Legal review: William T. Bly, Owner & Managing Attorney · Last reviewed: November 2026
Schedule W is Maine’s most serious drug category under 17-A M.R.S. § 1102. It covers fentanyl powder, heroin, cocaine, methamphetamine and oxycodone. Possessing more than 200 milligrams of fentanyl powder is Class C under § 1107-A. Trafficking any Schedule W drug is Class B under § 1103, and most aggravated trafficking under § 1105-A is Class A.
What drugs are in Schedule W?
Schedule W holds the drugs Maine treats most harshly, including fentanyl, heroin, cocaine and methamphetamine. Maine does not use the federal Schedule I–V system. Instead, 17-A M.R.S. § 1102 sorts drugs into four state schedules: W, X, Y and Z.
Schedule W includes:
- Narcotics: heroin, fentanyl powder and its listed derivatives, carfentanil, sufentanil, oxycodone, hydrocodone, hydromorphone, morphine, methadone, opium and buprenorphine.
- Stimulants: cocaine, amphetamine, methamphetamine and methylphenidate.
- Hallucinogens and others: LSD, PCP, MDMA and related drugs, many synthetic cathinones, and flunitrazepam.
Schedule X includes drugs such as psilocybin, ketamine and GHB. Schedule Y includes codeine compounds and some benzodiazepines, such as diazepam. Schedule Z covers other prescription drugs and marijuana.
Maine law defines “fentanyl powder” in § 1101 as any granular or powder mixture containing fentanyl or a listed derivative, in any quantity.
When is possessing fentanyl or another Schedule W drug a serious crime?
Possession of a Schedule W drug is a Class D crime unless a weight threshold or a prior conviction raises it. The rules are in 17-A M.R.S. § 1107-A. The State must prove you knowingly or intentionally possessed what you knew or believed was a scheduled drug.
Possession becomes a Class C crime when the amount is more than:
- 200 milligrams of fentanyl powder, heroin, methamphetamine, oxycodone, hydrocodone or hydromorphone, or
- 2 grams of cocaine or cocaine base.
Possession of any amount of those drugs is also Class C if you have a prior conviction for trafficking, furnishing or certain related offenses. Possessing more than 14 grams of cocaine or methamphetamine is Class B with a prior drug conviction. That includes any chapter 45 conviction or a similar out-of-state one.
Two exceptions are worth knowing. A valid prescription is an affirmative defense for some charges, including oxycodone, hydrocodone and hydromorphone. Residue left in a used syringe is not unlawful possession under § 1107-A(6). See Maine drug possession penalties for more.
When does possession become a trafficking charge?
You can be charged with trafficking without a sale if police believe you possessed drugs with intent to sell. Under § 1101, “traffick” means to make, grow, sell, trade or otherwise furnish for consideration, or to possess with intent to do so.
Unlawful trafficking under 17-A M.R.S. § 1103 is Class B for any Schedule W drug. It is Class C for Schedule X and Class D for Schedules Y and Z.
Quantity can create a “permissible inference” of trafficking under § 1103(3). That means a jury may, but does not have to, infer trafficking from the amount alone. The inference applies to possession of:
- 4 grams or more of fentanyl powder,
- 4 grams or more of heroin,
- 14 grams or more of cocaine or of methamphetamine,
- 90 or more pills or units of a narcotic other than heroin, or
- 800 milligrams or more of oxycodone in total.
Because it is only an inference, the defense can challenge it with evidence of personal use. Our page on Maine drug trafficking penalties goes deeper.
What makes drug trafficking “aggravated” in Maine?
Trafficking becomes aggravated under 17-A M.R.S. § 1105-A when the State proves one of the listed aggravating factors. For Schedule W drugs, most of these make the charge Class A.
Aggravating factors include:
- trafficking 6 grams or more of fentanyl powder, or 270 or more bags or packages of it;
- trafficking 6 grams or more of heroin, or 270 or more bags or packages;
- trafficking 112 grams or more of cocaine;
- trafficking 100 grams or more, or 300 or more pills, of methamphetamine;
- a prior Class A, B or C drug conviction;
- trafficking with a child, or enlisting a child to help;
- having a firearm in furtherance of the offense;
- being on a school bus or within 1,000 feet of a school or designated safe zone; and
- a death in which the Schedule W drug was a contributing factor.
If the drug contributed to someone’s serious bodily injury instead of death, the charge is Class B.
Aggravated trafficking also carries a mandatory minimum prison term under 17-A M.R.S. § 1125. It is 4 years for Class A and 2 years for Class B. A judge may impose a shorter minimum only after specific findings, including substantial injustice and no adverse effect on public safety. Our guide to how aggravated drug trafficking is defined in Maine covers more.
How is furnishing different from trafficking?
Furnishing means giving or transferring a drug, with or without payment, while trafficking involves selling or making it. Unlawful furnishing under 17-A M.R.S. § 1106 is Class C for a Schedule W drug. That is one class lower than trafficking.
Furnishing also has its own quantity inferences. Under § 1106(3), 2 grams or more of fentanyl powder or heroin allows a jury to infer furnishing. So does more than 2 grams of cocaine.
The difference often turns on evidence of payment or profit.
What are the maximum penalties for each class?
Maine sets maximum prison terms by class in 17-A M.R.S. § 1604 and maximum fines for individuals in § 1704. The table below applies those maximums to the drug charges above.
| Charge (Schedule W) | Statute | Class | Max prison | Max fine |
|---|---|---|---|---|
| Possession below thresholds | § 1107-A(1)(C) | D | Less than 1 year | $2,000 |
| Possession over 200 mg fentanyl powder or heroin, or over 2 g cocaine | § 1107-A(1)(B) | C | 5 years | $5,000 |
| Possession over 14 g cocaine or meth, with prior drug conviction | § 1107-A(1)(A) | B | 10 years | $20,000 |
| Furnishing | § 1106 | C | 5 years | $5,000 |
| Trafficking | § 1103 | B | 10 years | $20,000 |
| Aggravated trafficking (e.g., 6 g+ fentanyl powder, death) | § 1105-A | A | 30 years | $50,000 |
Under § 1706, a court may fine up to twice the proven pecuniary gain from the crime. A court may also suspend a driver’s license for up to 5 years when a vehicle was used to facilitate trafficking or furnishing. For how weight affects these charges, see what amount of drugs is considered trafficking in Maine.
Frequently asked questions
Is fentanyl a Schedule W drug in Maine?
Yes. 17-A M.R.S. § 1102(1)(I) lists fentanyl powder and many fentanyl derivatives, such as carfentanil, acetylfentanyl and furanylfentanyl, in Schedule W. Schedule W is Maine’s highest drug schedule. That placement is why fentanyl charges carry the steepest classes. Trafficking any Schedule W drug is at least a Class B crime, and possession above 200 milligrams of fentanyl powder is Class C.
How much fentanyl is a felony-level charge in Maine?
Maine uses crime classes rather than the word “felony.” Possessing more than 200 milligrams of fentanyl powder is a Class C crime, punishable by up to 5 years. Four grams or more allows a jury to infer trafficking, a Class B crime. Trafficking 6 grams or more, or 270 or more packages, is Class A aggravated trafficking, with a possible 30-year maximum.
Can I be charged with trafficking if police never saw a sale?
Yes. Maine defines trafficking to include possessing drugs with intent to sell. Prosecutors often rely on quantity, packaging, scales, cash or messages to show intent. Possessing 4 grams or more of fentanyl powder or heroin allows a permissible inference of trafficking. A jury is free to reject that inference, so personal-use evidence and search issues can matter a great deal.
Does Maine’s Good Samaritan law protect me if I call 911 for an overdose?
Often, yes. 17-A M.R.S. § 1111-B protects the good-faith caller, anyone rendering aid and the person overdosing. They are immune from arrest or prosecution based on that emergency response. The protection does not cover excluded crimes, such as OUI, many violent offenses and crimes against children. It applies to protected people at the scene during the emergency response.
Can a Maine fentanyl case become a federal case?
Yes. Federal prosecutors can bring drug charges under federal law, which uses different schedules, quantity thresholds and sentencing rules. The same conduct can sometimes be charged in state or federal court. See our article on the differences between state and federal drug crimes in Maine.
If you or a family member faces a Schedule W charge, request a consultation with The Maine Criminal Defense Group at 207-571-8146. We meet clients by appointment in Portland, Kennebunk and Brunswick.
This article is general information, not legal advice. Every case depends on its facts.
Sources
- 17-A M.R.S. § 1101, Definitions — “traffick,” “furnish,” “fentanyl powder.”
- 17-A M.R.S. § 1102, Schedules W, X, Y and Z — drug schedules.
- 17-A M.R.S. § 1103, Unlawful trafficking — classes and inference quantities.
- 17-A M.R.S. § 1105-A, Aggravated trafficking — aggravating factors and classes.
- 17-A M.R.S. § 1106, Unlawfully furnishing — classes and inference quantities.
- 17-A M.R.S. § 1107-A, Unlawful possession — thresholds, prior-conviction tiers, defenses.
- 17-A M.R.S. § 1111-B, Overdose immunity — Good Samaritan protection.
- 17-A M.R.S. § 1125, Mandatory minimum — 4-year and 2-year minimums.
- 17-A M.R.S. § 1604 and § 1704 — maximum prison and fines by class.
- 17-A M.R.S. § 1706 — fines up to twice the gain.
Call 207-571-8146 or contact our Maine criminal defense attorneys directly online to schedule a confidential consultation.
