H.P. 1407 - L.D. 2012
An Act to More Accurately Describe the Criminal Conduct Committed When a Person Grows or Cultivates Marijuana
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 17-A MRSA §1101, sub-§17, as amended by PL 1997, c. 481, §1, is further amended to read:
17. "Traffick:":
A. To make, create, manufacture;
B. To grow or cultivate, except for marijuana;
C. To sell, barter, trade, exchange or otherwise furnish for consideration; or
D. To possess with the intent to do any act mentioned in paragraph C.
Sec. 2. 17-A MRSA §1103, sub-§2, ¶A, as amended by PL 1989, c. 850, §2, is further amended to read:
A. A Class B crime if the drug is a schedule W drug, or if it is marijuana in a quantity of 20 pounds or more or if it is marijuana and the person grows or cultivates 500 or more plants;
Sec. 3. 17-A MRSA §1103, sub-§2, ¶B, as amended by PL 1997, c. 481, §2, is further amended to read:
B. A Class C crime if the drug is a schedule X drug, or if it is marijuana in a quantity of more than one pound or if it is marijuana and the person grows or cultivates 100 or more plants; or
Sec. 4. 17-A MRSA §1105, as amended by PL 1995, c. 635, §§3 and 4, is further amended to read:
§1105. Aggravated trafficking, furnishing or cultivation of scheduled drugs
1. A person is guilty of aggravated trafficking or, furnishing or cultivating of scheduled drugs if:
A. In violation of section 1103, 1104 or 1106, the person trafficks with or furnishes to a child, in fact, under 18 years of age a scheduled drug;
B. The person violates section 1103, 1104 or, 1106 or 1117, and, 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, as defined in this chapter, and punishable by a term of imprisonment of more than one year. For purposes of this paragraph, a person has been convicted of an offense on the date the judgment of conviction was entered by the court;
C. A person violates section 1103, 1104 or, 1106 or 1117, and, at the time of the offense, the person uses, carries, possesses or is armed with a firearm;
D. A person violates section 1103 or 1106, and, at the time of the offense, the person trafficks in or furnishes cocaine in a quantity of 112 grams or more or cocaine in the form of cocaine base in a quantity of 32 grams or more;
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
F. A person violates section 1103 or 1117, 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 or cultivate any scheduled drug.; or
G. A person violates section 1117 and, at the time of the offense, the person is within 1,000 feet of the real property comprising a private or public elementary or secondary school.
2. Aggravated trafficking or, furnishing or cultivation of scheduled drugs is a crime one class more serious than such trafficking or, furnishing or cultivation would otherwise be.
3. If a person uses a motor vehicle to facilitate the aggravated trafficking or, furnishing or cultivation of a scheduled 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.
Sec. 5. 17-A MRSA §1117 is enacted to read:
1. A person is guilty of marijuana cultivation if the person intentionally or knowingly grows or cultivates marijuana.
2. Violation of this section is:
A. A Class B crime if the person grows or cultivates 500 or more marijuana plants;
B. A Class C crime if the person grows or cultivates 100 or more but fewer than 500 marijuana plants;
C. A Class D crime if the person grows or cultivates more than 5 and fewer than 100 marijuana plants; or
D. A Class E crime if the person grows or cultivates 5 or fewer marijuana plants.
Sec. 6. 17-A MRSA §1252, sub-§5-A, ¶A, as enacted by PL 1987, c. 535, §7, is amended to read:
A. Except as otherwise provided in paragraphs B and C, the minimum sentence of imprisonment, which shall may not be suspended, shall be is as follows: When the sentencing class is Class A, the minimum term of imprisonment shall be is 4 years; when the sentencing class is Class B, the minimum term of imprisonment shall be is 2 years; and, with the exception of trafficking or, furnishing or cultivation of marijuana under section 1105, when the sentencing class is Class C, the minimum term of imprisonment shall be is one year;
Effective September 18, 1999, unless otherwise indicated.
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