If you are convicted of a drug crime in Maine, your sentence will depend on four main factors: the type of drug involved (classified into four schedules), the amount of the drug possessed, the nature of the activity (e.g., possession, trafficking, manufacturing), and your criminal history.
Other factors may be considered and can elevate or reduce the penalties. Either way, however, the sentence is likely to be severe, especially if other factors aggravate the crime and require judges to impose a mandatory minimum sentence.
Let us take a closer look at what you can expect from criminal drug charge sentencing in Maine.
Drug schedules in Maine
In Maine, drugs schedules are split into four different categories that help to determine the severity of the crime charged:
- Schedule W drugs are considered the most serious and include heroin, cocaine, oxycodone, and methamphetamine.
- Schedule X drugs include hallucinogens like psilocybin (mushrooms) and hashish.
- Schedule Y drugs include certain prescription drugs like codeine and diazepam.
- Schedule Z drugs are considered the least serious and include any drugs not categorized above.
Drug sentencing in Maine
There are five classifications of crime in Maine. The maximum period of incarceration and fine for a drug crime will depend on its classification, as follows:
- Class A crime: a felony punishable by up to 30 years in prison and a $50,000 fine.
- Class B crime: a felony punishable by up to 10 years in prison and a $20,000 fine.
- Class C crime: a felony punishable by up to 5 years in prison and a $5,000 fine.
- Class D crime: a misdemeanor punishable by up to one year in jail and a $1,000 fine.
- Class E crime: a misdemeanor punishable by up to 6 months in jail and a $500 fine.
Class D and E crimes (misdemeanors) are served in county jail and Class C, B, and A crimes are served in state prison.
In most cases Judges can exert some discretion with sentencing, but certain classes of drug crime attract mandatory minimum sentences that must be applied unless there are exceptional circumstances.
The mandatory minimum penalties are:
- Class A felony: 4 years in prison
- Class B felony: 2 years in prison
- Class C felony: 1 year in prison
- Aggravated drug trafficking: 1 year in prison
- Class C felony related to trafficking marijuana: up to 1 year in prison
What are the most common drug charges in Maine?
Drug possession and trafficking are among the most common drug charges in Maine. Trafficking, as defined under MRS 17-A § 1101(17), involves the sale, distribution, or intent to distribute illegal drugs. This can include activities such as exchanging drugs for money or goods, transporting drugs for sale, or possessing large quantities indicative of distribution. Trafficking charges often carry severe penalties, including substantial fines and lengthy prison sentences, depending on factors like the type and amount of drugs involved, prior offenses, and whether minors were affected.
Investigations are usually conducted by law enforcement, often using information from informers. A simple drug possession charge can escalate to a trafficking offense relatively easily depending on the amounts involved.
Let us take a closer look at the main drug charges…
Drug possession in Maine
The sentence for a conviction for drug possession will depend on the schedule of the drug, prior convictions, and the amount of drug discovered.
In Maine, possessing more than a certain amount of a Schedule W drug is classified as a Class C felony, while possession of a Schedule Y or Z drug is typically a Class E misdemeanor.
Having a history of convictions can elevate these charges, and lead to more severe penalties.
Marijuana possession and cultivation in Maine
Because medical and recreational marijuana is legal in Maine, marijuana possession and cultivation have their own set of laws and penalties:
- Possession of 2.5 to 8 ounces of marijuana: Class E misdemeanor
- Possession of 8 ounces to 16 ounces (one pound) of marijuana: Class D misdemeanor
- Possession of one pound to 20 pounds of marijuana: Class C felony
- Possession of over 20 pounds of marijuana: Class B felony
Classification for marijuana cultivation depends on the number of plants grown and is as follows:
- Fewer than 5 marijuana plants: Class E crime
- Between 5 and 100 marijuana plants: Class D crime
- Between 100 and 500 marijuana plants: Class C crime
- 500 or more marijuana plants: Class B crime
Illegal drug importation in Maine
One of the main drug trafficking charges is the illegal importation of prohibited drugs, i.e., carrying drugs into Maine from another state. Importing a Schedule X, Y or Z drug is a Class C felony while importing a Schedule W drug is a Class B felony.
The drug charge can be elevated if certain aggravating circumstances apply. These include if the offender has prior drug offense convictions, he/she possessed a firearm, a large amount of the drug is imported (e.g., over 6 grams of heroin), death resulted from the activity or children were involved in the commission of the crime.
For instance, illegally importing a Schedule W drug into Maine by an offender with a prior conviction for illegal drug importation can see the crime elevated from a Class B to a Class A felony. If the offender possessed a firearm during the commission of the illegal drug importation of a Schedule W drug, the offense may also be elevated to a Class A felony. Similarly, if a child was solicited during the commission of the crime, the outcome may be a Class A felony conviction.
What determines whether a drug charge will be a misdemeanor or felony?
To recap, the main factors determining whether a drug crime is regarded as a misdemeanor or felony in Maine are:
- The type of drug involved
- The quantity of the drug in question
- The specific circumstances of the alleged offense (e.g., whether a child was involved, a school was nearby or a firearm was used)
- The criminal history of the defendant
The best way to avoid the types of drug charge sentencing outlined above is to seek seasoned legal assistance if you face drug crime charges in Maine.
For experienced legal help with a criminal drug charge, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
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