A trafficking charge may be upgraded to aggravated drug trafficking if any of the following elements are involved:
- Trafficking a scheduled drug to a minor (under 18 years old)
- Prior convictions for aggravated drug trafficking in Maine or elsewhere
- Use or possession of a firearm in carrying out the crime
- Trafficking the following amounts of prohibited substances (examples only):
- More than 112 grams of cocaine or 32 grams or more of cocaine base
- 300 methamphetamine pills or 100 grams or more
- Six grams or more of heroin or more than 270 bags containing heroin
- 300 or more pills of narcotics other than heroin
- Trafficking in a school bus or within 1,000 feet of an elementary or secondary school/safe zone
- Enlisting the help of a minor
- The illicit drug causes the death of a person
- The illicit drug causes serious bodily injury
Aggravated drug trafficking is considered so serious that a minimum required sentence is imposed for these crimes:
- For Class W drugs or 20 pounds of marijuana (or more): a Class A crime with a mandatory minimum penalty of four years in prison and a $400 fine.
- For Class X drugs or between one pound and 20 pounds of marijuana: a Class B crime with a mandatory minimum penalty of two years in prison and a $400 fine.
- For Class Y or Z drugs: a Class C crime with a mandatory minimum penalty of one year in prison and a $400 fine.
