“Trafficking” for drugs offenses defined.

Did you know that the mere possession of 2 grams or more of heroin is trafficking in scheduled drugs?  It does not matter if you possessed the heroin for personal consumption.  Our legislators decided to define trafficking to include this type of possession.

Trafficking is defined as:

  1. to make, create, manufacture;
  2. to grow or cultivate, except marijuana;
  3. To sell barter, trade, exchange or otherwise furnish for consideration;
  4. To possess with the intent to sell barter, trade, exchange or otherwise furnish for consideration; or
  5. to possess 2 grams or more of heroin or 90 or more individual bags, folds, packages, envelopes or containers of any kind containing heroin.

The statutory definition of trafficking in scheduled drugs can be found here.  Additionally, there is “presumptive trafficking”.  Under our law a person is presumed to be trafficking in scheduled drugs if they possess a certain quantity of a certain drugs.  The presumption can be rebutted.  I will blog about presumptions in criminal case in a separate post later.

A person is presumed to be trafficking if the person intentionally or knowingly possess:

  • More than one pound of marijuana;
  • Fourteen grams or more of cocaine or 4 grams or more of cocaine in the form of cocaine base;
  • Lysergic acid diethylamide in any of the following qunatities, states or concentrations:
    • any compound, mixture substance or solution in a liquid state that contains a detectable quantity of lysergic acid diethylamide;
    • fifty or more square, stamps, tablets, units of any compound, mixture or substance containing  a detectable quantity of lysergic acid diethylamide; or
    • any quantity of any compound, mixture or substance that, in the aggregate, contains 2,500 micrograms or more of lysergic acid diethylamide;
  • Fourteen grams or more of methamphetamine;
  • Ninety or more pills, capsules, tablets, vials, ampules, syringes or unis containing any narcotic drug other than heroin;
  • Any quantity of pills, capsules, tablets, units, compounds, mixtures or substances that, in the aggregate, contain 800 milligrams or more of oxycodone or 100 milligrams or more of hydromorphone; or
  • Thirty or more pills, capsules, tablets or units containing 3, 4-methylenedioxymethamphetamine, MDMA, or
    • 3, 4 – methylenedioxy amphetamine, MDA;
    • 5 methoxy – 3, 4 methylenedioxy amphetamine, MMDA;
    • 3, 4, 5 – trimethoxy amphetamine, TMA;
    • 4 – methyl – 2, 5 – dimethoxyamphetamine, DOM;
    • 2, – 3 methylenedioxyamphetamine;
    • 2, 5 – dimethoxyamphetamine, DMA;
    • 4 – bromo – 2, 5 – dimethoxyamphetamine, DOB;
    • 4 methoxyamphetamine;
    • 3, 4 – methylenedioxymethamphetamine, MDMA;
    • 4 – bromo – 2, 5 – dimethoxyphenethylamine, NEXUS;
    • 3, 4 – methylenedioxy-N-ethylamphetamine, MDE;
    • Paramethoxymethamphetamine, PMMA;
    • Paramethoxyamphetamine, PMA; and
    • Paramethoxyethylamphetamine, PMEA

That is essentially what it means to traffick in scheduled drugs and to be presumptively trafficking in scheduled drugs.

I find it interesting to read police reports that state based on the way the drugs were packaged the person had to be trafficking.  I see this language in a lot of police reports including MDEA (Maine Drug Enforcement Agency) reports.  Um, excuse me officer but when a person purchases drugs does the packaging automatically change?  It is not how the drugs are packaged that should control whether a person is trafficking but the surrounding circumstances.  For examples, does the person have cutting agents, a list of what the person is owed financially, how much was fronted to someone, empty baggies and the like?  To me and a lot of juries that is more indicative of someone trafficking than the manner in which the drugs are packaged or a presumption.

I hope  you find the information in this post educational.  If you have been charged with trafficking call my office to represent you.  I am a former drug prosecutor for the Maine Department of Attorney General and worked closely with MDEA.  I know the ins and outs of our drugs laws and I know how to assist you.

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