from a law enforcement officer or agency for analysis as a scheduled drug shall, if it is capable of so doing, analyze the same as requested by a method designed to accurately determine the composition of the substance, including by chemical means, visual examination, or both, and shall issue a certificate stating the results of such the analysis. Such The certificate, when duly signed and sworn to by a person certified as qualified for this purpose by the Department of Human Services under certification standards set by that department, shall be is admissible in evidence in any a court of the State of Maine, and shall be is prima facie evidence that the composition, quality and quantity of the drug or substance are as stated therein in the certificate, unless with 10 days written notice to the prosecution, the defendant requests that a qualified witness testify as to such the composition, quality and quantity.
Sec. 23. 32 MRSA §13786-A is enacted to read:
§13786-A. Security requirements; rules
1. Rules. The Department of Public Safety, after consultation with the Board of Osteopathic Licensure, the Board of Licensure in Medicine and the Board of Pharmacy, shall adopt rules that establish security requirements for all written prescriptions for schedule II drugs issued by health care providers. For purposes of this section, "schedule II drug" has the same meaning as in the federal Controlled Substances Act of 1970, 21 United States Code, Section 812. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II-A and must be brought back for review by the joint standing committee of the Legislature having jurisdiction over criminal justice matters during the 2nd Regular Session of the 120th Legislature. The rules must include a procedure to obtain a waiver for prescription blanks that provide substantially equivalent protection against forgery. The rules must deal with the following subjects:
A. Measures designed to prevent unauthorized copying of a completed or blank prescription form;
B. Measures designed to prevent the erasure or modification of information written on the prescription by the prescribing health care provider; and
C. Measures to prevent the use of counterfeit prescription forms.
Effective September 21, 2001, unless otherwise indicated.
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