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The effort to legalize marijuana for recreational use has been booted off the horizon for Maine in the upcoming legislative session, despite considerable movement toward that end, both nationwide and within the state.

Earlier this month, the Legislature completed its final review of bills that will be considered in the January 2014 emergency session, and the legalization proposal did not make the cut. The bill, LR 2329, “An Act To Align Maine’s Marijuana Laws with the Guidelines Governing Taxation and Regulation Issued by the Federal Government” was the second to be rejected, after LD 1229 “An Act To Regulate and Tax Marijuana” was shot down this past June.

Public pressure has been mounting for the prohibition on marijuana to be lifted, particularly with the legalization in Colorado and Washington state, and we applaud legislators for responding to their constituents by bringing proposals forward. We’re also glad, however, that they are not rushing toward legalization, as it could have unintended consequences. We agree with Senate President Justin Alfond that a change this big requires much more time for consideration and deliberation ”“ certainly far more than a four-month emergency session would allow.

Despite concerns about increased youth use and the growth of a “Big Marijuana” industry coming about, the most direct consequences of recreational marijuana legalization would actually be the impact on Maine’s medical marijuana users.

It was back in 2009 that Mainers decided to allow those with the greatest need ”“ diseases such as cancer, AIDS and multiple sclerosis ”“ to access this medicine, allowing “caregivers” to grow marijuana for up to five patients. In 2010, the state added the dispensary system, which set up eight regional dispensary sites to serve additional patients, who now number around 10,000.

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On Nov. 5, voters in Portland were vocal in their support to further the movement, approving recreational use and possession of a small amount of marijuana within the city limits. No change is expected to be implemented in the city, police have said, since the ordinance conflicts with state law, but it made a statement nonetheless.

It’s unclear, however, if Mainers statewide feel the same way as Portland residents, since medical marijuana is a different question than recreational legalization. A great many considerations must be taken into account before decriminalizing marijuana statewide ”“ not the least of which being that it is still considered an illegal drug by the federal government. Until that major hurdle is addressed, we agree with the Legislature that it’s best to put off this vote, and we’d rather allow our medical marijuana to system continue to develop rather than pursue new laws that could put that program in jeopardy.

Medical marijuana isn’t about getting high, and in fact, many patients can find a dosage that gives them the maximum pain relief with a low THC level, leaving them unimpaired, dispensary operators say. Smokeless options, from pills to tinctures and edibles are even made available, removing the harmful side effects of smoking. For these patients, it’s about getting their appetite back after a chemotherapy treatment or rediscovering their life after an iron wall of pain is lifted. Those goals are a lot more important than legalizing a cheap thrill for the rest of us, so full legalization would need to be done with extreme care.

Legalization laws, for example, often preclude private citizens from growing their own marijuana, much like the distillation of alcohol is illegal in the home. Such a provision could put a serious crimp in Maine’s existing medical marijuana system. Taxation of marijuana, if set too high, can also price out medical users and drive others back to the black market, where the safety and quality of the product is unregulated.

Concerns such as these show that legalization of recreational marijuana would have to be carefully considered to ensure that the medical marijuana system is not disrupted.

It’s also important to note that the dispensary system is new; Biddeford’s has only been open for two years. Now that they’ve had some time to get established, the state’s eight dispensaries, owned by a total of five distinct nonprofits, have come together to form the Maine Association of Dispensary Operators. Their goal is to advocate for medical marijuana and to address some of the issues the program is still facing.

And the laws governing medical marijuana still need plenty of work, as there are unforeseen glitches: Dispensary operators have said the current laws do not allow professionals such as electricians to access their grow sites to fix a problem, and until this past June, they were barred from using any sort of pesticide on the plants. The system is so young that its proponents also struggle with educating the public ”“ and, perhaps more importantly, the doctors who can issue medical marijuana ”“ and with supply/demand issues.

These concerns are where our focus should lie for the time being, and once the medical marijuana dispensary system is operating fully as intended, then the concept of recreational marijuana can be addressed. And when it is, protections for Maine’s existing medical marijuana patients should be the state’s first concern.



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