Maine Cocaine Laws

Maine Code Revised Title 17-A, Chapter 45: Drugs

• ME. Rev. St. 17-A, § 1103 (unlawful trafficking in scheduled drugs)
• ME. Rev. St. 17-A, § 1105-A (aggravated trafficking of scheduled drugs)
• ME. Rev. St. 17-A, § 1105-C (aggravated furnishing of scheduled drugs)
• ME. Rev. St. 17-A, § 1106 (unlawfully furnishing scheduled drugs)
• ME. Rev. St. 17-A, § 1107-A (unlawful possession of scheduled drugs)
• ME. Rev. St. 17-A, § 1111 (use of drug paraphernalia)
• ME. Rev. St. 17-A, § 1118 (illegal importation of scheduled drugs)
• ME. Rev. St. 17-A, § 1604 (imprisonment for crimes other than murder)

A person is guilty of the unlawful possession of cocaine (a Class B crime) if they are aware of possessing either of the following:

• 14 or more grams of cocaine
• Four or more grams of cocaine in the form of cocaine base

If convicted, the person faces up to 10 years in prison (§ 1107-A).

A person is guilty of a Class C crime if they possess either of the following:

• Two or more grams of cocaine
• Two or more grams of cocaine in the form of cocaine base

If convicted, they face up to five years in jail. If someone possesses any amount of cocaine and has a prior drug crime conviction, they are guilty of a Class C crime. Upon conviction, they face up to five years in jail.

Possession of less than two grams of cocaine is a Class D crime. Upon conviction, they face up to one year in jail.

Trafficking refers to making, creating, manufacturing, growing, cultivating, selling, bartering, trading, exchanging, or otherwise furnishing cocaine for consideration. It also refers to the possession of cocaine with the intent to commit any of those acts (§ 1101).

A person who trafficks cocaine is guilty of a Class B crime (§ 1103). Possessing 14 or more grams of cocaine gives rise to a permissible inference that the person is trafficking it.

• If convicted, the person faces up to 10 years in prison (§ 1604). If they used a motor vehicle to traffic cocaine, the court can suspend the person's driver's license for up to five years (§ 1103).

A person who is aware of bringing, carrying, or transporting cocaine into Maine from another state or country is guilty of illegal importation of scheduled drugs (a Class B crime) (§ 1118).

• Upon conviction, they face up to 10 years in prison (§ 1604).

If a person violates § 1118 by transporting cocaine and one of the following factors apply, they are guilty of a Class A crime and could face up to 30 years in prison (§ 1118-A):

• They have one or more prior convictions on their criminal record for a Class A, B, or C criminal offense under Chapter 45
• They possessed a firearm while committing a trafficking offense
• They trafficked 112 or more grams of cocaine or 32 or more grams of cocaine base
• The offender enlists or solicits someone under the age of 18 to import cocaine
• A person's death occurred due to the use of the cocaine they trafficked

Furnishing means giving, dispensing, administering, prescribing, delivering, or otherwise transferring cocaine to another or possessing cocaine with the intent to furnish it to someone (§ 1101).

A person is guilty of unlawful furnishing of cocaine (a Class C crime) if they furnish it to another person with knowledge and intent. Upon conviction, they face up to five years in jail. (§ 1106). Proof that a person was aware of possessing more than two or more grams of cocaine gives rise to a permissible inference that the person is furnishing it.

A person is guilty of a Class B crime if they violate § 1106 and any of the following aggravating circumstances exists (§ 1105-C):

• They furnish cocaine to someone under the age of 18
• They have one or more prior convictions for a Class A, B, or C offense
• They possess, use, carry, or arm themselves with a firearm in furtherance of the offense.
• They furnish 112 grams or more of cocaine
• They are on a school bus or within 1,000 of a school or safe zone when they commit the offense
• They enlist, solicit, or conspire with someone under the age of 18 to furnish cocaine
• The use of cocaine furnished by the defendant causes the death of another person or is a contributing factor to another person's death

Upon conviction, the person faces up to 10 years in prison.

If someone furnishes cocaine to another person and the use of the cocaine results in serious bodily injury, the person who furnished it is guilty of a Class C crime. If convicted, they face up to five years in jail.

A person who trafficks or furnishes drug paraphernalia (e.g., syringes, scales, etc.) knowing (or under circumstances when they should know) that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce cocaine into the human body is guilty of the use of drug paraphernalia. (§ 1111)

Upon conviction, they face the following penalties based on the age of the person to whom they trafficked or furnished the paraphernalia:

• If the person is under 16 years old, it is a Class D crime and they face up to one year of jail time
• If the person is over 16 years old, it is a Class E crime and the offender faces up to six months of jail time

If someone commits a Class A, B, or C offense and uses a firearm against another person, the following mandatory minimum prison sentences apply (§ 1125):

• Class A crime: four years
• Class B crime: two years
• Class C crime: one year

In addition, if the state of Maine proves the defendant committed a Class B, C, D, or E crime while using a dangerous weapon, the sentencing class for the crime is one class higher than it would otherwise be. (§ 1604)