Maine’s referendum results left us with a lot to think about, but perhaps the most unexpected outcome was the expansion of the state’s medical marijuana law.
In an election season buffeted by claims and counterclaims, the plan to establish nonprofit marijuana dispensaries for qualifying patients attracted surprisingly little attention. Voters evidently took the measure at face value and decided that the chance of providing relief to those who are seriously ill was worth the risk that some might take unscrupulous advantage of it.
The new law will be troublesome for the Department of Health and Human Services, which will have to gear up to administer it. The staff must create systems for issuing identity cards to patients, registering dispensaries and considering petitions to expand the list of ailments eligible for such relief.
But although the Maine Chiefs of Police Association and the Maine Drug Enforcement Agency believe the law has loopholes, it seems designed to limit the dispensation of marijuana to those who might truly need it. Careful record-keeping is required, and dispensaries may only cultivate marijuana for the patients that have on file.
Yet this newspaper took an editorial position against the referendum on dispensaries because we felt such a potentially risky operation needed careful legislative study. The law passed last week relies heavily on DHHS to set up, administer and police the system.
Though the law’s intent is clearly to provide dispensaries for those who are suffering, it casts some marijuana laws in a new light. For instance, bongs, hash pipes and roach clips are no longer contraband if they are intended for legal marijuana use by a cardholder.
Cardholders and their caregivers are entitled to a presumption of innocence when in possession of marijuana, and they may not be discriminated against by schools, employers or landlords. A person cannot be cited for being in the presence of someone legally using marijuana, unless, perhaps, he is holding his breath.
Here’s a possible loophole: A card issued by another state will be valid in Maine. It raises the question of whether a relatively healthy Mainer could pick up a card in a state like California, where cannabis clubs are widespread and prescriptions are easily available, and use it at dispensaries in Maine.
The active ingredient in marijuana is a relatively powerful drug, which is why many people are convinced it has therapeutic value. The challenge is to make sure it’s not abused.
— Questions? Comments? Contact Managing Editor Nick Cowenhoven at nickc@journaltribune.com or City Editor Kristen Schulze Muszynski kristenm@journaltribune.com.
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