On December 5th 1933 at exactly 5:32pm eastern standard time, Utah signed on as the last of the 36 states needed to ratify the 21st amendment, repealing the nation’s failed 13-year prohibition policy experiment banning the sale and use of alcohol nationwide. At 6:55 p.m., President Roosevelt signed an official proclamation announcing the nation’s new alcohol policy.
It was clear to the public, and politicians of the day that alcohol prohibition had failed in everything it was trying to achieve. The 18th amendment led to widespread disrespect for the law, black market violence, serious loss of tax revenue, and a drain on police resources.
Here we are again, eighty years later fighting another, equally damaging policy of marijuana prohibition. Unlike the short lived 18th amendment however, our nation’s punitive and disastrous marijuana laws have been in effect for more than 75 years. The longevity of this current prohibition has resulted in exponentially more damage to our society than that caused by the alcohol laws of the 1920’s and early 30’s. Today’s laws have ruined millions of lives and wasted hundreds of billions of taxpayer dollars. It has fueled the black market, contributes to the erosion of civil liberties and continues to line the pockets of criminals and cartels.
Eighty years ago today, our President and 36 states came to the same conclusion: That making something a majority of people perceive as harmless and fun illegal will not make it go away, or solve any problems perceived to be associated with its use. It is about managing public safety by containing the market and managing the user experience. The majority of alcohol drinkers and marijuana users are responsible people who consume in moderation. It is time for our lawmakers to recognize what their predecessors did so many years ago, legalization and regulation is the only sensible solution. Colorado and Washington are pioneering a new policy allowing for the legal, taxable sale of marijuana to adults 21+, and it is only a matter of time before more states follow suit. Through an environment of control, standardization and accountability, both for the individual and the industry, our nation can begin to undo the generations of damage brought on by marijuana prohibition.
The days of marijuana prohibition are numbered and one day, marijuana will take its rightful place alongside alcohol as a legal recreational alternative. One day, we too will be celebrating our very own day of repeal.
Despite experiencing setbacks when it came to reintroducing marijuana legalization legislation for the 2014 Maine legislative session, efforts are already underway to prepare for 2015. The primary sponsor of the previous marijuana legalization bills in the state, Rep. Diane Russell, and NORML are seeking input regarding the drafting of this legislation. We feel the current draft is well written and accomplishes a number of goals we can all agree on, such as the establishment of retail outlets to sell marijuana to those over the age of 21, allowing for home cultivation, protecting the current medical marijuana program, dedicating tax revenue to establish subsidies to low income patients to help them afford their medical cannabis, implement a reasonable tax structure for marijuana sold at retail, and give deference on retail licenses to those who have held residency in Maine for several years. Below is a message from Rep. Russell, read it over then click the link to read the current bill draft and leave your comments (be polite and constructive!).
I’ve been working hard to draft a responsible bill that balances a variety of stakeholder interests, along with what is politically viable. It is designed to be a rational, pragmatic bill designed to move Maine forward toward ending prohibition.
My goal has always been to pull together the best version I could, and then open it up for public comment this week so everyone can help make it even better. I just wanted to be sure we had a good version of the bill to start from. Just log in with Facebook or Twitter and leave the comments and suggestions for all of us to see. You can start a “new suggestion” in the control box to the right, after you sign in.
It’s yours now.
So here’s the deal. Write whatever you want, suggest whatever you think makes it better. It’s yours to critique, to provide feedback and to comment freely.
All comments received before December 15, 2013 will be aggregated, and I will work to incorporate constructive, realistic feedback into the final bill which I’d like to release early next year.
Some Key Goals:
1. Adhere to the eight guidelines issued by the Department of Justice.
2. Protect patients.
3. Protect our communities and our kids. Would my mom approve? Would yours?
4. Ensure the industry is for Maine people and boosts local economies across the state.
5. Ensure adults could grow at home.
6. Constructively balance the varied interests and concerns coming from often opposing view points
7. Make Mainers Proud.
It’s in your hands now. Make it a better bill!
-Rep. Diane Russell
Want to do more to help bring marijuana legalization to Maine? We encourage all Mainers to check out www.yesmaine.org to review the information there. You can also submit your contact information if you are interested in playing a role in the formation of a Maine NORML chapter. It was with your support we have made the progress in Maine that we have, keep up the hard work and we can finish the job come 2015.
Together, we will legalize marijuana.
Did you know you can do your holiday shopping and support marijuana legalization at the same time?
As we close out of Cyber Monday and enter the full swing of the holiday season, you now have the opportunity help a great cause while doing your online holiday shopping at no extra cost. Every Time you make a purchase through the following websites, a percentage of your purchase price will be donated to the NORML Foundation.
iGive: Sign-up through www.igive.com/norml, download the button and start shopping. There’s over 1400 socially-responsible stores helping to make donations happen.
Amazon: When you shop through Amazon, the Amazon Smile Foundation will donate 0.5% of the purchase price to NORML. Just click here or the link below and start shopping.
Other ways to help NORML during the holiday season: You can make a tax-deductible contribution to the NORML Foundation via check, credit card or PayPal by clicking here. You can also donate stock options, sign up for corporate gift matching (if applicable) and/or incorporate NORML into your will and estate planning.
This morning, the Maine Legislative Council voted 5-5 on whether or not to allow Rep. Diane Russell’s marijuana legalization to be introduced.
A tie vote means the motion has failed and the legislation will NOT be introduced this session. Included in the ranks of those voting “No” was Senate President Justin Alfond, who represents Portland…a city that just overwhelmingly voted to legalize marijuana.
Mainers, please take a moment of your time today to contact your lawmakers at the phone numbers below and tell them:
“I am extremely disappointed with the Legislative Council’s vote this morning on Rep. Diane Russell’s marijuana regulation bill. This issue isn’t just important to Rep. Russell, but to all of us who live in the state. This legislation would have fostered an important discussion on marijuana legalization and laid out a framework for regulation that benefited the people of Maine. The vote this morning is a disservice to the state and the residents these officials are supposed to be representing.”
Please call: Maine Senate President Justin Alfond: (207) 287-1500 and Maine Speaker of the House: (207) 287-1300 to voice your concerns.
The bill would have allowed anyone over the age of 21 to possess up to 2 1/2 ounces of marijuana, cultivate up to 6 plants, and purchase marijuana from established retail outlets. It also contained key provisions in place that ensure individuals with several years residency in Maine and experience as a current medical marijuana dispensaries or caregiver are given priority on business licenses, explicitly leaves the current medical marijuana law in place for patients, and directs tax revenue to help low income patients be able to afford their medicine.
On Thursday, November 21st, the Maine Legislative Council will be voting on whether or not to allow the introduction of LR 2329, a measure sponsored by Rep. Diane Russell (D-Portland) which would legalize the cultivation, possession, and use of marijuana by individuals over the age of 21 in addition to establishing retail outlets to sell marijuana and marijuana products.
It is extremely important that we cross this first hurdle at the Legislative Council tomorrow. We have a very real chance of passing this legislation if it is introduced. This is why we are asking all Maine residents to please take a minute of your time to contact the members of the council and urge them to support the introduction of this legislation.
Final language will be released soon, but you can see an overview of the legislation below. NORML believes this legislation presents a smart approach on marijuana for the state of Maine. It would allow anyone over the age of 21 to possess up to 2 1/2 ounces of marijuana, cultivate up to 6 plants, and purchase marijuana from established retail outlets. It also has key provisions in place that ensure individuals with several years residency in Maine and experience as a current medical marijuana dispensaries or caregiver are given priority on business licenses, explicitly leaves the current medical marijuana law in place for patients, and directs tax revenue to help low income patients be able to afford their medicine.
LR 2329: An Act To Align Maine’s Marijuana Laws with the Guidelines
Governing Taxation and Regulation Issued by the Federal Government
LR2329, “An Act to Align Maine’s Marijuana Laws With the Guidelines Governing Taxation and Regulation Issued by the Federal Government” is presented in light of the remarkable shifts in culture, events and momentum clearly moving Maine toward a model that regulates and taxes marijuana in a similar manner to the way we do alcohol. The Portland voter initiative answered the question for many, “Is Maine ready?”
Now, it’s time for a responsible, pragmatic policy. In short – a Maine approach. Here are some key elements of the bill, as well as the context or rationale where appropriate:
-The policy is focused on the responsible adult market and does not rewrite, recreate or in any way restrict the medical marijuana laws already on the books. Patients will continue to be able to procure medicinal marijuana from their current registered caregiver or registered dispensary provider without disruption. Further, the taxation structure currently in place for patients will remain in place going forward. The bill creates an entirely new chapter of law.
-The bill does allocate 5% of the excise tax revenue to a new fund to help low-income medical marijuana patients afford their medication.
-Adults over the age of 21 are allowed to possess, purchase, and consume cannabis.
-The department will be set up under what is currently BABLO – Bureau of Alcoholic Beverages and Lottery Operations. This department already oversees tightly regulated products and is most capable of overseeing the start-up of a similar set of rules for running a vice business.
-There are four types of licenses: Retail, Cultivation, Products and Testing. The cultivation licenses are divided up into tiers, allowing people to start small and scale up as appropriate to a maximum cultivation facility of 10,000 square feet – or, roughly a quarter of an acre. This addresses concerns about putting “the little guy” out of business.
-To obtain a license under the bill, applicants must have been a resident of Maine for a minimum of two years. This ensures that Maine people benefit from the industry directly.
-There will be a 10% sales and 15% excise tax with a minimum excise tax of $1.50 per gram.
-The revenue allocations include, but are not limited to: public school construction, addiction treatment services, youth marijuana prevention, Drugs for the Elderly, research, underage sales prevention, increased number of Drug Recognition Experts (DREs), Fund for a Healthy Maine, liquor and marijuana inspectors, etc.
-One of the key requirements from the DOJ was to avoid diversion, either to minors or to out-of-state locations where cannabis remains illegal. Further, they seek to stop rewarding cartels and drug dealers. The best way to meet both of these concerns is to ensure supply meets demand. If there is too much supply, the product will be diverted. If there is too much demand, dealers will step in. By extrapolating market data, we have estimated the production capacity should be a total of about 400,000 square feet to meet demand. We have authorized the bureau to allocate licenses at their discretion based on the number of applicants.
-Colorado is experiencing difficulties in setting up its regulatory structure because they did not set aside revenue for the process, and their licensing fees have not met the revenue needs. LR2329 gives discretion to the bureau to determine the cost for setting up the program, and adjusting application and licensing fees to ensure they have adequate resources to do so responsibly.
-Youth prevention is a big issue for the Coalition, but also for addiction counselors and law enforcement. The bill includes restrictions on advertising, strict guidelines against furnishing to minors, security requirements for farmers, and the creation of a funded Youth Marijuana Prevention advisory council. The Council’s primary objective will be to reduce youth consumption of marijuana throughout Maine.
-The bill authorizes “home grow,” a popular expectation for individuals – and a check against industrial marijuana. Municipalities may sell twist tie tax stamps to adult consumers who must attach the tie to the plant demonstrating they have the right to grow it. This does a few things. It allows individuals 21+ to do so while providing an easy way for law enforcement to know whether the plant in question is legal. Further, it ensures revenue for the state. The home cultivation license would prohibit the licensee to sell their product. We also outlined specific notifications that must be presented to the licensee, ensuring they are aware of their obligations and responsibilities under the law.
-At every opportunity, we have worked to protect the civil liberties of individuals who naturally fear reprisal from the federal government should policies change.
-There is no referendum in this bill.