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.
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.
Gallup released new polling data today that shows an overwhelming majority of Americans want marijuana to be legalized. According to their survey, 58% of Americans support legalizing marijuana, while only 39% are opposed. This is up significantly from the last time Gallup polled the question in 2012, when only 48% of Americans were in favor and 50% were opposed. For historical perspective, the first time they surveyed this question in 1969 a paltry 12% of Americans were in favor of legalization.
The support for marijuana legalization has seen unprecedented momentum in the past several years. Gallup observes, “Whatever the reasons for Americans’ greater acceptance of marijuana, it is likely that this momentum will spur further legalization efforts across the United States. Advocates of legalizing marijuana say taxing and regulating the drug could be financially beneficial to states and municipalities nationwide.”
“The American people have opened their eyes to the failure that is marijuana prohibition and there is no putting the genie back in the bottle. Following the successful passage of marijuana legalization initiatives in Colorado and Washington in 2012, the people of this country see that a new approach to marijuana policy is both required and possible,” stated NORML Communications Director Erik Altieri, “The majority of Americans now agree that it is time to legalize and regulate. The issue can no longer be ignored or sidelined. Legalization is now the mainstream position and supporters of perpetuating our war on marijuana will continue to be further relegated to the fringe.”
The strongest support was coming from those ages 18-29 (67%), ages 30-49 (62%), Democrats (65%), and Independents (62%). The only major demographic groups lacking majority support are those 65+ (45%) and Republicans (35%).
Full poll results can be viewed here.
Gavin Newsom, Lieutenant Governor of California, will chair a blue ribbon committee tasked with studying marijuana legalization in the state. This was announced at a joint press conference held this morning with the ACLU of California.
The panel will “engage in a multi-year research effort to help voters and policy makers as they consider proposals to enact a strict tax and regulation scheme that will enable California to benefit from billions of dollars of potential revenue annually while protecting the health and safety of our children and communities.”
Joining Newsom on the panel will be “leading legal, academic and policy experts from across the state and nation.”
The ACLU also released new polling data which revealed that 65% of Californians support legalizing and regulating marijuana, while only 32% were opposed and 3% undecided. You can view the full poll results here.
“This development is just a further illustration of how the debate over marijuana legalization has moved from the fringe into the mainstream,” stated NORML Communications Director Erik Altieri, “An overwhelming majority of Californians are ready to legalize and regulate marijuana and it is encouraging to see key figures within the state move to address the issue in a forward thinking and serious manner. With a voter initiative likely in 2016, this new survey data also confirms that the people of California are ready to move forward to end their state’s marijuana prohibition, with or without state legislators.”
NORML will keep you updated as this effort moves forward.
They say things are bigger in Texas and, according to new survey data just released by Public Policy Polling, that includes support for marijuana law reform.
PPP’s polling found that 58% of Texans support regulating marijuana like alcohol and only 38% were opposed. This change in policy was supported by 59% of women, 70% of Democrats, 57% of Independents, a majority of all racial demographics, and a majority of all age demographics.
The survey also reported that 58% of Texans supported medical marijuana and 61% supported the decriminalization of possession of an ounce or less.
You can read the full survey here.
With a high profile governor’s race shaping up between Senator Wendy Davis, the only declared
Democrat, and a Republican challenger (Attorney General Abbot seems to be leading in current polls) the time is ripe to make marijuana law reform a major issue in America’s second most populated state.
TEXANS: You can contact the announced candidates for Texas governor by clicking on their links below. Send them a quick message telling them:
“Public Policy Polling found that 58% of Texans support ending our costly war on marijuana and replacing it with a system of regulation similar to how we deal with alcohol. This majority support was spread across all age and ethnic demographics. It is time we consider a new approach to marijuana. As a Texas voter, I am very concerned with your position on the issues of marijuana law reform and would greatly appreciate if you could inform me of your stance on the taxation and regulation of marijuana, as well as allowing for its medical use and decriminalization of personal possession.”
State Senator Wendy Davis
(If you receive a response please forward it to email@example.com)
Miriam Martinez (posted in response to a question on her Facebook page): “I support the medical use of marijuana and decriminalization of personal possession.”