Maine Lawmakers Working To Finalize Pot Legalization

Ron Strider

Well-Known Member
The committee in charge of creating the framework for legalizing recreational marijuana in the state will enter the upcoming legislative session with renewed vigor, hoping to forge a document that passes gubernatorial muster and reflects the will of the people.

The House last month upheld Gov. Paul LePage's veto of a bill created by the Joint Select Committee for Marijuana Legalization that set up a regulatory, public safety and taxation system for legalizing the adult-use market for pot. The committee had been working on the bill since its formation in the wake of passage of a citizens' initiative in November 2016.

Committee member and state Rep. Lydia Blume, D-York, said the committee has resubmitted the bill, with some changes in dates to reflect delays caused by the veto. The committee, she said, looks at it as a starting point. The chairs of the committee are seeking a meeting with Gov. LePage in the next few weeks, and a hearing has been set up for Jan. 5.

A February implementation date looms, one Blume said she personally would like to honor. "The problem is that the state has to make rules, but we tried to write into the bills substantive guidance on what needs to be done. So even if it's delayed a couple of months, we should work to complete this as soon as we can."

The bill sets up a licensing system for marijuana growers, retailers and manufacturers, establishes a 10 percent sales tax and a 10 percent excise tax on cultivators and manufacturers, which Blume likened to an excise tax on vehicles. The idea is that the revenue "could go to the towns because there's already precedent for it."

In his veto letter outlining his concerns with the bill, LePage said the bill puts Maine in conflict with federal law, which considers pot illegal, creates an unwieldy regulatory system and creates a revenue stream which may not be enough to cover the costs of implementation.

Blume said one of her frustrations is that the governor and his staff were not involved while the bill was being crafted, although she said he was asked to participate on numerous occasions. And she said some of the objections that he's raised are practicably unachievable — for instance the governor's objection to the deviation from federal law. Seven other states have legalized recreational marijuana, she said, and have not faced repercussions.

"In all other states (that have implemented recreational marijuana) the executive's role has been extremely important. The lack of engagement has not really helped," she said. "I'm not sure he wants it passed under his watch."

Blume said she was not surprised at the veto, and she said she agrees "things were a little rushed at the end. It needed more work anyway. We didn't have a public hearing on the full bill, and to see it in its totality is very important. That's why we're hoping for solid participation on Jan. 5."

She said she is not alone in wanting to have a bill pass the Legislature with Gov. LePage's support if at all possible but by a veto-proof majority if not.

"We've worked so hard," she said. "We're very close to having a good, solid bill that will give good direction to departments and help them get rules in place quickly. Towns are screaming for rules so they can make decisions," she said.

She said not only have the people of Maine voted in favor of recreational legalization, she sees opportunity for a new industry in the state that, if regulated correctly, will be a boon. For that reason, she said, lawmakers owe it to the state to put forth a bill as soon as is practicable.

"There are a lot of responsible people who want to get going in this business and to do it responsibly," she said. "The fact is, we can't wait. The longer we do, the more the black market is going to take hold."

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