Adult Use marijuana legislation has finally been resolved with a veto override yesterday in Legislature. What was before us was not the legalization of recreational marijuana – which has already happened by people’s referendum – but rather the imposition of tighter restrictions.
This is the result of countless hours of hard work by the Legislature’s Marijuana Legalization Implementation Committee. Many local legislators serve on this committee, including Sen. Susan Deschambault of Biddeford and Rep. Don Marean of Hollis. The new law will go into effect on Aug. 1.
Those voting to override the veto, including myself, believed the new legislation will provide greater safety and certainty than what was passed by voters in the 2016 referendum. Restrictions are tighter, the number of plants allowed for home grow is reduced from six to three, and marijuana social clubs are not allowed. Additionally, employers are clearly allowed to restrict usage in the workplace.
Those supporting the legal recreational adult use of marijuana believe it is a cheaper, less toxic, less addictive, and more effective painkiller for many people. It is even being recommended by some worker’s compensation groups for pain relief.
Those opposed believe marijuana is a gateway drug to other, harsher drugs, including heroin and fentanyl. However, if the gateway concern is indeed correct, then exposure to and support of an illegal drug marketplace has to be part of the problem, so setting up a legal marketplace for a product that is already legal to grow, use and possess seems like a step in the right direction.
There was also opposition from some in the medical marijuana community, who were afraid that an adult use program might negatively affect the existing medical program. Medical marijuana with a doctor‘s or nurse practitioner’s certification has been legal in Maine since 1999. It is taxed at a lower rate and has had a different regulatory structure. Efforts to make the two programs consistent are ongoing and are clearly needed.
Under the new, stricter adult use rules just passed, some things have not changed. Possession of 2.5 oz of marijuana remains legal. However, any kind of person to person sales are still illegal. And a major benefit of the new legislation is that it will start the lengthy process for the development of retail rules that will allow stores to sell properly labeled, tested and certified product.
These new rules, including an application for a retail location followed by municipal approval and licensing process, will take as long as two years to develop. But at least with the matter finally settled in the Legislature, it can begin.
Under the new law, retail sales will face an effective 20 percent tax rate. Cities and towns will need to “opt in” to allow the cultivation and retail sales of marijuana. No revenue from the sales would go to the municipality (other than through normal sales tax revenue sharing), but the tax should generate significant revenue for the State, which will be able to use it to ramp up enforcement activities and complete inspection and certification activities similar to the way alcohol is regulated.
For those growing marijuana at home, the number of flowering plants allowed is reduced from six to three per adult in household. For example, if three adults live in household, nine plants may be grown. One flowering plant can produce a significant amount of material, so this was viewed as a compromise to prevent large quantities of home grown marijuana beyond what is needed for personal use from entering the illicit marketplace.
Many believe legal, certified, tested and inspected marijuana production and retail sale represents a significant economic opportunity for Maine, complementing the medical marijuana program that has been in place since 1999.
It will create more opportunities for legitimate business and reduce the profitability of the illegal drug marketplace. New state revenues will fund ramped up enforcement activities. It will also help expand access to a drug that is known to be less addictive and more effective than other prescription medications including opioids often prescribed for pain, medical conditions including cancer, and many other maladies including anxiety and epilepsy.
As such, I believe marijuana’s safe, legal, carefully restricted and taxed use is a step forward.
Rep. Martin Grohman of Biddeford is an Independent State Representative and candidate for US Congress serving his second term in the Maine Legislature and is a member of the Criminal Justice and Public Safety Committee. Outside the legislature, he hosts a podcast for Maine entrepreneurs called ‘The Grow Maine Show’ – available on Apple Podcasts – and is chair of the Biddeford Solid Waste & Recycling Commission. Sign up for legislative updates at www.growmaine.com or at facebook.com/repgrohman.
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