In this post, we will survey Maine’s laws on the possession and trafficking of “scheduled drugs,” and then discuss the...
Read More
By Appt. Only
19 Commercial StreetPortland, ME 04101
Main Office
119 Main StKennebunk, ME 04043
Call Now To Get Your Life Back
207-571-8146We Fight To Have Your Charges Dismissed
Maine Drug Possession Attorneys
AVOID A
CRIMINAL RECORD
OUR RATES INCLUDE
TRIAL FEES*
OVER 115+
GOOGLE REVIEWS
OVER 165+
AVVO REVIEWS
Drug Possession Defense Attorneys in Maine
Even though many people think that Maine is too small of a state to have major drug trafficking or substance abuse, Cumberland County has been included as one of the New England High-Intensity Drug Trafficking Areas.
The two most serious drug problems in Maine involve marijuana and diverted pharmaceutical drugs, but cocaine and heroin also show up in moderate quantities throughout the state.
The drug enforcement agents in Maine are notorious for arrested residents of Maine and other states as well for possession of any amount of illicit drugs.
More than 2,000 people were arrested in 2006 in Maine for possession of marijuana and more than 400 of those arrested were juveniles. Drug possession is one of the most popular juvenile offenses committed across the country, and the penalties for this drug crime depend on the classification of the drug and the amount found.
The following drug schedule is taken from the Maine Revised Statutes Title 17-A, Chapter 45, §1102:
- Schedule W: includes cocaine, crack cocaine, heroin, ecstasy, methamphetamine, and Vicodin
- Schedule X: includes hallucinogenic drugs, hashish, and drugs that depress the central nervous system
- Schedule Y: Codeine, Barbitol and other prescription drugs
- Schedule Z: marijuana, all prescription drugs other than those included in previous schedules
Table of Contents
Possession of Controlled Substances Charges in Maine
In Maine, it’s illegal to possess controlled substances. “Controlled substances,” however, are any drugs that the government regulates. This means that it’s not just the drugs that are obviously illegal, like cocaine or heroin.
Prescription drugs are also “controlled substances” because you need a prescription from a doctor in order to use them lawfully.
This wide meaning of what a “controlled substance” is, makes it very easy to illegally possess drugs, without even knowing it.
Table of Contents
Classes of Controlled Substances in Maine
The state of Maine classifies drugs into four different drug “Schedules.”
- Schedule W: is where the most serious drugs are found. Schedule W includes dangerous, highly addictive, drugs that have little to no medicinal purpose, like cocaine and heroin.
- Schedule X: includes addictive drugs and other hallucinogens that pose less of a threat, or have a higher medicinal value, than Schedule W drugs. The types of drugs included in Schedule X are, for example, peyote, ketamine, and other hallucinogenic substances that come from plants or mushrooms.
- Schedule Y: The substances listed in Schedule Y include predominantly prescription drugs. These drugs have high medicinal value, but can also be very addictive, and therefore easily abused. Included in Schedule Y are drugs like codeine and valium.
- Schedule Z: This is a catch-all category and includes all other prescription and non-prescription drugs not included in the other three Schedules. Marijuana is among the drugs listed in Schedule Z.
For a complete listing of the drugs listed in each one of Maine’s Schedules, you can read more in this post in our blog.
Penalties for Drug Possession in Maine
If you get convicted for drug possession, the penalty that you could face depends on the nature of the drug that you were in possession of, and how much of it you had.
Generally, drug possession is a misdemeanor charge. The exact penalties depend on which of Maine’s controlled substance Schedules the drug belongs to:
| Type of Crime | Jail time | Fine | |
| Schedule W | Class D (Misdemeanor) | Up to 364 days | $2,000 |
| Schedule X | Class D (Misdemeanor) | Up to 364 days | $2,000 |
| Schedule Y | Class E (Misdemeanor) | Up to 6 months | $1,000 |
| Schedule Z | Class E (Misdemeanor) | Up to 6 months | $1,000 |
However, possession of certain drugs carries elevated penalties. Possession of any of the following drugs is a Class C felony drug charge, which comes with a fine of up to $5,000, and up to 5 years in jail:
- Hydrocodone,
- Oxycodone,
- Methamphetamine,
- Hydromorphone, also known as Dilaudid,
- Heroin, or
- Crack cocaine, if you’ve had a prior drug conviction.
While a conviction for possessing these drugs comes with higher fines and a longer jail sentence, possession of over a specific amount of certain Schedule W drugs can turn charges from a Class D misdemeanor into a Class B felony. Class B felonies carry fines of up to $20,000, and up to 10 years in prison. These are the Schedule W drugs, and the amounts required, that can result in these elevated penalties:
- Possession of 14 or more grams of either cocaine, or methamphetamine, or
- Possession of 4 grams or more of crack cocaine.
What It Means to “Possess Drugs” in Maine
Now that we’ve been over what “controlled substances” are, and the kinds of penalties that come with a conviction for possessing them, what does it actually mean to “possess drugs”?
This might seem like a silly question, but remember that it’s up to the prosecutor to prove, beyond a reasonable doubt, that you were doing this, in order for you to be convicted on a charge for drug possession.
In order to convict you for a misdemeanor drug possession, the prosecutor has to show four things:
- You knowingly, or intentionally possessed a substance that you knew, or believed to be, a Scheduled drug, and which was, in fact, a Scheduled drug.
- That the substance was a certain type of drug,
- That the substance was of a certain weight or amount, or
- That you have a drug conviction on your criminal record.
To get a conviction for a felony-level drug possession charge, the prosecutor also has to show some of the following, as well, depending on the situation:
While some of these elements are often fairly easy for a prosecutor to show, like whether a certain drug is one of the ones listed in Maine’s Schedule of controlled substances, many of the other ones can be very problematic.
Showing that you “knowingly or intentionally” had drugs in your possession can be difficult for prosecutors to show, depending on the circumstances surrounding your arrest. Accidentally picking up the wrong luggage at the airport and then discovering that it’s full of illegal drugs would mean that you didn’t actually knowingly possess the drugs, and definitely didn’t possess them intentionally. Remember that it’s the prosecutor who has the burden of proof.
He or she has to rule out these possibilities if they’re reasonably feasible.
Even the act of possessing drugs can be difficult for prosecutors to show. “Possession” is a tricky thing. If, instead of mistakenly picking up the wrong luggage, you purposely pick up your friend at the airport, but he has drugs on him, and he subtly slides them under his seat while on the way home so he doesn’t have to have them in his pocket on the way, who has possession of the drugs? You don’t even know they’re there.
It’s situations like these that criminal defense attorneys know to look for. Defense attorneys like William T. Bly know the elements that the prosecutors need to prove, in order to get a conviction for drug possession. Just as importantly, they also know the best ways to prevent prosecutors from proving these elements in trial.
Possession of Marijuana in Maine
In Maine, we have Medical Marijuana laws that protect low-end marijuana users who self-medicate their medical issues. However, not everyone has a legitimate medical issue where a medical marijuana card would make sense.
Some people just like to smoke marijuana and as we all know, marijuana is the biggest selling recreational drug in Maine and the US. In fact, some Maine communities, such as Portland, have taken the extraordinary step of attempting to legalize marijuana within the city limits.
While medical marijuana and community coalitions to legalize marijuana have met with varied success throughout the country, possession of marijuana without a legitimate medical marijuana card is still illegal in Maine. So, what are the possible ramifications associated with being charged with possession of marijuana?
The answer is, “it depends”. Meaning, it depends on how much marijuana is actually in your possession. Anything from 2.5 ounces or less is a civil offense. Anything more than 2.5 ounces is a criminal offense, and the penalties vary greatly based on the amounts.
Civil Possession of Marijuana in Maine
In Maine, it is illegal to be in possession of marijuana without a card. However, if you’re in possession of 2.5 ounces of marijuana or less, it’s only a civil charge. That means the State can’t put you in jail. They can only assess a fine and technically, you won’t have a criminal record if things go poorly in court.
If you are in possession of 1.25 ounces or less of marijuana, a civil fine of no less than $350.00 can be assessed and no more than $600.00 may be imposed as a sanction by the court.
If you are in possession of more than 1.25 ounces of marijuana but no more than 2.5 ounces, a fine of no less than $700.00 may be assessed but no more than $1,000.00. On the high end of the scale, you’re looking at a maximum fine of $1,220.00, which includes surcharges.
Clearly, smoking marijuana (and getting caught by the police) can be an expensive habit.
Criminal Possession of Marijuana in Maine
Anytime you’re in possession of more than 2.5 ounces of marijuana, you’re likely facing criminal charges if you’re busted by the police. The larger amount of marijuana in your possession, the bigger the penalty and the more serious the charge.
- 2.5oz – 8oz marijuana is a Class E crime, for which the maximum penalty includes a fine of $1,000.00 and jail time of up to 6 months.
- 8oz – 16oz marijuana is a Class D crime, for which the maximum penalty includes a fine of $2,000.00 and jail time of up to 364 days.
- 1+ pound – 20 pounds marijuana is a Class C felony, for which the maximum penalty includes a fine of $5,000.00, 5 years in state prison and up to 2 years probation.
- 20+ pounds marijuana is a Class B felony, for which the maximum penalty includes a fine of $20,000.00, 10 years in state prison and up to 5 years probation
Consequences of a Marijuana Conviction in Maine
Whether you’re convicted of a criminal offense or it’s adjudicated as a civil offense, possession of marijuana is a drug crime, which will prevent you from receiving federal financial aid when applying to college.
On your Federal Student Aid Application, you’ll be asked if you’ve ever been convicted of a drug crime. If the answer is yes, goodbye financial aid. If you lie and answer no and the feds find out, you’re facing felony charges.
Don’t lie. Better yet, don’t end up with a conviction or adjudication.
Another issue that generally remains unspoken is entanglement in the civil forfeiture laws. If the police seize guns, money, drugs, cars, etc., during a search… you may never receive those items back under Maine’s civil forfeiture laws.
While it’s bad enough if you lose your drugs and end up with a conviction. It’s even worse if the government seizes your firearms and or cash that’s laying around the house. Cash that you worked hard to earn and never deposited in your bank account.
Contact a Maine Marijuana Defense Attorney Today!
If you’re facing marijuana possession charges, contact us to discuss your options.
You need the experience of the drug crimes defense attorneys at The Maine Criminal Defense Group. Let us help you!
Blog Posts
An Overview of Drug Trafficking Offenses in Maine
When people hear the term “drug trafficking,” they tend to think of organized crime. Many Hollywood films feature stories of...
Read More
Top Notch Firm
I highly recommend The Maine Criminal Defense Group. All the staff are very polite, compassionate and informative. They answered all my questions and came to the best solution for my situation. I appreciate their guidance through this tough period. Many thanks to Nathan Hitchcock, Bill Bly and the team.
Oustanding
Mr. Bill Bly and his team have been nothing short of phenomenal. They resolved my case with breakneck expertise. Would have liked to thank them in person. I am so thankful and fortunate I chose their firm. Highly recommend Bill Bly and the Maine Criminal Defense Group.
Excellent Service
Bill Bly did an excellent job of listening and addressing our concerns. He answered all of our questions in a timely manner and got results. I highly recommend his services!!!
A TRULY EXCELLENT ATTORNEY
I have had the honor and privilege of working with Mr. Bly who was extremely knowledgeable and thorough and whose expertise in all legal matters was truly outstanding. Mr. Bly was kind, and helpful every step of the way. I would highly recommend Mr. Bly. There can be no attorney…
William is salt of the earth
I’ve gotten to know William through numerous legal conferences and have been incredibly impressed with how serious he cares about his clients and how he is a true human who wants to take care of your future. I will always refer my clients to his firm whenever I can.
A Great Firm!
This is THE premier criminal defense firm in Maine! If any family member or friend of mine needed representation in Maine, I would have them call the Maine Criminal Defense Group! Lawyer Bill Bly and his associates are awesome. Plus Bill Bly trained at Gerry Spence’s Trial Lawyers College. That…
David W.
Changed My Opinion on Lawyers I called Bill and had a consultation. He listened intently to my case and laid out our pathway. He was straight forward, real and didn't toss me a bunch of crap. I fully expected him to fluff up the case and try to convince me…
Robert H.
THANK YOU FOR THE EXCELLENT WORK DONE ON MY CLIENT'S BEHALF Thank you very much for the excellent work performed on behalf of my client on her Maine criminal case. I appreciate the attentive service, the quality of the work and the reasonableness of your fees. As you know, part…
Ryan M.
THANK YOU ATTORNEY BLY! I WOULD TRUST ATTY BLY W/ MY LIFE ... IN FACT, I DID! There is very little in this world that scares me more than the jail cell bars being locked and knowing that I am trapped behind bars in prison. However, after a "Hit &…
Andrew S.
5 STARS FOR BILL BLY AND STAFF While on vacation in Maine, I was arrested for OUI. Prior to this happening to me, I had never been in trouble with the law before and was completely overwhelmed and embarrassed by the situation. Coming from a world away in California, I…
Aaron O.
PITBULL If you are looking for the best DUI lawyer around its Bill Bly!! A++ service and he turned a .20 DUI into vanishing air. Thanks again Bill!! You are the man!! Thanks for fighting for my rights!!
Sam T.
HIRE BILL BLY! YOU WON'T REGRET IT. My experience working with Mr. Bly has been a great experience. Never having to wait for an answer is HUGE when dealing with difficult situations. Gets back within the day if not within the hour. I would highly recommend this law firm. Give…
Brenda A.
RECOMMEND YOU TO ANYONE I want to thank you for all your help. I was in a bad place when I first came to you. You really helped me through a terrible time. I would definitely recommend you to anyone that needs help. I just wanted to say thank you…
Melissa C.
WON'T HESITATE TO REFER YOU Thank you for everything you did for my son. He and I both appreciate the hard work that you put into this case. He has been able to turn his life around now this is behind him. I know that you are paid to do…
David M.
ABOVE AND BEYOND OUR EXPECTATIONS I want to thank you for everything you have done for my family. You have gone above & beyond our expectations and you are to be commended for such a solid, compelling case. You are a great attorney and an even greater person. We have…
Robert N.
CAN'T THANK YOU ENOUGH Thank you for all your help with my OUI. When we first met I was resigned to the “fact” that I was going to be convicted of an OUI and would lose my military career over it. I must say that I was quite surprised, shocked…
Manuel G.
WILLINGNESS TO ASSIST IN A TIME OF NEED Thank you for all your help concerning my case. As a veteran returning from overseas service, your willingness to assist me in a time of need and when I wasn’t in a position to pay for an attorney is greatly appreciated. You…
Rachel P.
IN TROUBLE WITH THE LAW? If you ever find yourself caught up in the legal system. The Maine Criminal Defense Group and his staff are the ones you want to have on your side. This man will fight hard for your rights and do everything he can to make your…
Abigail Z.
I RECOMMEND WILLIAM BLY We're glad we chose Bill for our legal needs. We found Bill to be knowledgeable, clear, and diligent. He actively managed my case and the overall outcome was the best that we could have hoped for. We would recommend Bill to others in a similar situation…
Alison R.
PHENOMENAL LAWYER The Maine Criminal Defense Group is hard working, knowledgeable, and determined when working on cases. He was pleasant and helpful throughout the entire process by answering any and all questions I may have had. His diligent work on my case, personal connections in the court systems, and professionalism…
Jerry E.
VERY HELPFUL - THANKS BILL! Bill Bly did a magnificent job collecting evidence and building leverage with the DA's office that allowed us to plead an OUI down to a lesser charge. Not only was he very knowledgeable about Maine law, but he also understood the personalities of both the…
Wade C.
PHD DOCTORAL CANDIDATE, WADE CHARNOCK Mr. Bly is a superb lawyer! He is without a doubt one of the finest criminal defense lawyers in the state of Maine. He handled my son's case with sincerity and professionalism, and the results, "All Charges Dismissed!" If you need a defense attorney, he…
Vicky L.
HIRE MR. BLY. YOU WON'T REGRET IT! I retained Mr. Bly over a year ago. I was charged with OUI and having a minor in the car. Mr. Bly was able to arrange a plea to a Driving to Endanger with no jail time and only a 30 day license…
Michael S.
I VERY MUCH RECOMMEND MR. BLY I was lucky to have contacted Mr. Bly in a matter that unfairly could have changed my life. He was very open, concerned, and committed to helping me. He answered every call promptly, never lost interest in my case, and went out of his…
Amanda F.
BOTTOM LINE RESULTS As an attorney it was clear to me that achieving a favorable disposition of an OUI charge with a difficult fact pattern would require specialized representation. Bill quickly proved this instinct correct and his nuanced and detailed understanding of and experience with the intricacies of the arrest…
John S.
MR OUT OF STATE OUI I went to Maine on a weekend vacation trip and got a little reckless. I ended up driving the wrong way on a one way street and received an oui. Now I was up against loosing my cdl, my job, and my new home I…
Thomas F.
OUI DISMISSED Feeling helpless? Bill is the person you need to contact. Never being on the other side of the law, I contacted Bill in a panic. He sensed this and actually agreed to meet me on a Saturday. Bill was extremely personable and gave me the facts that appeared…
Emma W.
Definitely Recommend My fiancé and I were visiting Kennebunk over the summer when I was stopped and arrested for OUI. I couldn't believe that this was happening. Once I got over the shock and humiliation of the arrest, my fiancé and I began searching for an attorney in southern Maine.…
Frank S.
HAPPY CLIENT I met with Bill back in June of this year for an OUI charge. When I met with Bill, he sat down with me and explained the entire court process and what to expect going forward. He didn't try and "sell me" on hiring him or make promises…
Terry L.
RECOMMENDATION Bill Bly is very professional, does his homework and he is very thorough. And his staff is the same. He and his staff returned all my phone calls and kept us abreast of the progress in our case. I highly recommend him.
Max C.
THANK YOU MR. BLY Mr. Bly assisted me with a case where I was charged with assaulting my girlfriend and my brother as well as some other people. After reading the police reports, I felt that the case was hopeless. Mr. Bly negotiated and outcome that prevented me from a…
Mia P.
THANKS FOR YOUR EXCELLENT WORK Attorney Bly defended me on charges of theft and secured a not guilty after trial. Thank you for all of your hard work.
Trent Q.
LEGAL NIGHTMARE SOLVED THANKS TO BILL BLY I was in a legal nightmare, after being arrested for an Operating Under the Influence, OUI in the great State of Maine. I was previously classified as a habitual offender in another state, so this was not my first charge concerning this particular…
Fredrick D.
VERY DEDICATED ATTORNEY Bill was very dedicated to my issue and worked with me to get me the best possible outcome. Bill and his law office kept me well informed on developments on the situation and was very upfront with me, gaining my trust and confidence in his skills helping…
John Y.
JOB WELL DONE First and for most I'd like to thank you very much for sorting out the snowmobile OUI bs for me. The outcome could not have been more desirable and the process with you couldn't have been better. On a professional note I give an A+ and will…
Ava L.
Thank you for a job well done Attorney Bly handled a sensitive domestic violence charge for me in a VERY favorable fashion. Ultimately, he got the charges thrown out. I'm grateful to him and his staff for all their hard work. Ann is especially helpful and was always available to…
Ned B.
Bly- A True Professional Committed to Client Satisfaction Two years ago I was involved in a high publicity case that involved significant legal implications. This uncharacteristic life event left me overwhelmed by emotional distress and not knowing where to turn next. Through thorough research and high esteem recommendations, I contacted…
Melissa G.
WILLIAM BLY WON'T LET YOU DOWN! I will with out hesitation recommend Bill to anyone !!! He fought diligently for a year to ensure me the best results possible and to avoid trial. In the end Bill saved me my career and kept me out of jail. There is really…
Nick G.
THANK YOU FOR ALL OF YOUR EFFORTS! My OUI and criminal speeding charges brought a great deal of stress and hardship to not only myself but my entire family. Having both of the charges against me dismissed was an absolute godsend. Once dropped, it felt as though a dark cloud…
Lisa F.
PROFESSIONAL, HONEST, AND QUICK TO REPLY Working with Attorney Bly was a pleasure - given the circumstances. He acknowledged my novelty to the courtroom and was sensitive to my case by guiding me through the process, step by step. Especially when I seemed overwhelmed and confused, anxious and uneasy, Bill…
Betty C.
SUPPORTIVE AND RESOURCEFUL It was an absolute pleasure to work with The Maine Criminal Defense Group. At the eleventh hour, I contacted him for help with a legal matter. What I originally thought would be a quick and easy case, turned into a more challenging matter. Nonetheless, given his knowledge…
Rosalinda E.
HIGHLY RECOMMEND ATTORNEY WILLIAM BLY I am delighted to write this recommendation for Attorney William Bly. Before hiring The Maine Criminal Defense Group to represent me I had worked with another lawyer which resulted in a warrant out for my arrest. Being out of state I had to thoroughly research…
Jason S.
HIGHLY RECOMMEND I found myself searching the internet hoping to find an attorney who I could trust and wouldn't just tell me what I wanted to hear. I was visiting from out of state when I was charged with an OUI as well as a refusal. I contacted Mr. Bly…
Erica L.
THANKS FOR MAKING A DIFFERENCE IN MY SON'S LIFE Bill, Thank you very much for getting back to me. My son and I want to thank you very much for the finalizing of this hard lesson learned in life's journey. I knew from the beginning that not only are you…
Theresa S.
SINCEREST GRATITUDE Mrs. Ann, I want to say thank you again to yourself and Bill again for OUTSTANDING work!! Please pass my regards to Bill. With sincere gratitude.
James C.
JC Recommends The Maine Criminal Defense Group I am very pleased with the representation I received from The Maine Criminal Defense Group. After having been charged with a very serious crime, his thoughtful and prudent strategy and diligent execution resulted in a better than expected outcome. The original charge was…
Amy O.
TIRELESS AND KNOWLEDGEABLE Bill Bly saved my career in the Navy. He worked on my case for almost six months before he was able to negotiate a positive outcome. His persistence and efforts with the DA were the only things that kept my case from going to trial. He was…
Mary S.
Without a doubt, choose Mr. Bly! When I was charged with an OUI, I felt that everything that I worked for went down the drain. I knew the consequences of an OUI, and it weighed heavy on my conscious. An OUI for a Naval Officer is a career killer. Having…
Warren H.
Given Me the Gift of Time Thank you for everything. You've given me the gift of time and I can't thank you enough for that.
Bryan D.
Dismissal of Driving on Suspended - Please read if you are unsure if W. Bly is the right attorney! After looking at reviews online and a brief conversation with Mr. Bly, I decided to retain him. I was charged with Driving on an out of State VA Drivers license. On…
Rick M.
Saved my career and preserved my future! Bill, thank you so much for your excellent legal representation these last few months. You gave me straight and concise answers throughout the entire process and I can't thank you enough for helping me keep my career in the U.S. Navy. Ann Dickey…
Dawn S.
DCS Recommends The Maine Criminal Defense Group Two years ago our family began living a nightmare that we could never have imagined possible. Our 18-year-old son was arrested for a serious offense he committed with a "friend." Our family was in a tailspin and we did not know where to…
Ready to get your life back? Call now!
Ready to Get Started? Contact Our Firm Today!
If you are facing criminal charges in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with
one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys
Portland Office
By Appt. Only
Kennebunk Office
Main Office
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relation-
ship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors; therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.
* Our quoted fees include trial fees for misdemeanor charges only, unless otherwise agreed upon.
All felony charges are billed out on an hourly basis and require a retainer, unless otherwise agreed upon.
SEO by JurisPage | Copyright 2023 The Maine Criminal Defense Group | Terms of Use | Privacy Policy | Anti-spam | Accessibility Notice
