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How is aggravated drug trafficking defined in Maine?

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.

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