§1110. Trafficking in or furnishing hypodermic apparatuses
1. Except as provided in subsection 1-B, paragraph A, a person is guilty of trafficking in hypodermic apparatuses if the person intentionally or knowingly trafficks in one or more hypodermic apparatuses. Violation of this subsection is a Class C crime.
A. [PL 2001, c. 383, §131 (RP); PL 2001, c. 383, §156 (AFF).]
B. [PL 1997, c. 340, §1 (RP).]
[PL 2001, c. 383, §131 (AMD); PL 2001, c. 383, §156 (AFF).]
1-A. Except as provided in subsection 1-B, paragraph B, a person is guilty of furnishing hypodermic apparatuses if the person intentionally or knowingly furnishes 11 or more hypodermic apparatuses. Violation of this subsection is a Class D crime.
[PL 2001, c. 383, §132 (AMD); PL 2001, c. 383, §156 (AFF).]
1-B. The following exceptions apply.
A. A person is not guilty of trafficking in hypodermic apparatuses if the conduct that constitutes the trafficking is expressly authorized by Title 32, section 13787-A. [PL 2001, c. 383, §133 (NEW); PL 2001, c. 383, §156 (AFF).]
B. A person is not guilty of furnishing hypodermic apparatuses if the conduct that constitutes the furnishing is expressly authorized by Title 22, section 2383-B. [PL 2001, c. 383, §133 (NEW); PL 2001, c. 383, §156 (AFF).]
[PL 2001, c. 383, §133 (NEW); PL 2001, c. 383, §156 (AFF).]
1-C. It is an affirmative defense to prosecution under subsection 1-A that the person furnishing the hypodermic apparatuses is enrolled in a hypodermic apparatus exchange program that is certified by the Department of Health and Human Services, Maine Center for Disease Control and Prevention and is furnishing the hypodermic apparatuses to an employee of such a program.
[PL 2007, c. 695, Pt. A, §20 (AMD).]
2.
[PL 2001, c. 383, §134 (RP); PL 2001, c. 383, §156 (AFF).]
SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 1987, c. 535, §6 (RPR). PL 1989, c. 384, §5 (AMD). PL 1997, c. 340, §1 (AMD). PL 2001, c. 383, §§131-134 (AMD). PL 2001, c. 383, §156 (AFF). PL 2007, c. 346, Pt. B, §3 (AMD). PL 2007, c. 695, Pt. A, §20 (AMD).
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