Maine § 17-A §1111-A Use of drug paraphernalia

Maine Statutes

§ 17-A §1111-A — Use of drug paraphernalia

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

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, packaging, repackaging, storing, containing or concealing a scheduled drug in violation of this chapter or Title 22, section 2383, except that this section does not apply to a person who is authorized to possess cannabis for medical use pursuant to Title 22, chapter 558‑C, to the extent the drug paraphernalia is used for that person's medical use of cannabis; to a person who is authorized to possess cannabis pursuant to Title 28‑B, to the extent the drug paraphernalia is used for that person's adult use of cannabi

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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, packaging, repackaging, storing, containing or concealing a scheduled drug in violation of this chapter or Title 22, section 2383, except that this section does not apply to a person who is authorized to possess cannabis for medical use pursuant to Title 22, chapter 558‑C, to the extent the drug paraphernalia is used for that person's medical use of cannabis; to a person who is authorized to possess cannabis pursuant to Title 28‑B, to the extent the drug paraphernalia is used for that person's adult use of cannabis; or to a cannabis store licensed pursuant to Title 28‑B, to the extent that the drug paraphernalia relates to the sale or offering for sale of cannabis by the cannabis store. It includes, but is not limited to:
2.
For purposes of this section, drug paraphernalia does not include hypodermic apparatuses.
3.
In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
4.
4-A.
Except as provided in Title 22, chapter 558‑C or in Title 28‑B, a person is guilty of use of drug paraphernalia if:
4-B.
Except as provided in Title 22, chapter 558‑C or in Title 28‑B, a person commits a civil violation if:
5.
6.
7.
8.
9.
Drug paraphernalia possessed in violation of this section is declared to be contraband and may be seized and confiscated by the State.
10.
It is an affirmative defense to prosecution under this section that the drug paraphernalia used or possessed is used or possessed for the propagation, cultivation or processing of hemp.

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Legislative History

PL 1981, c. 266 (NEW). PL 1981, c. 531, §§1-5 (AMD). IB 1999, c. 1, §§4,5 (AMD). PL 2001, c. 383, §§135-141 (AMD). PL 2001, c. 383, §156 (AFF). PL 2003, c. 61, §8 (AMD). PL 2005, c. 386, §DD1 (AMD). PL 2005, c. 527, §§10,11 (AMD). PL 2007, c. 476, §44 (AMD). IB 2009, c. 1, §2 (AMD). RR 2009, c. 2, §39 (COR). PL 2011, c. 464, §20 (AMD). RR 2015, c. 1, §11 (COR). PL 2017, c. 409, Pt. B, §§6, 7 (AMD). PL 2019, c. 12, Pt. B, §10 (AMD). PL 2021, c. 434, §§6, 7 (AMD). PL 2021, c. 669, §1 (AMD).