17-A §1101. Definitions
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 45: DRUGS
§1101. Definitions
As used in this Title, the following words shall, unless the context clearly requires otherwise, have the following meanings. [1975, c. 499, §1 (NEW).]
1. "Marijuana" includes the leaves, stems, flowers and seeds of all species of the plant genus cannabis, whether growing or not; but shall not include the resin extracted from any part of such plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin including hashish and further, shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
[ 1975, c. 740, §96 (AMD) .]
2. "Hypodermic apparatus," hypodermic syringe, hypodermic needle or any instrument designed or adapted for the administration of any drug by injection.
[ 1975, c. 499, §1 (NEW) .]
3. "Isomer," the optical isomer, except wherever appropriate, the optical, position or geometric isomer.
[ 1975, c. 499, §1 (NEW) .]
4. "Manufacture," to produce, prepare, propagate, compound, convert or process, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis.
[ 1975, c. 499, §1 (NEW) .]
4-A. "Methamphetamine precursor drug" means any drug or product possessed by a person that contains in the aggregate a quantity of more than 9 grams of ephedrine, pseudoephedrine or phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in combination with other ingredients, in dry or solid nonliquid form.
[ 2005, c. 430, §1 (NEW); 2005, c. 430, §10 (AFF) .]
5. "Hashish" includes the resin extracted from any part of the cannabis plant and every compound, manufacture, salt, derivative, mixture or preparation from such resin.
[ 1975, c. 499, §1 (NEW) .]
6. "Narcotic drug," any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
A. Opium and any opiate, and any salt, compound, derivative or preparation of opium or opiate; [1975, c. 499, §1 (NEW).]
B. Any salt, compound, isomer, ester, ether, derivative or preparation thereof which is chemically equivalent or identical to or with any of the substances referred to in paragraph A, but not including the isoquinoline alkaloids of opium; or [1975, c. 499, §1 (NEW).]
C. Opium poppy and poppy straw. [1975, c. 499, §1 (NEW).]
[ 1975, c. 499, §1 (NEW) .]
7. "Opiate."
A. Any substance having an analgesic and addiction forming or addiction sustaining property or liability similar to morphine or capable of conversion into a drug having such analgesic and addiction forming or addiction sustaining property or liability. [1975, c. 499, §1 (NEW).]
B. This term does not include, unless specifically designated or listed in Schedule W, X, Y or Z, the dextrorotatory isomer or 3-methoxy-n-methyl-morphinan and its salts, dextromethorphan, but does include its racemic and levorotatory forms. [1975, c. 499, §1 (NEW).]
[ 1975, c. 499, §1 (NEW) .]
8. "Opium poppy," the plant of the species Papaver somniferum L., except its seeds.
[ 1975, c. 499, §1 (NEW) .]
9. "Poppy straw," all parts, except the seeds, of the opium poppy, after mowing.
[ 1975, c. 499, §1 (NEW) .]
10. "Prescription drug" means a drug which:
A. Under federal law is required, prior to being dispensed or delivered, to be labeled with either of the following statements:
(1) "Caution: Federal law prohibits dispensing without prescription."; or
(2) "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian."; or [1989, c. 384, §1 (NEW).]
B. Is required by an applicable federal or state law or rule to be dispensed on prescription only or is restricted to use by practitioners only. [1989, c. 384, §1 (NEW).]
[ 1989, c. 384, §1 (RPR) .]
11. "Scheduled drug," any drug named or described in section 1102, schedule W, X, Y or Z.
[ 1975, c. 499, §1 (NEW) .]
12. "Schedule W drug," any drug named, listed or described in section 1102, schedule W.
[ 1975, c. 499, §1 (NEW) .]
13. "Schedule X drug," any drug named, listed or described in section 1102, schedule X.
[ 1975, c. 499, §1 (NEW) .]
14. "Schedule Y drug," any drug named, listed or described in section 1102, schedule Y.
[ 1975, c. 499, §1 (NEW) .]
15. "Schedule Z drug," any drug named, listed or described in section 1102, schedule Z.
[ 1975, c. 499, §1 (NEW) .]
16. "State laboratory," a laboratory of any state agency which is capable of performing any or all of the analyses that may be required to establish that a substance is a scheduled or a counterfeit drug, including, but not limited to, the laboratory of the State Department of Health and Human Services and any such laboratory that may be established within the Department of Public Safety.
[ 1975, c. 499, §1 (NEW); 2003, c. 689, Pt. B, §6 (REV) .]
17. "Traffick":
A. To make, create, manufacture; [1975, c. 499, §1 (NEW).]
B. To grow or cultivate, except for marijuana; [1999, c. 374, §1 (AMD).]
C. To sell, barter, trade, exchange or otherwise furnish for consideration; [1999, c. 453, §1 (AMD).]
D. To possess with the intent to do any act mentioned in paragraph C; or [1999, c. 453, §2 (AMD).]
E. To possess 2 grams or more of heroin or 90 or more individual bags, folds, packages, envelopes or containers of any kind containing heroin. [1999, c. 453, §3 (NEW).]
[ 1999, c. 374, §1 (AMD); 1999, c. 453, §§1-3 (AMD) .]
18. "Furnish:"
A. To furnish, give, dispense, administer, prescribe, deliver or otherwise transfer to another; [1975, c. 499, §1 (NEW).]
B. To possess with the intent to do any act mentioned in paragraph A; or [1999, c. 453, §4 (AMD).]
C. To possess at least one gram but less than 2 grams of heroin or at least 45 but fewer than 90 individual bags, folds, packages, envelopes or containers of any kind containing heroin. [1999, c. 453, §5 (NEW).]
[ 1999, c. 453, §§4, 5 (AMD) .]
19. "Imitation scheduled drug," a substance that is not a scheduled drug and which was not obtained by valid medical prescription, but which, by dosage unit appearance or by representations made, would lead a reasonable person to believe that the substance was a scheduled drug.
[ 1981, c. 603, §1 (NEW) .]
20. "Dosage unit," that unit of measurement which is equivalent to an average adult dose.
[ 1981, c. 603, §1 (NEW) .]
21. "Cultivate" means to sow a seed; to grow, raise or tend a plant; to harvest a plant; or to knowingly possess a plant.
[ 1999, c. 239, §1 (NEW) .]
22. "Industrial hemp" means any variety of Cannabis sativa L. with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis and that is grown under a federal permit in compliance with the conditions of that permit.
[ 2003, c. 61, §1 (NEW) .]
23. "Safe zone" means an athletic field, park, playground or recreational facility that is designated as a safe zone by a municipality pursuant to Title 30-A, section 3253.
[ 2005, c. 415, §1 (NEW) .]
SECTION HISTORY
1975, c. 293, §4 (AMD). 1975, c. 499, §1 (NEW). 1975, c. 740, §§96,97 (AMD). 1977, c. 647, §1 (AMD). 1981, c. 603, §1 (AMD). 1983, c. 775, (AMD). 1989, c. 384, §1 (AMD). 1997, c. 481, §1 (AMD). 1999, c. 239, §1 (AMD). 1999, c. 374, §1 (AMD). 1999, c. 453, §§1-5 (AMD). 2003, c. 61, §1 (AMD). 2003, c. 689, §B6 (REV). 2005, c. 415, §1 (AMD). 2005, c. 430, §1 (AMD). 2005, c. 430, §10 (AFF).