Drug trafficking laws in Maine are as follows:
Under 17-A M.R.S. § 1103(3), possessing certain amounts of drugs lets a jury infer that you were trafficking. Prosecutors can rely on this inference even without evidence of a sale. The amounts that trigger it are:
- 14 grams or more of cocaine, including crack (cocaine base),
- 4 grams or more of heroin,
- 4 grams or more of fentanyl powder,
- 14 grams or more of methamphetamine,
- 90 or more pills, capsules, tablets, vials, syringes or other units containing any narcotic drug other than heroin,
- Any number of pills or other substances containing a total of 800 milligrams or more of oxycodone,
- Any number of pills or other substances containing a total of 100 milligrams or more of hydromorphone,
- 14 grams or more, or 30 or more pills, of MDMA or similar drugs,
- Any liquid containing LSD, 50 or more LSD squares, stamps or tablets, or 2,500 micrograms or more of LSD in total,
- More than one pound of marijuana.
Prosecutors do not need direct proof of what you planned to do with these drugs. Possessing these amounts can be enough to support a trafficking charge. However, the inference is permissive, not mandatory. A jury may weigh all the evidence and does not have to find trafficking.
Trafficking a Schedule W drug, such as cocaine, heroin, fentanyl powder, methamphetamine or oxycodone, is a Class B crime. A Class B crime carries up to 10 years in prison and a fine of up to $20,000. Certain aggravating factors can raise the charge to aggravated trafficking under 17-A M.R.S. § 1105-A.
Remember, these are just Maine state laws regarding drug trafficking. The federal government also has the ability to regulate drug trafficking, as well.
If federal prosecutors want to, they can pick up state cases in Maine and tack on federal criminal charges, as well. These can increase the penalties that you could be facing.
