Any criminal charge for a drug offense is a serious matter in Maine, but the consequences may depend on whether the charge is filed at the state or federal level.

A drug crime conviction can result in a permanent criminal record, in addition to possible prison time and a hefty fine. The penalty applied will depend on the prosecuting jurisdiction. Federal prosecutions for drug crimes tend to produce notoriously harsh outcomes.

If you have been charged with a drug crime in Maine, it is important to understand which jurisdiction (state or federal) is handling your case, how the law varies from jurisdiction to jurisdiction, and what might be potential current and future consequences.

What are the main types of drug crimes in Maine?

Drug crimes are defined in Maine statutes as well as the U.S. Penal Code. The laws prohibit the manufacture, possession, and distribution of any controlled substance.

What are controlled substances?

Controlled substances are illegal drugs that can harm an individual’s health and well-being. They range from recreational drugs considered to have no medical benefit to prescription drugs and other substances used to create drugs that can be harmful to users.

Most commonly, drug crimes in the United States involve controlled substances like marijuana (which is still federally illegal although it has been decriminalized in Maine), as well as methamphetamine, cocaine, heroin, ecstasy, etc. However, there are other controlled substances that result in drug charges for manufacturing, possession, or trafficking/distribution.

The Drug Enforcement Agency (DEA) is responsible for designating controlled substance status and classifying drugs into a series of five “schedules” or categories. Schedule I drug crimes carry the most severe penalties, while crimes associated with Schedule V substances carry the least severe penalties.

Schedule I drugs are considered to have no accepted medical use, and many are highly addictive. Drugs listed in other schedules may have accepted uses and be less addictive.

What is considered drug trafficking in Maine?

Drug trafficking or distribution involves providing another party with illegal drugs. The offense is divided into two main categories: “illicit trafficking” and “aggravated illicit trafficking”.

In the event of aggravating circumstances, the more serious charge of aggravated illicit trafficking will apply. Aggravating factors may include:

• Drug trafficking with a minor
• Previous convictions for illegal trafficking
• Carrying a firearm at the time of the offense
• Traffic near a “safe zone”
• Using the help of a minor to traffic drugs

To be charged with a drug trafficking crime, an individual or group of individuals must be accused of one of the following acts:

• Making an illegal sale of a controlled substance
• Providing a controlled substance
• Deliver a controlled substance

Trafficking charges are most often proven by showing that an individual sold drugs, but the exchange of money is not technically required to convict a person of trafficking.

What is drug manufacturing in Maine?

Under Maine law, manufacturing scheduled drugs is considered a form of trafficking. Manufacturing is defined as follows:

“Produce, prepare, propagate, compose, transform or transform, either directly or indirectly by extraction of substances of natural origin, or independently by means of chemical synthesis. »

State and federal laws criminalize the chemical manufacturing of drugs such as methamphetamine. Under federal law, marijuana cultivation is also classified as manufacturing.

What is the difference between state and federal drug charges/crimes?

Generally speaking, the decision to prosecute a drug crime at the state or federal level depends on three main factors:

1. The amount of illegal drugs involved
2. The number of people involved in the activity
3. If the activity crossed state lines

Even though Maine follows many other states in legalizing marijuana possession, any activity involving marijuana possession could still be subject to federal prosecution.

However, in reality, it is very unlikely that anyone following state law would be prosecuted in federal court.

State and Federal Drug Crimes and Charges

Most federal drug crimes involve a large quantity of drugs and a large-scale trafficking conspiracy, such as the types of operations carried out by criminal gangs.

If these factors are absent, the case will often be brought in state court rather than federal court. State courts have jurisdiction only over cases located within the territorial boundaries of the state. Most cases handled at the state level in Maine involve possession of controlled substances and are prosecuted as misdemeanors. Local law enforcement agencies file charges, and the local prosecutor will decide how to proceed.

If a case takes place in another state, federal prosecutors are more likely to become involved. Federal courts also have jurisdiction over crimes committed on federal property. Therefore, anyone who uses a federal agency (such as US Mail) to facilitate criminal activity may be subject to federal investigation. Agencies such as the United States Drug Enforcement Agency (DEA) will handle these investigations.

Most drug crime arrests in Maine that end up in federal courts involve drug trafficking. These are criminal charges filed by federal prosecutors (the United States Attorney’s Office) and the convictions that accompany them carry much harsher penalties, including mandatory minimum prison sentences.

Drug crimes, whether charged at the state or federal level, should not be taken lightly. Serious and life-altering penalties may result. It is essential to seek the advice of a competent and experienced attorney in defending drug charges.

For experienced legal help regarding any drug crime, call the Maine Criminal Defense Group at 207-571-8146 for a first case evaluation.

Blog posts