If you are found guilty of a drug crime in Maine, your sentence will depend on four main factors: the type of drugs involved (classified as four hours), the amount of drug owned, the nature of the activity (for example, possession, traffic, manufacturing) and your criminal history.
Other factors can be taken into account and may raise or reduce penalties. In any case, however, the sentence is likely to be serious, especially if other factors aggravate the crime and oblige judges to impose a mandatory minimum sentence.
Let’s take a closer look at what you can expect from the conviction of criminal drug charges in Maine.
Medicines schedules in Maine
In Maine, medication hours are divided into four different categories which help determine the severity of the accused crime:
- Planning W Drugs are considered the most serious and include heroin, cocaine, oxycodone and methamphetamine.
- Drugs of Annex X Include hallucinogens such as psilocybin (mushrooms) and hashish.
- Annexed drugs Include certain prescription drugs such as codeine and diazepam.
- Drugs of Annex Z are considered the least serious and include all the drugs not classified above.
Condemning on drugs in Maine
There are five crime classifications in Maine. The maximum period of incarceration and fine for a drug crime will depend on its classification, as follows:
- Class A crime: A crime liable to 30 years in prison and a fine of $ 50,000.
- Class B crime: A crime liable to 10 years in prison and a fine of $ 20,000.
- Class C crime: A crime liable to 5 years in prison and a fine of $ 5,000.
- Class D crime: An offense punishable by one year in prison and a fine of $ 1,000.
- Class E crime: an offense punishable by a sentence of up to 6 months in prison and a fine of $ 500.
Class D and E crimes (crimes) are purged in the county prison and class C, B, and a crime is served in state prison.
In most cases, judges can exercise a certain discretionary power with the determination of the sentence, but certain classes of drug crimes attract mandatory minimum sentences which must be applied unless there are exceptional circumstances.
Mandatory minimum penalties are:
- Class A Felony: 4 years in prison
- Class B felonia: 2 years in prison
- Class C felonie: 1 year in prison
- Aggravated drug trafficking: 1 year in prison
- Class C felonie linked to marijuana trafficking: up to 1 year in prison
What are the most common drug accusations in Maine?
Drug possession and traffic are among the most common drug accusations in Maine. The milking, as defined by Mrs. 17-A § 1101 (17), implies the sale, distribution or intention to distribute illegal drugs. This may include activities such as the exchange of drug drugs or goods, the transport of drugs for sale or the possession of large quantities indicating distribution. Traffic accusations often bear severe sanctions, including substantial fines and long prison terms, according to factors such as the type and quantity of medication involved, previous offenses and if minors have been affected.
Surveys are generally carried out by police, often using information from informants. A simple accusation of possession of drugs can degenerate from a relatively easy traffic offense depending on the amounts involved.
Let’s take a closer look at the main drug accusations …
Drug possession in Maine
The sentence for conviction for possession of drugs will depend on the drug calendar, previous convictions and the amount of the discovery drugs.
In Maine, having more than a certain quantity of an annex W Drug is classified as a class C crime, while the possession of an annex y or Z is generally an offense of class E.
Having history of convictions can raise these charges and lead to more serious sanctions.
Possession and culture of marijuana in Maine
Because medical and recreational marijuana is legal in Maine, the possession and culture of marijuana have their own set of laws and sanctions:
- Possession of 2.5 to 8 ounces of marijuana: class E offense
- Possession of 8 ounces at 16 ounces (a book) of marijuana: class D offense
- Possession of a book at 20 pounds of marijuana: class C Felony
- Possession of more than 20 pounds of marijuana: class B felony
The classification of marijuana culture depends on the number of cultivated plants and is as follows:
- Less 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 marijuana or more: class B crime
Illegal importation of drugs in Maine
One of the main accusations of drug trafficking is the illegal import of prohibited drugs, that is to say carrying drugs in the Maine of another state. Importing a drug from Annex X, Y or Z is a class C crime when importing an annex W drug is a class B crime.
The accusation of medication may be raised if certain aggravating circumstances apply. They include if the offender has sentenced to drug offense, he / she had a firearm, a large amount of drugs are imported (for example, more than 6 grams of heroin), death resulting from activity or children were involved in the crime commission.
For example, the illegal import of a D of the drug calendar in Maine by a offender with a previous conviction for importing illegal drugs can see the high crime of a class B to a class A crime. If the offender possessed a firearm during the illegal drug importation commission of a W Drug annex, A. Similarly, if a child was asked during the crime committee, the result could be a condemnation for class A crime.
What determines if a drug accusation will be a crime or a crime?
To summarize, the main determining factors if a drug crime is considered a crime or a crime in Maine is:
- The type of medication involved
- The amount of medication in question
- The specific circumstances of the alleged offense (for example, if a child was involved, a school was nearby or a firearm was used)
- The defendant’s criminal history
The best way to avoid the types of convictions on the drug accusations described above is to request seasoned legal assistance if you are faced with accusations of drug crime in Maine.
For experienced legal aid with an accusation of criminal drugs, call Maine Criminal Defense Group at 207-571-8146 for a first case assessment.
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