For 10 months, I have worked with 16 of my colleagues in the Maine Legislature to craft regulations to govern the newly legal retail industry for recreational marijuana. Our group included Democrats, Republicans and Independents. All of us spent countless hours in good faith, hearing from experts and stakeholders about how to meet the goals set forth by the marijuana legalization referendum in 2016.
Our goal was to develop a regulatory framework that set reasonable, safe and responsible rules in place for the retail cultivation and sale of marijuana.
Foremost in our mind was ensuring that marijuana didn’t fall into the hands of children. So we made sure our regulations prohibited marketing practices that appeal to kids. Plus, we guaranteed that retail marijuana businesses couldn’t be located near schools and we ensured that a portion of taxes collected from the retail marijuana industry would be used for youth prevention and public safety campaigns.
We wanted to preserve local control, so we made sure our regulations gave towns and cities the right to decide for themselves whether to participate in the retail marijuana industry.
Lastly, we wanted to ensure that the retail marijuana industry paid its fair share of taxes, just like other businesses do. So in the same vein as we tax alcohol and tobacco, our regulations imposed taxes and fees on marijuana sales, and dedicated much of that revenue back to communities. That money from the state would help reduce pressure on local property taxpayers.
Our regulations were codified as a 70-page bill, which received the support of 15 of 17 members of our committee. It passed through the Legislature, and we were on our way to implementing the law approved by voters.
Then the governor vetoed the bill. He had spent months sitting on the sidelines, not participating in the committee’s work or sending members of his staff to help either. Suddenly, he had concerns with the bill. Then, on November 6, Republicans in the House of Representatives upheld the governor’s veto. Our bill is dead, and we’re back at square one.
While personal cultivation, possession and use of recreational marijuana remains legal for Mainers over 21 years old, the Legislature has only until February to craft a regulatory framework for the retail marijuana industry. That’s when the moratorium on retail sales ends, and the bare-bones retail framework included in the referendum takes effect.
The moratorium was established to give the Legislature time to craft regulations. That’s what we did. Now, some of those who supported the governor’s veto are pushing for an extension of the moratorium. I cannot support such an extension.
I believe in the legislative process. Both parties came together to craft a good bill to implement the voter-approved legalization law. But at the end of the process, needless wrenches were thrown in the gears. Now, we’re being told we have just a handful of weeks to craft an entirely new bill to appease the obstructionists in the Legislature and in the Blaine House.
My colleagues on the Marijuana Legalization Implementation Committee did good work, and the people of Maine patiently waited to have their successful referendum put into effect. It would be wrong to continue the moratorium after Mainers already waited 15 months for legalization to be fully realized.
When the moratorium ends, the referendum as drafted will take effect and retail sales will be legal. The law may require some amending at a later date, but Mainers should not have to wait any longer.
Our Committee will continue to meet in good faith to chart a path forward, and I hope they’re able to do so. If the the committee opts for minor changes by mid-January that can win the support of the full Legislature without undermining our goals, I will support those changes.
But legalization and retails sales are coming in February, one way or another. Implementation of retail marijuana sales is a crucial step in legalization. It moves the marijuana industry out of the black market, ending the profits of shady criminals and bringing this industry into the cleansing light of day. I hope everyone will join us at the table, in good faith, to get it done right.
— State Sen. Susan Deschambault, D-Biddeford, represents Senate District 32, which includes Alfred, Arundel, Biddeford, Dayton, Kennebunkport and Lyman.
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