A Democrat-led bill aimed at softening the criminal possession thresholds for crack cocaine was advanced by the Maine Legislature’s Criminal Justice and Public Safety Committee after a work session on Thursday.
State Rep. Nina Milliken (D-Blue Hill) sponsored LD 1366, “An Act to Amend Certain Provisions of the Drug Laws Related to Cocaine Base,” to address what she believes to be longstanding injustice in Maine’s drug laws.
The bill, cosponsored by Portland Democratic Rep. Grayson Looker, proposes eliminating the stricter criminal possession limits for cocaine base — more commonly referred to as crack cocaine — and to bring them in line with the criminal possession thresholds for powder cocaine.
Under current state law, possession of more than four grams of crack cocaine is a Class B crime of unlawful possession of scheduled drugs. The threshold for powder cocaine under the same statute is 14 grams.
The bill would also remove language specific to crack cocaine from the criminal code for the Class A crime of aggravated illegal importation of cocaine that establishes a threshold of 32 grams for crack cocaine, to bring it in line with the higher threshold of 112 grams for powder cocaine.
“This is not just a matter of policy – it’s a matter of justice,” said Rep. Milliken when introducing her bill to the Criminal Justice and Public Safety Committee during an April 14 public hearing.
“Crack has long been associated with lower-income communities, while powder cocaine is more often linked with wealthier, white individuals,” Milliken said. “The disparity in the law, in effect, punishes people more harshly not based on the drug itself, but based on who they are and where they come from.”
Milliken claimed that state law as it stands leads to low-income Mainers being more likely to be arrested for possession of crack and to face more serious charges, while “someone in a more affluent neighborhood” would face lesser charges for “essentially the same conduct.”
“That is not justice–it is a clear reflection of systemic inequality,” she said.
Milliken urged the committee to advance her bill, stating, “By passing this legislation, we will be saying that our laws should be based on facts, not outdated fears or stereotypes. We will be saying that Mainers deserve equal justice, regardless of their income, their zip code, or the form a drug happens to take.”
LD 1366 expands upon similar changes to bring possession thresholds for the crimes of trafficking and furnishing of cocaine and cocaine base in line with each other that were passed and enacted by the 130th Legislature in LD 1675.
Also heard before the committee on Thursday for a work session was LD 1288, sponsored by Republican Sen. David Haggan of Penobscot, a bill that would essentially reverse the changes to the state’s drug laws made by LD 1675.
Brewer Police Chief Christopher Martin was present for the work session on Sen. Haggan’s bill, and said that the changes made by LD 1675 have led to lower drug prices and a higher supply of drugs being brought into Maine by traffickers.
“Our people used to have to travel to Massachusetts to procure their drugs, now the drugs are coming to us,” Chief Martin said. “The greater Bangor hub has become a wholesale supply center for points north, east and west.”
“We have presence of organized gangs here — we’ve had the Bloods up from the Manhattan and Bronx area, we’ve had Dominican-based trafficking groups, we’ve had street gangs from Connecticut, Hartford area, the greater Boston area.”
“The problem is about the worst we’ve ever seen it as far as availability and as far as use on the street,” Martin said.
The Brewer police chief said that the more lenient possession thresholds established by LD 1675 “opened the flood gates” for illegal drugs in Maine.
Rep. Milliken attempted to rebut Martin, asking, “I’m just wondering what the efficacy is of arresting people for these — of continuing to make these crimes illegal, or more criminal in this statute than they already are, if you know full well that another person might just come up behind them.”
Martin explained that local police departments in Maine are limited when it comes to interdicting drugs coming in from out of state, but that increased demand on the local level would require increased federal resources and investigations. He also pointed to the homeless encampments in Bangor and Portland as examples of the negative consequences that come from decreased enforcement.
Milliken and Martin then got into a dispute over the issue of traffickers coming into Maine from out of state.
“The folks who you’re citing that are coming up from out of state, are they bringing less than two grams, or more than two grams when they’re coming up from out of state for trafficking?” Milliken asked Martin.
“They’re bringing a lot more than that, but when–” Martin began, before being cut off by Milliken.
“And you can already arrest those people for very high felony level offenses, correct? Especially if they’re coming from out of state, cause they then also cross state lines for the purposes of selling narcotics, right?” Milliken asked.
Martin called Milliken’s follow-up a “gotcha question,” explaining that the “trafficking doesn’t end with the source supplies.”
“The people that are supplying wholesale quantity aren’t your street dealers, your street dealers are the ones selling grams, half grams,” Martin said.
“The dealing doesn’t end there [with wholesalers], that’s not where the major problem is and where the connection with the drug-related crimes come in that impact our safety in the community,” he added.
Later in the work session on LD 1288, Milliken voiced her strong opposition to the bill, claiming that, if passed, “this bill locks up people — would lock up people who are dealing with their own substance use disorder.”
“The amounts we’re talking about are going to harm people who are in the throws of addiction who are sick and who need help,” she said.
Rep. Haggan’s LD 1288 was reported out of the Criminal Justice and Public Safety Committee as “ought not to pass” in a 6-3 party-line vote, with all Democratic committee members present voting against supporting the bill’s passage.
Milliken’s LD 1366 was reported out “ought to pass” in a 7-4 vote, with all Democrats in favor, and all Republicans against.
<span class="dsq-postid" data-dsqidentifier="38386 https://www.themainewire.com/?p=38386">19 Comments
The stiffer penalties for Crack was because Black grandmothers asked for them 30-35 years ago and legislators listened. Circa 1990, Crack was destroying the Black community, even in Maine.
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The Democrats have turned our State in to drug heaven!
Doesn’t she know you can’t do crack when you’re locked up? Look at it as rehab.
WTF is wrong with these brain dead looser “politicians ” .. (scumbags) Milliken must be a frigging Crack whore to want this bill for our state !! Stuff her full 9f it and see if she still wants it to be legal!!! Steaming pile of 💩 these people deserve NO, decency from the people to whom the wish to rule!
Another asinine bill from Nutty Nina .
Every time I read about her, I first think it’s a joke ,
Nobody can be this looney .
She’s a disgrace to the concept of thoughtful and capable government .
I hope the idiots in her voting district can find a more suitable candidate next time .
She’s a clown .
Cartels have the money or the physical power, to buy / own politicians – law enforcement, they have for years. I get confused when so many think that a politician is sponsoring some BS like this because of sincere intent? Millions of illegals into the country, thousands of cartel members – do you honestly think they are here to spread joy and happiness? They are here to build their criminal empire, and they are very good at it, political corruption is a major building block for them. As long as these born again criminals have the public voting for them, it will allow the cartel to grow, how do you think Mexico got to where it is?
One thing the democrats are masters of is making problems worse with their solutions which only expand the problem which in turn demands more money for more social programs for yet another solution that will only make the problem worse.
Meanwhile our taxes keep going up as our government grows to combat the increase in drug trafficking while indirectly encouraging the abuse of illegal drugs.
Democrats are not interested whatsoever in sensible long term solutions. They are interested in using todays problems/issues to grow their special interest agenda while expanding government control over all of us.
This policy has failed miserably only to expand the drug use in the blue states that were foolish enough to pass insane legislation like this.
The wheels on the bus go round and round..VOTE THEM OUT!
Lets look at this from the perspective of a democrat run non-profit, lots of money to be made if you have the connections. All kinds of social services will be needed.
As Milliken proposes a genuine concern for justice and respect for all people, he pedals the soft bigotry of low expectations for low income Mainers.
The far left agencies of greed and corruption support the illegal drug and human trafficking trades by intentionally concealing these serious crimes from the indoctrinated public. Follow the money and the power to see and hear the tyranny of a one party rule.
Transnational criminal gangs is an understatement. The drug and human trafficking trade in America is a covert military operation of several international adversaries, years in the works, with multiple objectives complete.
With the help of our selected officials and their minions, it will get worse.
These cartels threaten the stability, safety and security of Maine citizens, the state of Maine and the USA. This is an unacceptable national risk.
The cartels function as quasi-government entities, controlling nearly all aspects of society through a campaign of assassinations, terror and rape. We the people do not agree to be part of an international cabal designed to destroy our families, our mental and physical health, our freedoms, our liberty and our republic.
Listen to truth. Walk with honor. Local actions cause national change. Stand and fight. A blind eye to the “root cause” is not sustainable.
Porca miseria. Get rid of all of them. Vote red.
Interesting picture of Miss Milliken with nose ring, stud in upper lip and two studs below her left eye. Having those holes made might have given her familiarity with cocaine.
“Cocaine hydrochloride topical solution contains 4% cocaine and the following inactive ingredients: citric acid, D and C Yellow No. 10, FD and C Green No. 3, sodium benzoate, and water. It is not FDA-approved but allowed for only the following indications: topical anesthesia of the mucous membranes of the oral, laryngeal, and nasal cavities. “
Democrats always view issues through a social justice and oppressed vs the privileged white folks lens without any knowledge of the underlying facts.
Crack cocaine also known as base cocaine is a pure form before it is diluted or cut with other additives to increase its volume and street value. The powder is usually already been mixed with other stuff. The pure base cocaine is usually the form drug dealers have and powder form usually is found with the end users. That may be why there is such a difference in the charges and not because more minorities are caught with crack and the whites with powder. But hey why not just bring the charges for powder up to the more severe charges of crack instead of bringing crack charges down to the less severe charges of powder if they feel there is a great social injustice here. Just more bs the dems love to chase instead of pursuing something much more needed in Augusta.
That would be bad news!
When it is smoked it hurts more people. It gets on everything and gets in their neighbors homes and those neighbors go to work with it on them.
It is NOT fun waking to convulsions because a neighbor is smoking some form of cocaine probably mixed with amphetamines and possibly fentanyl.
It affects peoples movement, makes some lose focus and speech. These are NOT safe items. Causing people to be treated as mentally ill and out of work.
There needs to be more protections for the victims!
Having lost a grandchild to fentanyl, I believe we should follow the example of China for dealers of even small quantities of illegal drugs, Kill them A bit extreme maybe but the problem woulds be solved in a very short period of time with no relapse.
Not her again. I think a deer kicked her in the head. This is what happens when liberals vote for liberal lunatic candidates. Thanks, Chief Martin, for trying to straighten her out, but I am confident your words didn’t make a dent. We can’t get rid of the drug problem in the state by loosening up the laws against trafficking, selling, and possession.
How about increasing the penalty for powder cocaine to meet the current penalty of crack. Or would that make too much sense.
I agree that it is unfair but they got the solution wrong. LOWER the amount of powder to the same amount as crack. That is equal justice and sends the right message!
“The amounts we’re talking about are going to harm people who are in the throws of addiction who are sick and who need help,” she said.
Listen, this chick should have a poor addict stalking her family, costing them thousands and thousands of dollars to defend the innocent children of addicts. Instead of trying to help the innocent children that have these dumb ass parents who continue to think only about themselves as addicts get everything. FREE rehab, free housing, free food stamps, free drugs, free legal, WTH! Addicts are criminals, the only thing we need is a place way up North that incarcerates these lowlifes until they can no longer leach off everything from the community, state and feds.
Imagine working with addicts in a correctional setting devoting time in educating, socialization and rehabilitation while they cry for their babies at home. Their dealer shows up to pick them up when released and headlines the next day are mother overdoses in cheap skanky hotel in SOPO…really a HOTSHOT is the only thing that saves that family from doing this dance over and over again. Get it straight people, addicts will tell you they’d steal from dear old grandma to get their next fix. Live in reality people, walk a day in my shoes.