Maine LD 113: An Act To Reduce the Penalties for Certain Drug Offenses

LD 113 (subjects: CRIMES , DRUG OFFENSES )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=113&PID=1456&snum=127


Sponsors | Actions | Bill Text & Amendments | Patterns of Support | In The News


Sponsors

Principal Sponsor: Sen. Roger Katz of Kennebec: (R – District 15) — e-mail | Facebook

5 Cosponsors:

Actions

Chamber

Action
1/22/2015 Senate Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY
suggested and ordered printed
On motion by Senator Rosen of Hancock REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY
Ordered sent down forthwith for concurrence.
1/22/2015 House Bill REFERRED to the Committee on CRIMINAL JUSTICE AND PUBLIC SAFETY.
In concurrence. ORDERED SENT FORTHWITH.
6/16/2015 Senate Reports READ
motion by Senator ROSEN of Hancock to accept Report “B” Ought Not To Pass Report FAILED Roll Call Ordered Roll Call # 256 16 Yeas – 19 Nays- 0 Excused – 0 Absent
On motion by Same Senator Report C Ought to Pass As Amended Report ACCEPTED
READ ONCE
Committee Amendment “B” (S-269) READ and ADOPTED

Under suspension of the Rules, READ A SECOND TIME PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “B” (S-269)
Ordered sent down forthwith for concurrence.
6/16/2015 House Reports READ.
Representative FOWLE of Vassalboro moved to ACCEPT REPORT A Ought to Pass as Amended .
On further motion of the same Representative TABLED pending her motion to ACCEPT REPORT A Ought to Pass as Amended
Later today assigned.
6/17/2015 House Unfinished Business
6/17/2015 House Speaker laid before the House
Subsequently, REPORT A Ought to Pass as Amended FAILED.
ROLL CALL NO. 286
(Yeas 22 – Nays 122 – Absent 7 – Excused 0)
On motion of Representative FOWLE of Vassalboro, REPORT C Ought to Pass as Amended was ACCEPTED.
ROLL CALL NO. 287
(Yeas 92 – Nays 52 – Absent 7 – Excused 0)
The Bill was READ ONCE.
Committee Amendment “B” (S-269) was READ and ADOPTED.
Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “B” (S-269).
In concurrence. ORDERED SENT FORTHWITH.
6/19/2015 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
6/19/2015 Senate PASSED TO BE ENACTED, in concurrence.

Bill Text & Amendments

Important Note: The bill text below presents L.D. 113 as originally introduced. L.D. 113 was changed by the legislature through amendment. To understand the impact of this legislation in proper context, be sure to read adopted amendment text, available here: C-B (S-269) .

An Act To Reduce the Penalties for Certain Drug Offenses

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 1999, c. 374, 1 and c. 453, 1 to 3, 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 ; or .
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. 2. 17-A MRSA 1101, sub- 18, as amended by PL 1999, c. 453, 4 and 5, is further amended to read:

18. “Furnish:”

A. To furnish, give, dispense, administer, prescribe, deliver or otherwise transfer to another; or
B. To possess with the intent to do any act mentioned in paragraph A ; or .
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. 3. 17-A MRSA 1103, sub- 1-A, A and B, as enacted by PL 2001, c. 383, 115 and affected by 156, are amended to read:

A. A schedule W drug. Violation of this paragraph is a Class B C crime;
B. A schedule X drug. Violation of this paragraph is a Class C D crime;

Sec. 4. 17-A MRSA 1103, sub- 3, as amended by PL 2001, c. 383, 117 and affected by 156 and amended by c. 419, 11 to 13, is repealed.

Sec. 5. 17-A MRSA 1106, sub- 1-A, A, as enacted by PL 2001, c. 383, 121 and affected by 156, is amended to read:

A. A schedule W drug. Violation of this paragraph is a Class C D crime;

Sec. 6. 17-A MRSA 1106, sub- 3, as amended by PL 2009, c. 67, 1, is repealed.

Sec. 7. 17-A MRSA 1107-A, sub- 1, A, as enacted by PL 2001, c. 383, 127 and affected by 156, is repealed.

Sec. 8. 17-A MRSA 1107-A, sub- 1, B, as amended by PL 2007, c. 476, 43, is repealed.

Sec. 9. 17-A MRSA 1107-A, sub- 1, C, as enacted by PL 2001, c. 383, 127 and affected by 156, is amended to read:

C. A schedule W drug , except as provided in paragraphs A and B. Violation of this paragraph is a Class D crime;

Sec. 10. 17-A MRSA 1107-A, sub- 4, as amended by PL 2011, c. 464, 19, is further amended to read:

4. It is an affirmative defense to prosecution under subsection 1, paragraph B, subparagraphs (3) to (6) and paragraphs C to F that the person possessed a valid prescription for the scheduled drug or controlled substance that is the basis for the charge and that, at all times, the person intended the drug to be used only for legitimate medical use in conformity with the instructions provided by the prescriber and dispenser.

Sec. 11. 17-A MRSA 1110, sub- 1, as amended by PL 2001, c. 383, 131 and affected by 156, is further amended to read:

1. Except as provided in subsection 1-B, paragraph A, a person is guilty of trafficking in hypodermic apparatuses if the person intentionally or knowingly trafficks in one or more hypodermic apparatuses. Violation of this subsection is a Class C D crime.

summary

This bill amends the Maine Criminal Code by striking language that defines as trafficking or furnishing the possession of a certain amount of heroin and all permissible inferences based on possession of schedule W or X drugs. This bill also downgrades felony-level trafficking, furnishing, possession and hypodermic needles offenses.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


In The News…

Recent news stories featuring LD 113:


This information about LD 113 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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