Maine law criminalizes the possession, sale or “furnishing,” and distribution or “trafficking” of cocaine. While most everyone knows coke is illegal, it’s still commonly used and sold around the nation, including in Maine. For example, in 2013 a man was arrested in Portland for having 8 lbs. of cocaine that he intended to sell.
Drug Classifications in Maine
Maine is unique in the way it classifies illegal drugs. The federal government uses a schedule system of Schedule I to V to classify drugs. Most states follow that system. However, Maine has a schedule of W-Z. Cocaine is in the highest drug level of Schedule W. This means the possession, sale, or distribution of cocaine is punished most harshly.
Maine Cocaine Laws
The following chart outlines the cocaine laws in Maine.
||Maine Code Revised Title 17-A, Chapter 45: Drugs
||Generally, possessing coke or crack for personal use is a Class D crime. If you have had a prior drug conviction, your charge can be upgraded to a Class C crime.
Class D crimes can be penalized by up to one year in jail and a fine of up to $2,000, while a Class C crime is subject to no more than five years in prison and a $5,000 fine.
Note that if you have 7 grams or more of cocaine or 2 grams or more of cocaine base you’ll be presumed to be selling or “furnishing” coke.
||Furnishing, giving, administering, delivering, or otherwise transferring cocaine is a crime, as is possessing coke with the intent to do any of those.
While typically selling coke or crack is a Class C crime, it’s Class B if aggravated by some circumstances, including:
- Selling to a child under 18 years of age
- Using or soliciting the help of a child under 18 years of age to traffick in coke
- Using a firearm in the crime
- Having one or more prior convictions for any Class A, B or C offense drug offense
- Trafficking at least 112 grams of cocaine or more or cocaine base of 32 grams or more
- Trafficking on a school bus or within 1,000 feet of a private or public elementary or secondary school or an athletic field, park, playground, or recreational facility that’s designated a “safe zone”
- Death is in fact caused by the use of the cocaine
||Trafficking is creating, growing, selling, exchanging, or otherwise furnishing coke for money or possessing cocaine to do any of the those things.
If a person intentionally or knowingly trafficks in cocaine, a schedule W drug, then it’s a Class B violation. Note that possession of 14 grams or more of cocaine is presumed to be trafficking, not for personal use or a furnishing charge.
Typically, trafficking cocaine is a Class B violation, but is upgraded to aggravated trafficking and a Class A violation for all of the same factors listed under the selling category.
Class A crimes can be punished by up to 30 years in prison and a $50,000 fine. Class B violations are subject to up to 10 years in prison and a $20,000 fine.
In addition, if you use a car to facilitate furnishing or trafficking in coke, like hiding it under the spare tire and driving it in to Maine, then your driver’s license will be suspended for up to 5 years after your prison time ends.
Getting Legal Help
If you or a loved one has been arrested for a cocaine-related crime, it’s time to hire a drug crime defense lawyer or ask the court for a public defender.
Note: State laws change frequently. Please conduct your own legal research or contact a knowledgeable attorney to verify these state drug crime laws.
Research the Law