Chapter 346
H.P. 1248 - L.D. 1786
PART B
Sec. B-1. 17-A MRSA §1106, sub-§6, as enacted by PL 2003, c. 61, §6, is repealed and the following enacted in its place:
6.
It is an affirmative defense to prosecution under this section that the substance furnished is: A. Industrial hemp; or
B. A residual amount of any scheduled drug that is contained in one or more hypodermic apparatuses if the person is enrolled in a hypodermic apparatus exchange program that is certified by the Department of Health and Human Services, Maine Center for Disease Control and Prevention and is furnishing the hypodermic apparatuses to an employee of such a program.
Sec. B-2. 17-A MRSA §1107-A, sub-§5, is enacted to read:
5.
It is an affirmative defense to prosecution under this section that the substance furnished is: A. Industrial hemp; or
B. A residual amount of any scheduled drug that is contained in one or more hypodermic apparatuses if the person is enrolled in a hypodermic apparatus exchange program that is certified by the Department of Health and Human Services, Maine Center for Disease Control and Prevention and is transporting the hypodermic apparatuses to the program.
Sec. B-3. 17-A MRSA §1110, sub-§1-C is enacted to read:
1-C.
It is an affirmative defense to prosecution under section 1-A that the person furnishing the hypodermic apparatuses is enrolled in a hypodermic apparatus exchange program that is certified by the Department of Health and Human Services, Maine Center for Disease Control and Prevention and is furnishing the hypodermic apparatuses to an employee of such a program.
Sec. B-4. 17-A MRSA §1111, sub-§3 is enacted to read:
3.
It is an affirmative defense to prosecution under this section that the person possessing the hypodermic apparatuses is enrolled in a hypodermic apparatus exchange program that is certified by the Department of Health and Human Services, Maine Center for Disease Control and Prevention and is transporting the hypodermic apparatuses to the program.