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What are the penalties for drug trafficking in Maine?

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Sentencing for Drug Trafficking Charges in Maine

Learn More An Overview of Drug Trafficking Offenses in Maine

Penalties for drug trafficking in Maine

Under Maine law, drug trafficking is regarded as the sale and distribution of illegal drugs. A  person who knowingly possesses certain amounts or concentrations of scheduled drug(s) may be charged with drug trafficking.

According to the state of Maine, Title 17-A §1105-A, a person is guilty of aggravated trafficking in a scheduled drug if the person violates section 1103 and:

The person traffics in a scheduled drug with a child who is in fact less than 18 years of age and the drug is:

  1. A schedule W drug. Violation of this subparagraph is a Class A crime;
  2. Marijuana in a quantity of 20 pounds or more. Violation of this subparagraph is a Class A crime;
  3. A schedule X drug. Violation of this subparagraph is a Class B crime;
  4. Marijuana in a quantity of more than one pound. Violation of this subparagraph is a Class B crime;
  5. A schedule Y drug. Violation of this subparagraph is a Class C crime; or
  6. A schedule Z drug. Violation of this subparagraph is a Class C crime;

Under Title 17-A §1103, unlawful trafficking in scheduled drugs is when the person intentionally or knowingly trafficks in what the person knows or believes to be a scheduled drug, which is in fact a scheduled drug.

If a person uses a vehicle to facilitate the trafficking of a scheduled drug, the court may, in addition to other authorized penalties listed below, suspend the person’s driver’s license, permit, privilege to operate a motor vehicle or right to apply for or obtain a license for a period not to exceed 5 years.

As you might expect, penalties for any type of trafficking offense are harsh. How harsh depends on the type and amount of drug trafficked.

As outlined above, Maine has four different drug schedules (W, X, Y, Z), as follows:

  • Schedule W: includes drugs like heroin, morphine, amphetamines, cocaine, etc.
  • Schedule X: includes chlorhexadol, sulfondiethylmethane, hashish, ketamine
  • Schedule Y: includes phenobarbital, codeine, diazepam, chloralhydrate
  • Schedule Z: Includes all other prescription drugs, marijuana, synthetic carbinoids

Schedule W is the most serious classification.

Drug trafficking is treated as a Class A, B, C, or D crime in Maine and the penalties are as follows:

Class A crimes (felonies)

  • Class A crimes include trafficking in Schedule W drugs such as heroin, morphine, amphetamines, cocaine, etc.
  • Class A crimes are considered a felony and are punishable by up to 30 years in prison and a $50,000 fine.

Class B crimes (felonies)

  • Includes trafficking in a Schedule W drug, 20 pounds or more of marijuana or growing 500 or more marijuana plants
  • Penalty of up to 10 years in state prison and a fine of up to $20,000

Class C crimes (felonies)

  • Includes trafficking in a Schedule X drug, possessing more than one pound of marijuana but less than 20 pounds, and growing between 100 and 500 marijuana plants
  • Penalty of up to five years in state prison and a fine of up to $5,000

Class D crimes (misdemeanors)

  • Includes trafficking in Schedule Y or Schedule Z drugs
  • Penalty of up to 364 days in county jail and a fine of up to $2,000

Class E crimes (misdemeanors)

  • Class E drug crimes are considered misdemeanors and are punishable by up to 6 months in jail and a $500 fine.

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