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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Maine Drugged Driving

In Maine, a person is guilty of DUI if the person operates a motor vehicle while under the influence of intoxicants. 29-A Me. Rev. Stat. Ann. § 2411(1-A)(A)(1) (West 2010).

Implied Consent

  • If there is probable cause to believe a person has operated a motor vehicle while under the influence of intoxicants, that person shall submit to and complete a test to determine an alcohol level and drug concentration by analysis of blood, breath or urine. Id. §2521(1). The law enforcement officer shall administer a breath test of his choosing unless, in that officer's determination, a breath test is unreasonable. Id. § 2521(2).

  • Before the chemical tests, the officer must notify the driver of the consequences of refusing to submit to the tests. Id. §2521(3). However, a test result may not be excluded as evidence solely as a result of the failure of the law enforcement officer to provide the warnings. Id. § 2521(4).

  • Refusal of test shall result in immediate suspension of license for 275 days, and will be considered an aggravating factor at sentencing. Id. §2521(5)-(6). Failure of a person to submit to a chemical test is admissible in evidence on the issue of whether that person was under the influence of intoxicants. Id. § 2431(3).

Penalties

  • First offense -mandatory minimum penalty of 90 days license suspension, $500 fine, up to 364 days in jail, up to a $2,000 fine, one year of probation. Id. §§ 2411(5)(A), (F).

  • Second offense - minimum seven-day jail sentence, $700 fine, 18-month license suspension without a work-only license, right to register a vehicle for the period of the suspension revoked, possible court ordered drug or alcohol treatment. Id. §§ 2411(5)(B), (F).

  • Third offense - minimum thirty-day jail sentence up to 5 years; $1,100 to $5,000 fine; four-year license suspension without a work-only license; possible court ordered drug or alcohol treatment; two years of probation. Id. §§ 2411(5)(C), (F).

  • Fourth or subsequent offense –minimum six months in jail up to 5 years, $2,100 to $5,000 fine; six-year license suspension; possible court ordered drug or alcohol treatment; two years of probation. Id. §§ 2411(5)(D), (F).

Other Penalties & Penalty Enhancers

  • Driving with a passenger under the age of 21 adds an additional 275 day license suspension. If offender is less than 21, there is an additional license suspension of 180 days. Id. §2411(5)(G).

Sobriety Checkpoints

In Maine, law enforcement officials are entitled to conduct sobriety checkpoints under the federal Constitution.

  • Sobriety checkpoint do not encroach on constitutional protections against unreasonable searches and seizures when all vehicles are stopped, stops are brief, the checkpoint is conducted according to previously approved procedures. State v. Leighton, 551 A.2d 116 (Me. 1988)

  • Turning away from roadblock into driveway creates probable cause and suspicion of criminal conduct. State v. D'Angelo, 605 A.2d 68 (Me. 1992).

Maine Medical Marijuana

SUMMARY: Sixty-one percent of voters approved Question 2 on November 2, 1999. The law took effect on December 22, 1999. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess an oral or written "professional opinion" from their physician that he or she "might benefit from the medical use of marijuana." Patients diagnosed with the following illnesses are afforded legal protection under this act: epilepsy and other disorders characterized by seizures; glaucoma; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea or vomiting as a result of AIDS or cancer chemotherapy. Patients (or their primary caregivers) may legally possess no more than one and one-quarter ounces of usable marijuana, and may cultivate no more than six marijuana plants, of which no more than three may be mature. Those patients who possess greater amounts of marijuana than allowed by law are afforded a "simple defense" to a charge of marijuana possession. The law does not establish a state-run patient registry.

RECIPROCITY: Yes. Authorizes visiting qualifying patient with valid registry identification card (or its equivalent), to engage in conduct authorized for the registered patient (the medical use of marijuana) for 30 days after entering the State, without having to obtain a Maine registry identification card. Visiting qualifying patients are not authorized to obtain in Maine marijuana for medical use. Me. Rev. Stat. Tit. 22, §2423-D (2010).

AMENDMENTS: Yes. Senate Bill 611, which was signed into law on April 2, 2002, increases the amount of useable marijuana a person may possess from one and one-quarter ounces to two and one-half ounces. Question 5, approved by 59 percent of voters on November 3, 2009, mandates the Department of Health to enact rules within 120 days establishing a confidential patient registry and identification card system, and allowing for the dispensing of medicinal cannabis via state-licensed nonprofit dispensaries. The act also expands the list of qualifying illnesses for which a physician may recommend medical cannabis to include: "A. cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail-patella syndrome or the treatment of these conditions; B. a chronic or debilitating disease or medical condition or its treatment that produces intractable pain, which is pain that has not responded to ordinary medical or surgical measures for more than 6 months; C. a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis; or D. any other medical condition or its treatment approved by the department as provided." Read the full text.

ADDITIONAL AMENDMENTS: Yes.

LD. 1811, signed into law on April 9, 2010, authorizes the creation of up to eight nonprofit medical cannabis dispensaries – one for each of the state's public health districts. Under the measure, dispensaries may legally "acquire, possess, cultivate, manufacture, deliver, transfer, transport, sell, supply or dispenses marijuana or related supplies and educational materials" to state-authorized medical marijuana patients. The Maine Department of Health and Human Services will oversee the licensing of these facilities.

The law also requires, for the first time, that authorized patients join a confidentially state registry. Cardholding patients will not be subject to "arrest, prosecution or penalty in any manner, including but not limited to a civil penalty or disciplinary action by any business or occupational or professional licensing board or bureau, or denied any right or privilege," for their possession, use, or cultivation of authorized amounts of medical cannabis (2 and one-half ounces and/or six plants).

Full text of the law is available here.

ADDITIONAL AMENDMENTS: Yes.

LD 1296, signed into law on July 24, 2011, eliminates the 2010 legislative mandate requiring medical marijuana patients to be registered with the state in order to receive legal protection under state law. It also eliminates language requiring physician's to disclose a patient's specific medical condition with the Maine Department of Health and Human Services. In addition, LD 1296 limits the ability of law enforcement to seize cannabis from lawful patients, and mandates for the return of any seized property within seven days.

The new law takes effect in approximately 90 days.

Full text of the measure is available here.

MEDICAL MARIJUANA STATUTES: Me. Rev. Stat. tit. 22, § 2383-B(5), (6) (1999) (amended 2001).

Me. Rev. Stat. tit. 22, § 2383-B(3)(e) (amended 2001) (increasing amount of marijuana a patient may posses to two and one-half ounces).

CAREGIVERS: Yes. Primary caregiver is a person providing care for the registered patient. The caregiver must be 21 years of age or older. The caregiver can never have been convicted of a disqualifying drug offense. Patients can name one or two primary caregivers. (only one person may be allowed to cultivate marijuana for a registered patient) Me. Rev. Stat. Tit. 22, §§2422; 2425 (2010).

STATE REGULATIONS: Statement of Maine's Medicinal Marijuana Law [PDF]

CONTACT INFORMATION: Brochures outlining Maine’s medical marijuana law are available from:

www.mainecommonsense.org

Maine Citizens for Patients Rights
PO Box 1074
Lewiston, ME 04243

Maine Penalties


Incarceration


Fine

Possession

Usable amount with proof of physician's recommendation

none

none

none

"Usable Amount" (under <2.5 oz)

civil violation

none

$350 - $600
subsequent violation within 6 months $550

2.5 oz or more

Presumption of Sale, Rebuttable

Cultivation

5 plants or less

class E misdemeanor

6 months

$1,000

5 - 100 plants

class D misdemeanor

1 year

$2,000

100 - 500 plants

class C felony

5 years

$5,000

More than 500 plants

class B felony

10 years

$20,000

Sale

1 lb or less

class D misdemeanor

1 year

$2,000

1 lb - 20 lbs

class C felony

5 years

$5,000

20 lbs or more

class B felony

10 years

$20,000

Sale to minor or within 1,000 feet of a school or on a school bus

felony

5 years

$5,000

Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

Paraphernalia possession and use

civil violation

none

$300

Paraphernalia sale

misdemeanor

6 months

$1,000

Paraphernalia sale to a minor

misdemeanor

1 year

$2,000

Any conviction may cause professional license suspension or revocation.

 

Details

 

Possession of less than 2.5 ounces is a civil violation, punishable by a fine of $200 - $400. Possession of 2.5 ounces or more is considered evidence of intent to distribute and is punished as such (see below).

Possession of a usable amount of marijuana is lawful if at the time of the possession the person has an authenticated copy of a medical record demonstrating that the person has a physician's recommendation.

Cultivation of five plants or less of marijuana is punishable by up to six months in jail and a fine of up to $1,000. For greater than five plants, the penalties increase to up to one year in jail and a fine of up to $2,000. For greater than 100 plants the possible punishment is up to five years in prison and a fine of up to $5,000. For any amount of plants greater than 500, the penalties increase to up to ten years in prison and a fine of up to $20,000.

The penalty for sale of marijuana is up to one year in jail and a fine up to $2,000. The penalties increase to up to five years in prison and a fine of up to $5,000 if the sale was made to a minor or if it occurred within 1,000 feet of a school or on a school bus.

Possession of greater than one pound of marijuana is considered trafficking and is punishable by up to one year in jail and a fine of up to $2,000.

Possession and personal use of paraphernalia is a civil violation punishable by a fine of $200. The sale of paraphernalia is punishable by up to six months in prison and a fine of up to $1,000, unless the sale was to a minor, in which case the penalty increases to up to one year in jail and a fine of up to $2,000.

Upon conviction, the court may suspend or revoke the professional license of the offender.

 



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