2012 Maine Revised Statutes
TITLE 17-A: MAINE CRIMINAL CODE
Chapter 45: DRUGS
17-A §1121. Aggravated trafficking in synthetic hallucinogenic drugs

Part 2: SUBSTANTIVE OFFENSES

§1121. Aggravated trafficking in synthetic hallucinogenic drugs

1. A person is guilty of aggravated trafficking in a synthetic hallucinogenic drug if the person violates section 1120 and:

A. The person trafficks in a synthetic hallucinogenic drug with a child who is in fact less than 18 years of age. Violation of this paragraph is a Class A crime; [2011, c. 465, §6 (NEW).]

B. At the time of the offense, the person has one or more prior convictions for any Class A, B or C offense under this chapter or for engaging in substantially similar conduct to that of the Class A, B or C offenses under this chapter in another jurisdiction. Section 9-A governs the use of prior convictions when determining a sentence, except that, for the purposes of this paragraph, the date of each prior conviction may precede the commission of the offense being enhanced by more than 10 years. Violation of this paragraph is a Class A crime; [2011, c. 465, §6 (NEW).]

C. At the time of the offense, the person possesses a firearm in the furtherance of the offense, uses a firearm, carries a firearm or is armed with a firearm. Violation of this paragraph is a Class A crime; [2011, c. 465, §6 (NEW).]

D. At the time of the offense, the person is on a school bus or within 1,000 feet of the real property comprising a private or public elementary or secondary school or a safe zone as defined in section 1101, subsection 23. Violation of this paragraph is a Class A crime.

For purposes of this paragraph, "school bus" has the same meaning as in Title 29-A, section 2301, subsection 5; [2011, c. 465, §6 (NEW).]

E. At the time of the offense, the person enlists or solicits the aid of or conspires with a child who is in fact less than 18 years of age to traffick in a synthetic hallucinogenic drug. Violation of this paragraph is a Class A crime; [2011, c. 465, §6 (NEW).]

F. Death is in fact caused by the use of that synthetic hallucinogenic drug. Violation of this paragraph is a Class A crime; or [2011, c. 465, §6 (NEW).]

G. Serious bodily injury is in fact caused by the use of that synthetic hallucinogenic drug. Violation of this paragraph is a Class B crime. [2011, c. 465, §6 (NEW).]

[ 2011, c. 465, §6 (NEW) .]

2. If a person uses a motor vehicle to facilitate the aggravated trafficking in a synthetic hallucinogenic drug, the court may, in addition to other authorized penalties, suspend the person's driver's license or permit or privilege to operate a motor vehicle or right to apply for or obtain a license for a period not to exceed 5 years. A suspension may not begin until after any period of incarceration is served. If the court suspends a person's driver's license or permit or privilege to operate a motor vehicle or right to apply for or obtain a license, the court shall notify the Secretary of State of the suspension and the court shall take physical custody of the person's license or permit. The Secretary of State may not reinstate the person's driver's license or permit or privilege to operate a motor vehicle or right to apply for or obtain a license unless the person demonstrates that, after having been released and discharged from any period of incarceration that may have been ordered, the person has served the period of suspension ordered by the court.

[ 2011, c. 465, §6 (NEW) .]

SECTION HISTORY

2011, c. 465, §6 (NEW).