Maine Heroin, Opiates, and Opioids 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)

Per § 1107-A, a person is guilty of the unlawful possession of a controlled substance (a Class C crime) if they are aware of possessing the following substances:

• More than 200 milligrams of heroin
• More than 200 milligrams of oxycodone
• More than 200 milligrams of hydrocodone
• More than 200 milligrams of hydromorphone
• More than 200 milligrams of fentanyl powder

If convicted, they face up to five years of jail time. If a person has a prior conviction for a drug offense and they possess any amount of the substances noted above, they are guilty of a Class C crime.

A person who possesses any other Schedule W or X opiate or opioid is guilty of a Class D crime. They face up to a one-year jail sentence.

Possessing any amount of an opioid or opiate classified as a Schedule Y or Z substance is a Class E crime, punishable by up to six months in jail.

It's an affirmative defense if a person has a valid prescription for the controlled substance and intends to use it for legitimate medical use.

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

A person who trafficks the following substances with knowledge and intent is guilty of the following (§ 1103):

• Schedule W opioid or opiate (Class B crime): Up to 10 years in prison
• Schedule X opioid or opiate (Class C crime): Up to five years in prison
• Schedule Y or Z opioid or opiate (Class D crime): Up to one year in jail

Possessing the following amount of opioids or opiates raises a permissible inference that the person is trafficking drugs:

• Four or more grams of heroin
• Four or more grams of fentanyl powder
• 90 or more pills, capsules, tablets, vials, ampules, syringes, or units containing any narcotic drug other than heroin
• Any quantity of pills, capsules, tablets, units, compounds, mixtures, or substances that, in the aggregate, contains 800 milligrams or more of oxycodone or 100 milligrams or more of hydromorphone

If someone traffics opioids or opiates using a motor vehicle, the court may suspend their driver's license for up to five years. (§ 1103)

A person who is aware of bringing, carrying, or transporting opiates or opioids into Maine from another state or country is guilty of the illegal importation of scheduled drugs (Class B crime). (§ 1118) They face up to 10 years in prison. (§ 1604)

Aggravating factors (see below) can increase penalties.

Definition: Furnishing means giving, dispensing, administering, prescribing, delivering, or otherwise transferring opioids or opiates to another or possessing those substances with the intent to furnish them to another person (§ 1101).

A person is guilty of the unlawful furnishing of opiates or opioids if they furnish them with intent and knowledge to another person. Furnishing a Schedule W opioid or opiate is a Class B Crime. Furnishing Schedule X, Y, or Z opioids or opiates is a Class C crime (§ 1106).

Proof that a person possessed the following amounts of a controlled substance gives rise to a permissible inference that the person is furnishing it:

• Heroin: two or more grams
• Fentanyl powder: two or more grams
• Narcotic drugs other than heroin: Any quantity (in the aggregate) or 200 milligrams or more

Aggravating factors (see below) can increase penalties.

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 opiates or opioids into the human body is guilty of the use of drug paraphernalia. (§ 1111)

Upon conviction, they face the following penalties:

• If the person they furnished drug paraphernalia is under 16 years old, it is a Class D crime. If convicted, they face up to one year of jail time.
• If the person they furnished drug paraphernalia to is 16 or older, it is a Class E crime. If convicted, the person faces up to six months of jail time.

A person is guilty of aggravated illegal importation of a scheduled drug if they violate § 1118 and:

• They have one or more prior convictions for a Class A, B, or C criminal offense
• They possessed a firearm while committing a trafficking offense
• The offender enlists or solicits someone under the age of 18 to illegally import opioids or opiates
• A person's death occurred due to the use of the substance they trafficked

If the substance imported was a Schedule W drug, the person is guilty of a Class A crime. If convicted, they face up to 30 years in prison. If the substance was a Schedule X, Y, or Z drug, they are guilty of a Class B crime. If convicted, they face up to 10 years in prison. (§ 1118-A)

Importing the following amounts of opioids or opiates is a Class A crime:

• Heroin: six or more grams, or 270 or more individual bags, folds, packages, envelopes, or containers
• Narcotic drugs other than heroin: 300 or more pills, capsules, tablets, vials, ampules, syringes, or units that contain 8,000 or more milligrams of oxycodone or 1,000 milligrams or more of hydromorphone

If someone violates § 1106 by furnishing a Schedule W opiate or opioid to another person, and any of the following circumstances are present, they are guilty of a Class B crime (§ 1105-C):

• They furnish it 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 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 18 years of age to furnish opioids or opiates
• The use of opiates or opioids furnished that the defendant furnished causes the death of another person or is a contributing factor to another person's death

If someone violates § 1106 by furnishing a Schedule X, Y, or Z opiate or opioid and any of the above-listed circumstances exist, they are guilty of a Class C crime.

Furnishing the following amounts of opioids or opiates is a Class B crime:

• Six or more grams of heroin or 270 or more individual bags, folds, packages, envelopes, or containers containing heroin
• 300 or more pills, capsules, tablets, or other units of any narcotic drug other than heroin that, in the aggregate, contains 8,000 or more milligrams of oxycodone or 1,000 or more milligrams of hydromorphone

If someone furnishes a Schedule W opiate or opioid to another person, and the use of it results in serious bodily injury, the person who furnished it is guilty of a Class C crime.

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

If a defendant used a dangerous weapon during the commission of a Class B, C, D, or E crime, the sentencing class for the crime is one class higher than it would otherwise be. (§ 1604)