As in many states, Maine marijuana laws have relaxed in the past 15 years, and now, on November 8, voters will face the question of legalizing the cultivation, use and possession of marijuana by those 21 or older.
The medical marijuana law was passed in 1999, and a 2009 ballot initiative amended the law to allow dispensaries and add more qualifying medical conditions. Also in 2009, Maine effectively decriminalized possession and use of marijuana up to 2.5 ounces.
Will voters now legalize recreational marijuana?
The Maine Marijuana Legalization Measure ballot question, also known as Question 1, states:
Do you want to allow the possession and use of marijuana under state law by persons who are at least 21 years of age, and allow the cultivation, manufacture, distribution, testing, and sale of marijuana and marijuana products subject to state regulation, taxation and local ordinance?
The ballot question will appear after a successful citizens petition, which Secretary of State Mike Dunlap initially threw out over 17,000 allegedly invalid signatures; however, the petition was upheld in Superior Court in April.
Maine is not alone – five states will have a recreational marijuana legalization question on their 2016 ballot. While medical use has been legalized in many states, only Alaska, Colorado, Oregon and Washington have legalized recreational use. Possession of marijuana remains a federal crime.
The Act
An Act to Regulate and Tax Marijuana allows a person 21 or older to use, possess, and transport for reasons other than sales, marijuana accessories and up to 2.5 ounces of cultivated marijuana, six flowering plants, 12 immature plants and unlimited seedlings, and to possess all marijuana cultivated from those plants at that persons residence.
The proposed bill also allows for the licensing of retail marijuana cultivation testing and products manufacturing facilities, stores and social clubs for on-premise consumption, and for individuals over 21 to purchase and use marijuana at a retail establishment, social club or a private residence.
The Act gives municipalities the power to regulate the number and location of retail stores and social clubs or to prohibit them entirely although they cannot prohibit cultivation facilities.
In Blue Hill, a 2016 town meeting straw poll on allowing retail marijuana and marijuana product sales showed 192 voters in favor and 318 opposed.
That is where youll see the [difference between] the two Maines, Blue Hill Selectman Jim Schatz recently said, predicting that small-town voters would not find marijuana retail shops and social clubs appropriate for their town.
However, Scott Gagnon, director of the Maine chapter of Smart Approaches to Marijuana (SAM), which opposes Question 1, noted in a recent interview with Penobscot Bay Press, that municipal control is not ironclad in the act, and that a cultivation facility could also sell retail marijuana without being an official retail store.
You could characterize the local control as weak, at best, Gagnon said. This is where youd get into legalese and lawyers.
Regulation and taxation
If Question 1 passes, the state licensing authority will be the Department of Agriculture, Conservation and Forestry. Taxation is set at 10 percent tax on retail marijuana and marijuana products, and annual licensing fees range up to $12,000. Municipalities will receive half of the license revenue for facilities and retail shops located within their borders.
The Department will also be allowed to limit the concentration of THC, the psychoactive component of marijuana, in retail marijuana products.
The department would license a total of 800,000 square feet of plant canopy, unless the state licensing authority determines that more is needed to ensure an adequate supply to meet demand.
First priority for licenses will be given to registered medical marijuana caregivers or those who have served as an officer or board member of a registered nonprofit medical dispensary.
In Hancock County, there were 113 individual caregivers registered with the Department of Health and Human Services in 2015, with 1,696 patient certificates issued, according to the Maine Medical Use of Marijuana Program annual report, with the caveat that the patient certification number includes misprints, reissues and other anomalies. The state total for patient certificates issued in 2015 is 37,675.
State revenue from June 2014 to June 2015 for the medical marijuana program was $1,045,352 against $572,329 in expenses, according to the report. Medical marijuana is taxed at 5.5 percent.
The impact of an approved Question 1 on the medical marijuana industry is unknown. There are some in the medical marijuana community who oppose legal recreational cultivation, publicly citing concerns of more regulations, and higher licensing fees and prices. The trade organization Medical Marijuana Caregivers of Maine has not taken a position on Question 1.
Revenue and youth
The economic impact of legalizing marijuana cultivation and products is not as simple as the millions projected to be raised through the 10 percent tax and licensing fees. Gagnon said Smart Approaches to Marijuanas position is that, like alcohol and tobacco, the amount of tax revenue brought in through regulation will be outweighed by costs to public health.
For alcohol, we spend $10 for every $1 we receive, Gagnon said. If it follows the tobacco and alcohol model, were going to be paying more.
In a June press release following the approval of Question 1 on the ballot, advocate organization Yes on 1 raised the economic effects that bringing an underground economy into state regulation had in states that had legalized marijuana.
Hundreds of millions of dollars in marijuana sales that used to take place in the underground market are now
generating significant tax revenue and creating good jobs, Campaign Manager David Boyer stated.
The Act states that, after expenses for administering marijuana laws, and an amount not to exceed $30 million to fund school construction, maintenance and operation costs, including teacher compensation, the remaining revenue, if any, must be deposited in the General Fund.
But Gagnon, who is also a drug prevention counselor, said that SAM Maine mainly sees legalizing marijuana as a public health issue, especially the perceived risk to youth.
This isnt about demonizing people who are using marijuana in the comfort of their home, he said. Were really coming from the public health piece of it, which we think is pretty significant. We see this as dramatically increasing youth access to marijuana. It will allow potentially 100 shops across the state, in prominent areas with high visibility, with edibles potentially on display.
However, Yes on 1 cites lower marijuana use in teens both nationwide and in Colorado, which legalized marijuana in 2015.
According to a 2015 United States Center for Disease Control and Prevention report, when surveyed, 21.7 percent had used marijuana in the past 30 days, a decrease from 25.3 percent in 1995. (Comparatively, 32.8 percent of high school students stated they had drunk alcohol in 2015.) In Colorado, where voters passed legalization in 2012, the Department of Public Health reported 21.2 percent of teen use in 2015.
But for Gagnon, increased access for adults translates to easier access for youth, especially in edible form.
This is way more complex than just saying yes, lets legalize and tax marijuana, he concluded. For voters, however they ultimately decide, they should understand the details.
Municipalities will have the power to regulate the number and location of retail stores and social clubs or to prohibit them entirely.
News Moderator: Katelyn Baker
Full Article: Voters To Decide Question Of Legalizing Marijuana
Author: Anne Berleant
Contact: info@pbp.me
Photo Credit: Iriana Shiyan
Website: Castine Patriot
