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Maine Drug Crimes Lawyer

If you are facing accusations of drug-related crimes in Maine, getting help from an experienced drug crimes lawyer is vital. David J. Bobrow Office of Law, LLC offers the help, support, and guidance you need. With over two decades of legal experience, we have the skills, legal acumen, and technical knowledge to protect your rights. Reach out to us to speak confidentially about how we can help you.

What Drug Crimes Exist in Maine?

Drug charges in Maine include many offenses, including possession (having substances in your physical reach or in your space), manufacturing (creating substances), and trafficking (transporting and selling substances). Understanding what the State has accused you of is the first step in building a defense against the charges (individual “crimes” or criminal offenses).

What Substances Are Illegal? (“Scheduled Drugs”)

Maine law categorizes drugs into schedules based on their potential for abuse, their valid medical uses, and relative safety, as follows: 

  • Schedule W. Substances with a high potential for abuse and no accepted medical use or with severely restricted use, like cocaine, methamphetamine, and heroin.
  • Schedule X. Substances with relatively high potential for abuse but accepted medical uses, like Benzodiazepines (Xanax, Valium) and prescription opioids (OxyContin, Percocet).
  • Schedule Y. Substances generally available by prescription and with lower abuse potential compared to those in Schedules W and X, like certain barbiturates and codeine.
  • Schedule Z. Substances generally available by prescription with lower abuse potential and accepted medical uses, like certain anabolic steroids and cough medicine.

The seriousness of the crime you get charged with typically depends on what the substance is, how much of it you possess, whether the police discover equipment related to manufacturing or using the substance, and whether the circumstances indicate you intend to sell the substance.

Drug Possession Charges

Maine categorizes drug possession charges based on the type and quantity of the substances involved. You commit unlawful possession of a Schedule W drug by possessing any amount of the substance and unlawful possession of a drug listed in Schedules X, Y, or Z by possessing the substance without a valid prescription.

Manufacturing Charges

Manufacturing charges involve creating, synthesizing, or otherwise producing scheduled substances. Potential manufacturing charges include:

  • Use of drug paraphernalia,
  • Unlawfully cultivating marijuana (growing without authorization), and
  • Unlawful operation of a methamphetamine lab.

The State may charge you with these offenses if it discovers equipment used to make drugs, chemical purchases, or growing sites.

Drug Trafficking Charges

Drug trafficking charges involve the sale, transport, or distribution of scheduled drugs. These offenses include:

  • Unlawfully furnishing scheduled drugs. Distributing or providing drugs to another person without legal authorization.
  • Unlawful trafficking in scheduled drugs. Distributing or transporting scheduled drugs for the purpose of sale or delivery.
  • Trafficking in or furnishing counterfeit drugs. Distributing or selling drugs you falsely represent as scheduled drugs.
  • Trafficking or furnishing imitation scheduled drugs. Distributing or selling substances chemically similar to but distinct from scheduled drugs.
  • Illegal importation of scheduled drugs. Importing controlled substances into Maine from another state or country for distribution or sale without authorization.

Some offenses can become aggravated offenses (more serious charges with more severe penalties) based on factors such as:

  • Quantity of the substance,
  • Involvement of minors, or
  • Use of firearms. 

Bringing substances near schools or other safe zones can also increase the severity of the charges.

Consequences of Conviction

Being convicted of a drug-related offense in Maine can result in significant penalties, including confinement in prison or jail, a fine, and probation (a supervised release program). Fines typically range from $2,000 to $50,000, depending on the details of the alleged offense. 

How high of a fine a judge orders may be limited by your ability to pay. Terms of confinement (how much time you spend in prison or jail) vary significantly based on different offenses, the circumstances involved in the offense, and the type of substance. For example, unlawful possession may result in a sentence of up to:

  • Six months for Schedule Y or Z drugs,
  • One year for Schedule X drugs,
  • Five years for certain Schedule W drugs in limited quantities, or
  • Ten years for certain Schedule W drugs in larger quantities.

Fines and periods of confinement can double or even triple if the alleged circumstances qualify the offense as aggravated.

Penalty Alternative: Diversion Programs

Maine recognizes that treatment can be more effective than punishment. Diversion programs, called “deferred disposition,”  offer alternatives to jail for certain individuals accused of drug crimes. Through diversion programs, you may address substance abuse issues and sometimes even avoid a criminal record.

Whether you qualify for a diversion program depends on factors like whether:

  • The alleged offense involved violence or other aggravating factors,
  • You have any criminal history, and
  • You are willing to complete a substance abuse treatment program.

To benefit from the program, you usually have to meet specific requirements, including:

  • Attending mandatory substance abuse treatment,
  • Undergoing regular drug testing, and
  • Complying with any other court-ordered conditions.

Successful completion often results in the State dismissing the charges from your record so that you no longer have a criminal history.

Defending Against Drug Charges

Effective defense strategies for drug charges require a comprehensive understanding of the law and a strategy tailored to your unique circumstances. Our office uses different methods to help our clients achieve the best outcomes, whether that means dismissal, reduced charges, or acquittal.

Challenging the State’s Evidence

We may challenge the State’s evidence by:

  • Questioning the accuracy of drug tests,
  • Identifying issues with how the government handles evidence, and
  • Challenging testimony provided by witnesses or law enforcement.

These strategies raise doubts about whether the government’s evidence is reliable.

We may also raise constitutional challenges, meaning arguing that police violated your constitutional rights when they obtained the evidence it is using against you. This may involve arguing that the State should not get to use:

  • Evidence obtained without probable cause or a valid warrant,
  • Statements made without Miranda warnings, or
  • Statements made in violation of your right against self-incrimination.

If the judge agrees that police violated your rights, the judge may forbid the State from using the evidence. As a result, the prosecution may be left with little evidence, making it dismiss or reduce the charges against you.

Negotiating with the Government

Your attorney may also negotiate with the State on your behalf to, for example:

  • Reduce trafficking charges to possession when the government does not have evidence that you intended to transport or sell the substance;
  • Enter a guilty plea in exchange for the State not recommending jail time; or
  • Highlight why you are a good fit for a diversion program.

Although your lawyer negotiates on your behalf, whether you accept any deal the State offers is your choice.

How We Can Help

Facing a drug charge can feel overwhelming, but we are here to help. With decades of experience and recognition as a top-rated attorney, David Bobrow understands the complexities of Maine’s drug laws and how to navigate the legal system. If you are facing drug-related charges, contact our office to speak with a drug crimes lawyer today. We also defend against criminal charges in New Hampshire, Massachusetts, and Federal court.

Resources:

  • 17-A MRS § 1101, link.
  • 17-A MRS § 1102, link.
  • 17-A MRS § 1103, link.
  • 17-A MRS § 1104, link.
  • 17-A MRS § 1105-A, link.
  • 17-A MRS § 1105-B, link.
  • 17-A MRS § 1105-C, link.
  • 17-A MRS § 1105-D, link.
  • 17-A MRS § 1105-E, link.
  • 17-A MRS § 1106, link.
  • 17-A MRS § 1107-A, link.
  • 17-A MRS § 1111-A, link.
  • 17-A MRS § 1117, link.
  • 17-A MRS § 1118, link.
  • 17-A MRS § 1118-A, link.
  • 17-A MRS § 1124, link.
  • 17-A MRS § 1125, link.
  • 17-A MRS § 1126, link.
  • 17-A MRS § 1502, link.
  • 17-A MRS § 1604, link.
  • 17-A MRS § 1704, link.