AUGUSTA, Maine - Among the measures that became law in the wake of the high-profile veto dispute between Gov. Paul LePage and the Legislature are two conflicting drug bills. One creates tougher drug possession penalties, while the other reduces them, so the increased penalties cannot take effect until lawmakers address the conflict next year.
In the closing days of the legislative session, lawmakers passed two bills dealing with drug penalties. One is a bill sponsored by Republican Sen. Roger Katz of Augusta that addresses many types of drugs, but reduces penalties for first-time possession to a misdemeanor offense.
But lawmakers also approved a bill put forward by Attorney General Janet Mills, a Democrat, that included provisions that stiffen penalties for simple possession of two specific drugs, cocaine and fentanyl powder.
“Our intent was to elevate the crime; their intent is to reduce the crime, reduce the penalties for all possession of all kinds of drugs," Mills says, "so they are in conflict in that respect.”
Mills says she will direct her staff to only seek the lesser, misdemeanor penalty until she can submit legislation in January to address the conflict in the laws. She opposed the Katz bill because she believes that possession of some drugs should carry a prison term of up to five years
“While the Legislature has acted to reduce the penalties for the possession of many drugs to a misdemeanor offense, there are some drugs which the possession should be a felony, whether you have a prior record or not," Mills says. "That is the conflict. “
Sen. Katz says he understands the Attorney General’s position and will withhold judgment on whether he will support or oppose her legislation to make first-time possession of some drugs a felony.
Katz says his bill was crafted as a response to the fact that too many people are in prison for first time drug offenses, "The way we are approaching drug abuses in our society, which is, 'Let’s come down hard on it, let's lock everybody up,' is just not working.”
Katz says the Legislature agreed with his approach, which is to make first-time possessors of illegal drugs spend some time in jail, and hopefully get some treatment while they are there. But he says a one-time lapse of judgment shouldn't ruin someone's life.
“Yes drug possession is a very serious thing," Katz says, "but first offense possession, particularly of narcotic drugs, shouldn’t label someone as a felon for the rest of their life, with all the implications that has in terms of the ability to get a job, to get a college loan.”
Mills and Katz say the Legislature didn't have a chance to resolve the conflict while in session this year, due to the dispute over whether the governor had missed the deadline to present vetoes. That dispute was settled recently by the Maine Supreme Judicial Court, which ruled against LePage.
