Maine makes progress toward taxing and regulating marijuana, improves patient protections

Rep. Diane Russell introduces bill to tax and regulate marijuana in Maine

In 2011, Maine joined the growing number of states considering taxing and regulating marijuana like alcohol. Representative Diane Russell (D – Portland) sponsored LD 1453, a bill that would have made Maine the first state in the nation to completely remove all criminal penalties for the use or possession of marijuana for any purpose.

“It is time to stop turning otherwise law-abiding people into criminals, begin taxing marijuana for commercial sale, and refocus our criminal justice resources toward issues that are truly devastating communities," said Russell.

And she’s right. Criminalizing marijuana users has done nothing to reduce demand or supply. Marijuana prohibition is also a gateway to the use of harder drugs because it requires marijuana users to purchase from drug dealers in an unregulated market rather than tax-paying, law-abiding businesses. As Rep. Russell said, "The market already exists. It's not the drug that's the gateway, it's the drug dealer."

Despite broad bi-partisan support, the bill was defeated in June. The good news is that over one-quarter of those voting, including many Republicans, supported the bill, which had been modified to put the question before voters. That so many elected officials are willing to go on record supporting an end to marijuana prohibition shows just how much progress we’re making, but we’ve got to keep it up.

Please contact your legislators and urge them to consider introducing similar legislation in 2012.

Marijuana laws in Maine (non-medical)

Did you know that Maine is a “decrim” state? In 2009, the Maine Legislature passed a measure that expanded the state's decades-old decrim law by making possession of up to 2.5 ounces of marijuana a civil penalty, punishable by only a civil fine. For possession of up to 1.25 ounces, the fine is $350-$600. If the amount is between 1.25 ounces to 2.5 ounces, the fine is $700-$1000. Possession of more than 2.5 ounces can lead to a definite jail term of up to six months.

Of course, while removing the potential for jail time is a good first step, only taxing and regulating marijuana will solve the supply problem and completely remove marijuana from the criminal market. Please ask your legislator to support efforts to regulate marijuana like alcohol.

Medical Marijuana in Maine

Maine is one of 17 states that have removed criminal penalties for the medical use of marijuana to treat certain illnesses. If you are a patient with a serious illness who wishes to become a patient in Maine, please visit the program’s website at the Division of Licensing and Regulatory Services.

The Maine Legislature passed legislation in 2011 making patient registration optional and tweaking several other portions of the law. You can read a summary of those changes here.

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