Maine § 17-A §1107-A Unlawful possession of scheduled drugs

Maine Statutes

§ 17-A §1107-A — Unlawful possession of scheduled drugs

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

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:

2.A person is not guilty of unlawful possession of a scheduled drug if the conduct that constitutes the possession is expressly:

3.It is an affirmative defense to prosecution under this section that:

4.It is an affirmative defense to prosecution under subsection 1, paragraph B, subparagraphs (4) to (6); subsection 1, paragraph B‑1, subparagraphs (4) 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, t

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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:
2.
A person is not guilty of unlawful possession of a scheduled drug if the conduct that constitutes the possession is expressly:
3.
It is an affirmative defense to prosecution under this section that:
4.
It is an affirmative defense to prosecution under subsection 1, paragraph B, subparagraphs (4) to (6); subsection 1, paragraph B‑1, subparagraphs (4) 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.
5.
It is an affirmative defense to prosecution under this section that the substance furnished is:
6.
Unlawful possession of a scheduled drug does not include possession of a residual amount of any scheduled drug that is contained in one or more hypodermic apparatuses.

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Legislative History

PL 2001, c. 383, §127 (NEW). PL 2001, c. 383, §156 (AFF). PL 2003, c. 61, §7 (AMD). PL 2005, c. 252, §1 (AMD). PL 2005, c. 430, §4 (AMD). PL 2005, c. 430, §10 (AFF). PL 2005, c. 442, §1 (AMD). PL 2007, c. 55, §2 (AMD). PL 2007, c. 346, Pt. B, §2 (AMD). PL 2007, c. 476, §43 (AMD). PL 2009, c. 67, §2 (AMD). PL 2011, c. 464, §19 (AMD). PL 2015, c. 308, §§1, 2 (AMD). PL 2015, c. 346, §6 (AMD). PL 2015, c. 496, §§6-9 (AMD). PL 2017, c. 409, Pt. B, §5 (AMD). PL 2019, c. 12, Pt. B, §§8, 9 (AMD). PL 2021, c. 434, §§2, 3 (AMD). PL 2025, c. 326, §§1, 2 (AMD).