Title 17-A, Title 17-A

1. A person is guilty of aggravated trafficking in a scheduled drug if the person violates section 1103 and: A. The person trafficks in a scheduled drug with a child who is in fact less than 18 years of age and the drug is: (1) A schedule W drug. Violation of this subparagraph is…

1. A person is guilty of aggravated trafficking in or furnishing a counterfeit drug if the person violates section 1104 and: A. The person trafficks in a counterfeit drug with or furnishes a counterfeit drug to a child who is in fact under 18 years of age; [PL 2001, c. 383, §119 …

1. A person is guilty of aggravated furnishing of a scheduled drug if the person violates section 1106 and: A. The person furnishes a scheduled drug to a child who is in fact less than 18 years of age and the drug is: (1) A schedule W drug. Violation of this subparagraph is a Cla…

1. A person is guilty of aggravated cultivating of marijuana if the person violates section 1117 and: A. At the time of the offense, the person has one or more prior convictions for any Class A, B or C offense under this chapter or for engaging in substantially similar conduct to…

1. A person is guilty of aggravated unlawful operation of a methamphetamine laboratory if the person violates section 1124 and: A. At the time of the offense, the person has one or more prior convictions for any Class A, B or C offense under this chapter or for engaging in substa…

1. 1-A. Except as provided in subsection 1‑B, a person is guilty of unlawful furnishing of a scheduled drug if the person intentionally or knowingly furnishes what the person knows or believes to be a scheduled drug, which is in fact a scheduled drug, and the drug is: A. A schedu…

1. Quantities of scheduled drugs involved in violations of section 1103, 1105‑A, 1105‑B, 1105‑C or 1106 committed pursuant to one scheme or course of conduct and confiscated within a 6-month period may be aggregated to charge a single violation of appropriate class. Subject to th…

1. Except as provided in subsection 2, a person is guilty of unlawful possession of a scheduled drug if the person intentionally or knowingly possesses what that person knows or believes to be a scheduled drug, which is in fact a scheduled drug, and the drug is: A. A schedule W d…

1. A person is guilty of acquiring drugs by deception if, as a result of deception, the person obtains or exercises control over a prescription for a scheduled drug or what the person knows or believes to be a scheduled drug, which is in fact a scheduled drug, and the drug is: A.…

1. A person is guilty of stealing drugs if the person violates chapter 15, section 353, 355 or 356‑A knowing or believing that the subject of the theft is a scheduled drug, and it is in fact a scheduled drug, and the theft is from a person authorized to possess or traffick in tha…

1. As used in this section the term "drug paraphernalia" means all equipment, products and materials of any kind that are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing,…

When a medical professional or law enforcement officer has been dispatched to the location of a medical emergency in response to a call for assistance for a suspected drug-related overdose, the following provisions apply to any protected person at the location when the medical pr…

1. A laboratory 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 …

All scheduled Z drugs, the unauthorized possession of which constitutes a civil violation under Title 22 or Title 28-B, are contraband, and may be seized and confiscated by the State.

On the conviction of any person of a violation of any provision of this chapter, or on a person's being found liable for a civil violation under Title 22 or Title 28‑B, a copy of the judgment or sentence and of the opinion of the court or judge, if any opinion is filed, must be s…

1. Except as provided in subsection 1‑A, a person is guilty of trafficking in or furnishing an imitation scheduled drug if the person intentionally or knowingly trafficks in or furnishes an imitation scheduled drug to a person who is: A. At least 18 years of age. Violation of thi…

1. Except as provided in subsection 4, a person is guilty of cultivating marijuana if: A. The person intentionally or knowingly grows or cultivates marijuana. Violation of this paragraph is a Class E crime; or [PL 2009, c. 631, §2 (AMD); PL 2009, c. 631, §51 (AFF).] B. The person…

1. A person is guilty of illegal importation of scheduled drugs if the person intentionally or knowingly brings, carries or transports a scheduled drug other than marijuana into the State from another state or country, unless the person is authorized to import or to possess the s…

1. A person is guilty of aggravated illegal importation of a scheduled drug if the person violates section 1118 and: A. At the time of the offense, the person has one or more prior convictions for any Class A, B or C offense under this chapter or for engaging in substantially sim…

1. For purposes of this section, unless the context otherwise indicates, the following terms have the following meanings: A. "Methamphetamine catalyst" means any substance that has been used, is being used or is intended to be used to activate, accelerate, extend or improve a che…

1. Minimum term of imprisonment. Except as otherwise provided in subsections 2 and 3, for a person convicted of violating section 1105‑A, 1105‑B, 1105‑C, 1105‑D or 1118‑A the minimum term of imprisonment, which may not be suspended, is as follows: A. When the sentencing class is …

1. Fine based on value of scheduled drugs at time of offense. As authorized by section 1706, subsection 3, if the State pleads and proves the value at the time of the commission of a crime of a scheduled drug that is the basis for a conviction under section 1103, 1105‑A, 1105‑B, …

The Criminal Law Advisory Commission, established by Title 5, section 12004-I, subsection 52, is created for the purpose of conducting a continuing study of the criminal law of Maine.

1. The commission shall be composed of 9 members to be appointed by the Attorney General. The members shall be qualified by reason of their experience in the prosecution or defense of criminal cases or by reason of their knowledge of the criminal law. At least 2 members shall be …

1. The Senate and House chairs of the joint standing committee of the Legislature having jurisdiction over the Maine Criminal Code and the Maine Juvenile Code, or their designees, serve as consultants to the commission. The Chief Justice of the Supreme Judicial Court shall appoin…

1. It shall be the duty of the commission: A. To examine the sections of the Revised Statutes outside of the Criminal Code which pertain to the criminal law and to draft such amendments to those sections as the commission deems advisable in light of the Criminal Code; [PL 1975, c…

1. The Attorney General shall notify all members of the time and place of the first meeting. At that time the commission shall organize, elect a chair, vice-chair and secretary-treasurer and adopt rules as to the administration of the commission and its affairs. The commission sh…

The members of the commission shall be compensated according to the provisions of Title 5, chapter 379.

The commission shall be authorized on behalf of the State to accept federal funds and may seek the advice and assistance of the Criminal Justice Planning and Assistance Agency in carrying out its duties.

The general purposes of the provisions of this Part are to: [PL 2019, c. 113, Pt. A, §2 (NEW).] 1. Prevent crime. Prevent crime through the deterrent effect of sentences, the rehabilitation of persons and the restraint of individuals when required in the interest of public safety…

1. Sentences imposed on individuals and organizations. Every person convicted of a crime must be sentenced in accordance with the provisions of this Part. 2. Sentencing alternatives for individuals. The court shall sentence an individual convicted of a crime to at least one of th…

1. Notice to those interested in or affected by conviction. If an organization is convicted of a crime, the court may, in addition to or in lieu of imposing other authorized penalties, sentence the organization to give appropriate publicity to the conviction by notice to the clas…

1. Mandatory forfeiture. As part of every sentence imposed, except as provided in subsection 2, a court shall order that a firearm must be forfeited to the State if: A. That firearm constitutes the basis for conviction under: (1) Title 15, section 393; (2) Section 1105‑A, subsect…

In imposing a sentencing alternative pursuant to section 1502 that includes a term of imprisonment, the court shall set a definite term of imprisonment.

1. Class A, Class B or Class C crimes. In imposing a sentencing alternative pursuant to section 1502 that includes a term of imprisonment for a Class A, Class B or Class C crime, in setting the appropriate length of that term as well as any unsuspended portion of that term accomp…

1. Sentence. A person convicted of the crime of murder must be sentenced to imprisonment for life or for any term of years that is not less than 25. The sentence of the court must specify the length of the sentence to be served and must commit the person to the Department of Corr…

1. Maximum terms of imprisonment dependent on crime class. Unless a different maximum term of imprisonment is specified by statute, the maximum term of imprisonment is as follows: A. In the case of a Class A crime, 30 years; [PL 2019, c. 113, Pt. A, §2 (NEW).] B. In the case of a…

Unless the law that the individual is convicted of violating expressly provides that an authorized term of imprisonment may not be suspended, if the individual is eligible for probation as authorized by chapter 67, subchapter 1 or administrative release as authorized by chapter 6…

If a court imposes a sentencing alternative pursuant to section 1502 that includes a term of imprisonment, in setting the appropriate length of that term, as well as an unsuspended portion of that term, if any, the court may not consider the potential impact of deductions under c…

If a court finds that an individual has met the burden of proving incapacity to pay a fine pursuant to section 1702, subsection 2, the court may not impose a term of imprisonment or any other sentencing alternative involving imprisonment solely for the reason that the individual …

1. Court to state whether sentence is served concurrently or consecutively; consecutive sentence contingent upon certain factors. The court shall state in the sentence of imprisonment whether a sentence must be served concurrently with or consecutively to any other sentence previ…

Notwithstanding section 1608, when an individual subject to an undischarged term of imprisonment is convicted of a crime committed while in execution of any term of imprisonment, is convicted of a crime committed during a stay of execution of any term of imprisonment, is convicte…

1. Class D or Class E crimes. The court shall specify a county jail as the place of imprisonment for an individual convicted of a Class D or Class E crime, except that, if a sentence to a term of imprisonment in a county jail is consecutive to or is to be followed by a sentence t…

A juvenile who has been bound over, pursuant to Title 15, section 3101, subsection 4, who is subsequently, as to the juvenile crime's adult counterpart, convicted and sentenced to a sentencing alternative involving imprisonment and who has not attained 18 years of age at the time…

In the event a witness in a grand jury or criminal proceeding has been ordered confined by a court in the State as a remedial coercive sanction for refusing to comply with an order of the court to testify or provide evidence, and that witness is already in execution of an undisch…

In imposing a sentencing alternative pursuant to section 1502 that includes a fine, the court shall set a specific amount of money.