Drug possession charges in Maine carry serious consequences, including hefty fines, jail time, and a permanent criminal record that can impact your future. The severity of the penalties depends on the type and quantity of the substance, as well as any prior offenses.
A drug conviction can affect employment, housing, and educational opportunities, making it crucial to take immediate action. At The Maine Criminal Defense Group, we understand the stakes and are committed to providing an aggressive defense to protect your rights and future. If you’re facing drug possession charges, knowing your legal options is the first step toward building a strong defense.
Drug schedules in Maine
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
Penalties for drug possession
If you get convicted of unlawful drug possession, according to Title 17-A §1107-A, 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 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 a charge 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.
Is Drug Possession a Felony or Misdemeanor in Maine?
In Maine, drug charges are classified as either misdemeanors or felonies based on several key factors. These classifications determine the severity of the penalties you could face.
Misdemeanor Drug Charges (Class D or E)
A drug charge is more likely to be a misdemeanor when:
- The drug is lower-risk, such as a Schedule Z or Y substance
- The amount is small, indicating personal use
- The defendant has no prior drug convictions
- There are no aggravating factors, such as weapons or proximity to a school
Penalties may include up to 1 year in jail and fines up to $1,000.
Felony Drug Charges (Class A, B, or C)
A charge becomes a felony when:
- The drug is classified as Schedule W (e.g., heroin, cocaine, fentanyl)
- The quantity exceeds legal thresholds, suggesting intent to traffic
- There are prior drug convictions, even just one
- The offense involves aggravating circumstances, like minors, firearms, or trafficking in a “safe zone”
Felony penalties range from 5 to 30 years in prison, with fines of $5,000 to $50,000, depending on the class of the offense.
Because even minor drug possession can escalate penalties based on these factors, it’s critical to speak with a criminal defense attorney if you’re facing a drug charge in Maine.
Contact our drug possession defense lawyers for help now
Facing drug possession charges in Maine can be overwhelming, but you don’t have to fight alone. The Maine Criminal Defense Group is here to protect your rights and build a strong defense. Call us today at (207) 571-8146 for a consultation and take the first step toward securing your future.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI, DUI, DWI lawyers, serving Maine, today.
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