Maine Sale of a Controlled Substance Laws

All states regulate and control the sale of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for sale. Maine classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.

This article discusses the manufacture and sale of CDS only. Possessing CDS for personal use carries different penalties. For more information on illegal CDS possession and applicable penalties, see Possession of Controlled Substances in Maine.

Also, although marijuana is considered a CDS, this article does not cover Maine’s marijuana possession and sale laws. To learn more about that topic, see Maine Marijuana Laws.

How Maine Classifies CDS

Maine divides CDS into four “schedules.” Schedule W lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules X, Y, and Z decrease in dangerousness and probability of abuse; and increase in recognized medical uses.

These schedules are also used to determine the applicable penalties for illegally possessing specific CDS (described in the next section). If you’ve been arrested for making or selling CDS, you’ll need to consult the Maine Code that lists precisely which drugs fit into each group. Go to the statute (17-A Me. Rev. Stat. Ann. § 1102) and find the substance you're charged with selling -- it will be listed under one of the four Schedules.

Penalties for Making or Selling CDS

Penalties for illegally making or selling CDS depend on the type of CDS that was involved in the violation. (17-A Me. Rev. Stat. Ann. § 1103.)

Schedule W Substances

The illegal manufacture or sale of a Schedule W substance is a class B crime. Penalties include a fine of up to $20,000, at least five (and up to ten) years in prison, or both.

Schedule X Substances

The illegal manufacture or sale of a Schedule X substance is a class C crime. Penalties include a fine of up to $5,000, at least three (and up to five) years in prison, or both.

Schedule Y and Z Substances

The illegal manufacture or sale of a Schedule Y or Z substance is a class D crime. Penalties include a fine of up to $2,000, at least one (and up to three) years in prison, or both.

Aggravating Factors and Enhanced Penalties.

Certain circumstances associated with the offense, called "aggravating factors," will incur increased penalties according to the schedule of the CDS involved, as described below. These factors include possessing a firearm during a violation; selling CDS to a minor (or making or selling CDS with  a minor’s assistance); committing the crime on or within 1,000 feet of elementary or high school property, other safe zone, or on a marked school bus; and second and subsequent convictions. (17-A Me. Rev. Stat. Ann. § 1105-A.) The increased penalties are:

• Schedule W substances (class A crime). Penalties include a fine of up to $50,000, at least ten years in prison, or both.
• Schedule X substances (class B crime). Penalties include a fine of up to $20,000, at least five (and up to ten) years in prison, or both.
• Schedule Y and Z substances (class C crime). Penalties include a fine of up to $5,000, at least three (and up to five) years in prison, or both.

The following aggravating factors increase the applicable penalties as follows.

• Trafficking more than a specified amount of MDMA, heroin, cocaine, methamphetamine, and certain narcotic drugs. Violations are a class A crime, and penalties include a fine of up to $50,000, at least ten years in prison, or both.
• A Schedule W substance that causes a death or serious bodily injury. Violations involving death are a class A crime. Penalties include a fine of up to $50,000, at least ten years in prison, or both. Violations involving serious bodily injury are a class B crime. Penalties include a fine of up to $20,000, at least five (and up to ten) years in prison, or both.
• Using a motor vehicle in the course of making or selling CDS. In addition to the penalties described above, the defendant will face up to five years of license suspension (beginning after any applicable prison sentence has been completed). (17-A Me. Rev. Stat. Ann. § 1105-B.)

Talk to an Attorney

CDS manufacture or sale convictions incur both heavy fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.