In Maine, a person may be charged for possessing or trafficking drugs. An experienced drug crimes lawyer at Webb Law Firm can help you navigate your case and achieve the best possible outcome. Drugs are categorized by Schedule to determine the severity of the consequences associated with each drug. Schedule W drugs may include cocaine, heroin, oxycodone, methamphetamine, LSD, methadone, fentanyl powder, and opiates. Schedule X drugs include Hashish, DMT, and Ketamine. Some Schedule Y drugs include Diazepam, Codeine, and Phenobarbitral. Finally, Schedule Z drugs are the other drugs that are not included in one of the previous categories.
Possession of drugs means that the person intentionally or knowingly possessed what that person knew or believed to be a scheduled drug, which was in fact a scheduled drug. Some possession charges are misdemeanor crimes, while others are felony crimes. Possession of a Schedule W drug is a Class D (misdemeanor crime) in many circumstances. However, depending on the amount of the drug and whether or not that person has previous drug convictions, it may be elevated to a felony charge.
Possession of a Schedule X drug is a Class D crime. Possession of a Schedule Y drug is a Class E crime. Possession of a Schedule Z drug, is typically a Class E crime, however, if the drug is marijuana, and it is proven to be possessed in a large amount then the class of the crime may be elevated. For example, if it is proven that a person is in possession of 1 to 20 pounds of marijuana, then it will be elevated to a Class C felony. Possession of more than 20 pounds of marijuana is considered a Class B felony.
Marijuana is one drug in particular that a lot of folks have questions about. It is currently legal in Maine (although illegal federally) to possess marijuana as long as you are over the age of 21. If you are over the age of 21, then you may lawfully (in Maine) possess as much as 2.5 ounces of marijuana. It is, however, illegal to consume marijuana if you are the driver or the passenger of a vehicle on a public roadway. It is also illegal to drive a vehicle if you are impaired by the marijuana that you previously consumed.
In addition to possessing certain drugs, it is also illegal to traffick drugs in Maine. A person may be charged with trafficking in a scheduled drug if that person intentionally or knowingly trafficks in what they know or believe to be a scheduled drug, and which is in fact a scheduled drug.
Similarly to the laws regarding possession of drugs, the drug trafficking laws range in severity depending on the Schedule of drug alleged. Trafficking in Schedule W drugs is a Class B (felony) crime. For Schedule X drugs, trafficking is considered a Class C (felony) crime. Whereas Trafficking in Schedule Y or Z drugs is a Class D (misdemeanor) crime.
If a person possesses a large amount of a particular drug, it may also be inferred that the person is trafficking in that drug. For example, if a person possesses more than one pound of marijuana, or 14 or more grams of cocaine, or more than 90 pills containing a narcotic other than heroin, it is inferred that the person is trafficking in drugs.
Not only are there potential consequences for incarceration and fines if you are charged with a drug offense, you may also face probation and or/a license suspension. If you are convicted of trafficking drugs, and a motor vehicle is used to facilitate the trafficking of the drugs, then the Secretary of State may suspend your driver’s license for up to 5 years. That period of suspension does not begin until after any incarceration is served.
As outlined above, drug offenses are particularly complex crimes. If you have been charged with a drug crime or any other criminal offense, call the Attorneys at Webb Law Firm today for a free consultation.