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

Last year, Maine joined the growing number of states considering taxing and regulating marijuana like alcohol. Rep. 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

Despite broad bipartisan support, the bill was defeated. The good news is that over one-quarter of those voting, including many Republicans, supported the bill. That so many elected officials were 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.

Fortunately, Rep. Russell has announced that she will spearhead this legislation again in 2013. Now that two states — Washington and Colorado — have passed laws regulating marijuana and making it legal for adults to use and possess, Rep. Russell's bill should be taken much more seriously in 2013. Please click here and ask your newly-elected representatives to support Rep. Russell's efforts.

Medical Marijuana in Maine

Maine is one of 18 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.

Maine voters passed the state’s medical marijuana law, Ballot Question 2, into law on November 2, 1999 with 61% of the vote. The law was improved by a ballot initiative in 2009 (Question 5) to allow dispensaries and add additional qualifying conditions. All eight dispensaries are currently up and running and no major problems have been reported.

In 2011, the Maine Legislature passed legislation making patient registration optional in order to preserve patient privacy and tweaking several other portions of the law. You can read a summary of those changes here.

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.

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