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Amend the bill by inserting after the enacting clause and before section 1 the following:
‘Sec. 1. 17-A MRSA §1106, sub-§3, ¶A,  as enacted by PL 1989, c. 924, §12, is amended to read:
 
A. More than 1 1/42 1/2 ounces of marijuana;’
Amend the bill in section 1 in paragraph F in subparagraph (1) in the first line (page 1, line 6 in L.D.) by striking out the following: "4" and inserting the following: '2 1/2'
Amend the bill by striking out all of section 2 and inserting the following:
‘Sec. 2. 22 MRSA §2383, sub-§1,  as amended by PL 2005, c. 386, Pt. DD, §3, is further amended to read:
 
1. Marijuana.   Except as provided in section 2383-B, subsection 5, a person may not possess marijuana.
 
A. A person who possesses a usable amount of marijuana commits a civil violation for which a fine of not less than $350 and not more than $600 must be adjudged for possession of up to 1 1/4 ounces of marijuana and a fine of not less than $700 and not more than $1,000 must be adjudged for possession of over 1 1/4 ounces to 2 1/2 ounces of marijuana, none of which may be suspended.
 
B. A person who possesses a usable amount of marijuana after having previously violated this subsection within a 6-year period commits a civil violation for which a fine of $550 must be adjudged, none of which may be suspended.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment makes it a civil violation to possess up to 2 1/2 ounces of marijuana. The fines for possession of up to 1 1/4 ounces do not change, and fines for possession of up to 2 1/2 ounces must be not less than $700 and not more than $1,000. The amendment repeals penalties for prior civil violations, since the new fines are up to the same amount. The amendment also changes the permissible inference that a person is unlawfully furnishing marijuana by raising the amount from more than 1 1/4 ounces to more than 2 1/2 ounces to be consistent with the new criminal offense of possession of more than 2 1/2 ounces of marijuana.
FISCAL NOTE REQUIRED
(See attached)