Marijuana has been made legal for recreational use in Washington and Colorado, and now Maine is among several other states considering following suit.
Bills that would regulate and tax marijuana such as alcohol are being debated throughout the country, and here in Maine, voters would have the final say in a statewide referendum if LD 1229 makes it out of the Legislature. The bill is sponsored by Rep. Diane Russell, D-Portland, and has 35 co-sponsors from both sides of the aisle.
While the lengthy bill has many provisions, its main points are to:
Ӣ Allow adults 21 and older to possess and purchase up to 2 1/2 ounces and grow up to six plants of their own
Ӣ Tax marijuana at $50 per ounce
Ӣ Ban marijuana smoking in public and allow municipalities to limit or ban marijuana facilities by popular vote
Ӣ Set up a Bureau of Marijuana Regulation, Licensing and Enforcement to create and adopt specific rules for licensing, advertising, labeling, hiring and other details of running marijuana-related operations that could include cultivation, retail, manufacturing and testing.
Similar legislation failed in the last Legislature, but it looks like the momentum is much stronger this time for an affirmative vote on marijuana. LD 1229 appears to be well-thought-out, and would allow municipalities to retain significant control. As well, the industry would be regulated to ensure that products are safe and kept out of children’s reach.
Marijuana is more similar to alcohol than to other illegal drugs, so it seems intuitive to regulate it the same way rather than to equate it with dangerous, addictive drugs such as cocaine, heroin or hallucinogens. As it is used recreationally, marijuana is arguably a better option than alcohol, as it is not often linked to crimes, such as OUI collisions or assaults, and users cannot overdose. Of course, it’s not good for anyone to smoke ”“ marijuana, tobacco or anything else ”“ but that’s not the only way marijuana is consumed.
Legalization also makes sense from a fiscal standpoint, as it would create an entirely new industry of Maine-made product, and the tax revenue would help offset expenses, with most of it going into the general fund. It’s no secret that many people are already smoking marijuana illegally, and it makes sense for the state to ensure that the product is safe, available only to adults and taxed.
Many high school students know it’s easier to get marijuana than alcohol, since minors can’t buy alcohol and few adults are willing to buy for minors due to the threat of penalties.
The black market for marijuana is clearly thriving, just as the underground alcohol market was during Prohibition, and it’s time to take this product away from children and the revenue out of the hands of criminals.
Police should be able to focus more on violent crimes such as burglaries, rape, murder and arson ”“ and the types of drugs that people commit those crimes for (or on), i.e. illegal oxycodone and crack cocaine. It’s worth noting that currently, possession of 1 1/2 ounces of marijuana is only a civil violation, punishable by a fine, and is not an offense that warrants an arrest, so marijuana is already a low-level priority.
The problem with state legalization, however, is that marijuana will still be illegal at the federal level, and federal law trumps state law. While possession, cultivation and sale of marijuana is a crime, it’s also more of a social issue. Like gay marriage, legislation at the state level may be the only way to effect change and may eventually force the federal government to change its policy to align with the states.
In the meantime, however, marijuana use is still a crime, and making it legal within the state in defiance of federal law is risky business. Even if Maine goes forward with this and several retailers set up shop, the federal government could come in at any time and shut it all down ”“ and would be within its rights to do so. If Mainers do decide to legalize it, that decision may be little more than a symbolic gesture to force the federal government’s hand. Law enforcement will be in the uncomfortable position of defying federal law here if this bill is made law and goes into effect, and while President Barack Obama has said he does not intend to pursue this issue, there’s no telling what a future administration may do.
With several states pushing the envelope on marijuana, it’s time for the federal government to address a national policy so voters can be comfortable judging the Maine legalization bill on its merits alone.
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Today’s editorial was written by Managing Editor Kristen Schulze Muszynski on behalf of the Journal Tribune Editorial Board. Questions? Comments? Contact Kristen by calling 282-1535, Ext. 322, or via email at kristenm@journaltribune.com.
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