The Maine Revised Statute Title 17-A, Chapter 45 addresses the types of drug crimes that can be committed within the state and the penalties involved with each crime.
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Table of Contents
Drug Schedules in Maine
The State of Maine recognizes 4 schedules of drugs. Crimes involving drugs from different levels will result in different classes of penalties. The schedules are W, X, Y and Z, and they include the following controlled substances:
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Schedule W
This includes many of the most well-known drugs. These drugs are also some of the most addictive and, therefore, most dangerous. Drugs include amphetamines, cocaine, oxycodone, heroin, methadone, hallucinogenics like MDMA and more.
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Schedule X
Drugs like chlorhexadol, nalorphine, hashish, and more are in this schedule. The names may not be recognizable, but most drugs that are depressants or hallucinogens not listed in schedule W are included here.
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Schedule Y
This schedule includes drugs like codeine, flurazepam which are used in many prescription drugs.
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Schedule Z
All prescription drugs other than those included in schedules W, X or Y are included in this schedule, as well as marijuana.
Watch our video explaining what programs and options there are available when being charged with a drug-related crime.
Common Drug Crimes in Maine
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Drug Possession
Under Maine Revised Statute Title §1107-A, a person will be found guilty of unlawful possession of a scheduled drug if the person intentionally or knowingly possesses what that person believes or knows to be a scheduled drug. These charges are categorized based on the type and amount of drug found, and penalties range from a Class B crime to a Class C crime.
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Trafficking
Drug trafficking Charges generally refer to the sale or distribution of illegal drugs and may result in federal charges for manufacturing, transporting, exporting, distributing or dispensing controlled substances.
Maine Revised Statute Title §1105-A outlines the specific circumstances that may result in aggravated trafficking charges that will result in Class A penalties.
This drug crime is a crime of intent, which means that the State must prove that you intentionally or knowingly sold drugs in order to convict you.
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Cultivation of Drugs
Certain plants, such as cannabis and opium, are capable of producing illegal drugs when they are cultivated correctly. Maine’s drug cultivation laws make it a crime to grow, produce or possess these certain plants and other naturally occurring elements that are used in the production of illegal controlled substances.
Penalties may include fines up to $2,000 and a maximum of one year in jail. To learn more about drug possession penalties, review our FAQ.
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Marijuana
On November 3, 2009, voters in Maine approved Question 5, which enacted the citizen-initiated bill to establish the Maine Medical Marijuana Act.
Maine was the fifth state to provide dispensaries of medical-grade marijuana for medical patients who qualify, but criminal charges will still result for those who have not received approval to use marijuana.
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Prescription Fraud
There are many actions that can be classified as prescription fraud in Maine, and you may be facing these charges for altering a legitimate prescription to obtain a larger quantity or for stealing a prescription pad.
Any act of deception that leads to the obtaining of prescription drugs can be classified as prescription fraud under Maine Revised Statute Title §1108.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
Penalties for Drug Crimes in Maine
Drug crimes are classified in every class of crimes in Maine.
- Class A crimes are the most serious and can lead to a 30-year jail sentence and $50,000 in fines.
- Class B crimes are also felony offenses and can lead to 10 years in jail and $20,000 in fines.
- A Class C conviction has a maximum sentence of 5 years in jail and/or $5,000 in fines,
- Class D convictions can lead to one year in jail and $2,000 in fines.
The lightest offenses will result in Class E charges, which still can result in 6 months of jail time and $1,000 in fines.
What is the typical sentence for drug possession, trafficking or distribution in Maine?
Challenging Your Drug Charges
Regardless of the circumstances that have led to your arrest for a drug crime, you have the right to be treated fairly and with respect by the police.
You must always keep in mind that anything you say can be used against you in court, and you should not be intimidated into answering questions.
You are always entitled to see a copy of any search warrant that an officer claims to have, and keep in mind that police can use reasonable force to gain entry into your premises.
Contact a Drug Crime Defense Lawyer in Maine
The experienced drug crime defense attorneys at The Maine Criminal Defense Group know the best ways to defend drug charges, as we are very aware each drug-related case is unique and fact-specific. We know the right questions to ask and are aware of how the law works to provide you with a tenacious and capable legal defense.
In most drug cases, the most incriminating evidence against you is the drugs themselves, so simply arguing that you were not in possession of drugs is not going to be a strong defense.
If the police made a mistake when searching you or your property and the means that were used to obtain the evidence (i.e. the drugs) were unconstitutional, then the drugs will not be admissible into evidence. If there is no evidence, there is no case against you.
If you are facing any drug charges, call us at (207) 571-8146 or contact us directly online for aggressive legal representation.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
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