Maine Code § 17-A-1101

Definitions
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As used in this Title, the following words shall, unless the context clearly requires otherwise, have
the following meanings. [PL 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 does 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 does 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 that is incapable
of germination. "Marijuana" does not include hemp as defined in Title 7, section 2231, subsection 1-A,
paragraph D.
[RR 2021, c. 2, Pt. A, §35 (COR).]
1-A.
[PL 2013, c. 341, §1 (RP).]
1-B.
[PL 2013, c. 341, §2 (RP).]
2. "Hypodermic apparatus," hypodermic syringe, hypodermic needle or any instrument designed
or adapted for the administration of any drug by injection.
[PL 1975, c. 499, §1 (NEW).]
3. "Isomer," the optical isomer, except wherever appropriate, the optical, position or geometric
isomer.
[PL 1975, c. 499, §1 (NEW).]
3-A.
[PL 2013, c. 341, §3 (RP).]
3-B.
[PL 2013, c. 341, §4 (RP).]
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.
[PL 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.

[PL 2005, c. 430, §1 (NEW); PL 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. "Hashish" does not include the
resin extracted from hemp as defined in Title 7, section 2231, subsection 1-A, paragraph D.
[PL 2019, c. 528, §3 (AMD).]
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;
[PL 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 [PL 1975, c. 499, §1 (NEW).]
C. Opium poppy and poppy straw. [PL 1975, c. 499, §1 (NEW).]
[PL 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. [PL 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. [PL 1975, c. 499, §1 (NEW).]
[PL 1975, c. 499, §1 (NEW).]
8. "Opium poppy," the plant of the species Papaver somniferum L., except its seeds.
[PL 1975, c. 499, §1 (NEW).]
9. "Poppy straw," all parts, except the seeds, of the opium poppy, after mowing.
[PL 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 [PL 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. [PL 1989, c. 384, §1 (NEW).]
[PL 1989, c. 384, §1 (RPR).]
11. "Scheduled drug," any drug named or described in section 1102, schedule W, X, Y or Z.
[PL 1975, c. 499, §1 (NEW).]
12. "Schedule W drug," any drug named, listed or described in section 1102, schedule W.
[PL 1975, c. 499, §1 (NEW).]
13. "Schedule X drug," any drug named, listed or described in section 1102, schedule X.
[PL 1975, c. 499, §1 (NEW).]
14. "Schedule Y drug," any drug named, listed or described in section 1102, schedule Y.

[PL 1975, c. 499, §1 (NEW).]
15. "Schedule Z drug," any drug named, listed or described in section 1102, schedule Z.
[PL 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.
[PL 1975, c. 499, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
16-A.
[PL 2013, c. 194, §5 (RP).]
17. "Traffick":
A. To make, create, manufacture; [PL 1975, c. 499, §1 (NEW).]
B. To grow or cultivate, except for marijuana; [PL 1999, c. 374, §1 (AMD).]
C. To sell, barter, trade, exchange or otherwise furnish for consideration; or [PL 2021, c. 396,
§1 (AMD).]
D. To possess with the intent to do any act mentioned in paragraph C. [PL 2021, c. 396, §1
(AMD).]
E. [PL 2021, c. 396, §1 (RP).]
F. [PL 2021, c. 396, §1 (RP).]
[PL 2021, c. 396, §1 (AMD).]
18. "Furnish":
A. To furnish, give, dispense, administer, prescribe, deliver or otherwise transfer to another; or
[PL 2021, c. 396, §2 (AMD).]
B. To possess with the intent to do any act mentioned in paragraph A. [PL 2021, c. 396, §2
(AMD).]
C. [PL 2021, c. 396, §2 (RP).]
D. [PL 2021, c. 396, §2 (RP).]
[PL 2021, c. 396, §2 (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.
[PL 1981, c. 603, §1 (NEW).]
20. "Dosage unit," that unit of measurement which is equivalent to an average adult dose.
[PL 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.
[PL 1999, c. 239, §1 (NEW).]
22.
[PL 2019, c. 528, §4 (RP).]
22-A. "Hemp" has the same meaning as in Title 7, section 2231, subsection 1-A, paragraph D.
[PL 2019, c. 528, §5 (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.
[PL 2005, c. 415, §1 (NEW).]
24. "Fentanyl powder" means any compound, mixture or preparation, in granular or powder form,
containing fentanyl or any derivative of fentanyl listed in section 1102, subsection 1, paragraph I in any
quantity.
[PL 2017, c. 274, §1 (AMD).]
25. Cocaine. "Cocaine" means:
A. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine and
derivatives of ecgonine and their salts have been removed; or [PL 2017, c. 432, Pt. E, §1
(NEW).]
B. A mixture or preparation that contains any quantity of any of the following substances:
(1) Cocaine, its salts, optical and geometric isomers and salts of isomers;
(2) Ecgonine, its derivatives, their salts, isomers and salts of isomers; or
(3) Cocaine base, which is the alkaloid form of cocaine. [PL 2017, c. 432, Pt. E, §1 (NEW).]
[PL 2017, c. 432, Pt. E, §1 (NEW).]
26. Heroin. "Heroin" means any compound, mixture or preparation containing heroin
(diacetylmorphine) in any quantity.
[PL 2017, c. 432, Pt. E, §1 (NEW).]

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