Maine § 17-A §1103 Unlawful trafficking in scheduled drugs

Maine Statutes

§ 17-A §1103 — Unlawful trafficking in scheduled drugs

Maine·Title 17-A MAINE CRIMINAL CODE·Part 2 SUBSTANTIVE OFFENSES·Ch. 45 DRUGS

1. 1-A. Except as provided in subsection 1‑B, a person is guilty of unlawful trafficking in a scheduled drug if the person intentionally or knowingly trafficks in what the person knows or believes to be a scheduled drug, which is in fact a scheduled drug, and the drug is: 1-B. A person is not guilty of unlawful trafficking in a scheduled drug if the conduct that constitutes the trafficking is either: 2.

3.Proof that the person intentionally or knowingly possesses any scheduled drug that is in fact of a quantity, state or concentration as provided in this subsection, gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person is unlawfully trafficking in scheduled drugs: 4. 5.

6.If a person uses a motor vehicle to facilitate the trafficking of a sched

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1.
1-A.
Except as provided in subsection 1‑B, a person is guilty of unlawful trafficking in a scheduled drug if the person intentionally or knowingly trafficks in what the person knows or believes to be a scheduled drug, which is in fact a scheduled drug, and the drug is:
1-B.
A person is not guilty of unlawful trafficking in a scheduled drug if the conduct that constitutes the trafficking is either:
2.
3.
Proof that the person intentionally or knowingly possesses any scheduled drug that is in fact of a quantity, state or concentration as provided in this subsection, gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person is unlawfully trafficking in scheduled drugs:
4.
5.
6.
If a person uses a motor vehicle to facilitate the trafficking 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. 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.
7.
It is an affirmative defense to prosecution under this section that the substance trafficked in is hemp.

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Legislative History

PL 1975, c. 499, §1 (NEW). PL 1977, c. 647, §§2,3 (AMD). PL 1979, c. 127, §128 (AMD). PL 1987, c. 164, §§1,2 (AMD). PL 1987, c. 535, §§1,2 (AMD). PL 1989, c. 334, §3 (AMD). PL 1989, c. 336 (AMD). PL 1989, c. 344, §1 (AMD). PL 1989, c. 384, §2 (AMD). PL 1989, c. 850, §§2,3 (AMD). PL 1989, c. 924, §§8,9 (AMD). PL 1991, c. 548, §A10 (AMD). PL 1993, c. 674, §§1,2 (AMD). PL 1995, c. 635, §2 (AMD). PL 1997, c. 481, §§2,3 (AMD). PL 1999, c. 374, §§2,3 (AMD). PL 1999, c. 422, §§1-3 (AMD). PL 1999, c. 442, §1 (AMD). PL 1999, c. 453, §§6,7 (AMD). PL 1999, c. 790, §§A19,20 (AMD). PL 2001, c. 383, §§114-117 (AMD). PL 2001, c. 383, §156 (AFF). PL 2001, c. 419, §§11-13 (AMD). PL 2003, c. 61, §2 (AMD). PL 2015, c. 346, §4 (AMD). PL 2017, c. 409, Pt. B, §3 (AMD). PL 2019, c. 12, Pt. B, §3 (AMD). PL 2021, c. 396, §3 (AMD). PL 2025, c. 173, §4 (AMD).