Marijuana legalization opponents in Maine are formally challenging the results of Question 1: The Marijuana Legalization Act, a statewide ballot initiative that received slightly over 50 percent of the vote on Election Day.
Legal counsel for the No on 1 campaign today turned in petitions to the Secretary of State’s office formally requesting a recount. If the recount goes forward, the process is expected to take approximately 30 days and cost taxpayers nearly $500,000.
If the vote is upheld, the measure will become law by January 7, 2017.
The Act permits adults who are not participating in the state’s medical cannabis program to possess personal use quantities of marijuana (up to two and one-half ounces and/or the total harvest produced by six plants). The measure also establishes regulations for the commercial cultivation and retail sale of cannabis to adults. Regulations governing marijuana-related businesses are scheduled to be in place by August 8, 2017.
According to the Associated Press, voters in Maine have approved Question 1, the Marijuana Legalization Act. The Associated Press’s final vote count is 50.17 to 49.83 percent.
“In 2013, over 70% of voters in the city of Portland decided it was time to reject the failed policy of marijuana prohibition and embrace legalization. Tonight, a majority of voters statewide agreed with that assessment. With the approval of Question 1, Maine has elected to take a sensible approach to marijuana and reject the flawed ideas of the past. Thanks to them, Maine will no longer arrest otherwise law abiding adults for choosing to consume a substance that is objectively safer than alcohol and tobacco and in the process generate tax revenue that will be used to greatly improve education and other vital state services.” said Erik Altieri, NORML’s new Executive Director.
Question 1, the Marijuana Legalization Act, permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants, and/or up to 12 immature plants) and to possess personal use quantities of cannabis (up to two and one-half ounces of herbal cannabis) while also licensing commercial cannabis production and retail sales. The law imposes a 10 percent tax on commercial marijuana sales. Under the law, localities have the authority to regulate, limit, or prohibit the operation of marijuana businesses. On site consumption is permitted under the law in establishments licensed for such activity.
The new law takes effect within 40 days. Regulations for marijuana-related businesses are scheduled to be in place by August 8, 2017. You can read the full text of Question 1 here.
“To those who allege that marijuana law reform is a west coast phenomenon, tonight’s votes tell a different story,” said NORML Deputy Director Paul Armentano. “The majority of Americans throughout this country recognize that marijuana prohibition financially burdens taxpayers, encroaches upon civil liberties, engenders disrespect for the law, and disproportionately impacts young people and communities of color. That is voters are rejecting the failures of criminalization and embracing these sort of regulatory alternatives.”
According to the Associated Press, voters in Montana have approved Initiative 182, the Montana Medical Marijuana Initiative. The Associated Press’s final vote count is 58 to 42 percent.
“This decision restores the rights of patients and providers,” said NORML Deputy Director Paul Armentano. “Voters were clear in 2004 when they initially enacted the state’s medical law, and they remain resolved in their opinion that state lawmakers ought not to restrict patients access to medical cannabis.”
I-182 expands the state’s medical marijuana laws. It permits licensed medical marijuana providers to serve more than three patients at one time and allows for providers to hire employees to cultivate, dispense, and transport medical marijuana. I-182 repeals the requirement that physicians who provide certifications for 25 or more patients annually be referred to the board of medical examiners. It removes the authority of law enforcement to conduct unannounced inspections of medical marijuana facilities, and requires annual inspections by the state.
The new law takes effect on June 30, 2017. You can read the full text of the initiative here.
According to the Associated Press, voters in Nevada have approved Question 2, the Nevada Marijuana Legalization Initiative. The AP’s final vote count is 54 to 46 percent.
“With victory in Nevada, it is safe to say that, this time, what happens in Vegas won’t stay in Vegas. Thanks to the support of a majority of voters, Nevada now joins the growing list of states that are rejecting prohibition and taking a smarter approach to marijuana. Success in Nevada will only inspire more Americans to stand up and demand an end to our nation’s embarrassing, failed policy of prohibition and this momentum will only continue to spread across the country.” said Erik Altieri, NORML’s new Executive Director
Question 2 permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to 3.5 grams of concentrates) while also licensing commercial cannabis production and retail sales. (Home cultivation is not permitted if one’s residence is within 25 miles of an operating marijuana retailer.) Commercial marijuana production is subject to a 15 percent excise tax, much of which is earmarked to the State Distributive School Account.
“Voters in the western region of the United States continue to lead the way toward the eventual nationwide re-legalization of marijuana by responsible adults,” said NORML Deputy Director Paul Armentano. “Despite nearly a century of criminal prohibition, marijuana is here to stay. Our state and federal laws need to reflect this reality, not deny it.”
The new law takes effect on January 1, 2017. Regulations governing commercial marijuana activities must be in place by January 1, 2018.
You can read the full text of the initiative here.
According to the Associated Press, voters in Arkansas have approved Issue 6, the Arkansas Medical Marijuana Amendment. The AP’s final vote count is 53 to 47 percent.
“Thanks to the support of Arkansas voters, their state now joins the majority of states in this country in allowing for the medicinal use of marijuana. This will provide patients with access to a safe and effective medicine and apply further pressure on Congress and the incoming administration to bring federal policy in line with the overwhelming will of the American people.” said Erik Altieri, NORML’s new Executive Director.
Issue 6, the Arkansas Medical Marijuana Amendment, amends the state constitution to permit qualified patients who possess a physician’s recommendation may legally possess and obtain medical cannabis provided by state licensed dispensaries. The home cultivation of cannabis is not permitted under the law. Under the law, regulators will license up to 40 dispensary providers and up to eight marijuana cultivators.
The new law takes effect on November 9, 2016. Regulators have 120 days following the law’s enactment to develop rules overseeing the new medical marijuana program.
A summary of the Amendment is available here.