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October 24, 2017

Lawmakers approve rules for commercial recreational marijuana sales

Photo / Tim Greenway Maine lawmakers in a special legislative session on Monday approved a bill that would establish regulations for the legal marijuana market, but the possibility of a veto by Gov. Paul LePage still looms.

Maine lawmakers in a special legislative session on Monday approved a bill that would establish regulations for the legal marijuana market, with the House voting 81-50 and the Senate voting 22-9.

LD 1650, An Act To Amend the Marijuana Legalization Act, was the culmination of nearly seven months of work by the Marijuana Legalization Implementation Committee. The bill creates the rules for licensing and regulating marijuana producers, processors, and retail establishments. It also sets the tax rates for adult-use marijuana and will delay marijuana consumption social clubs until the summer of 2019.

The Bangor Daily News reported that although the measure passed in both chambers, it fell short of the two-thirds threshold in the Maine House of Representatives that would be needed to override a veto by Gov. Paul LePage, who joined with House Minority Leader Ken Fredette, R-Newport, in introducing an alternative bill that would extend the existing moratorium on the voter-approved marijuana law until 2019.

The House rejected that proposal on Monday, the BDN reported.

Under the citizens referendum approved by voters last November, Mainers can already grow and possess recreational marijuana, but weren’t able to legally purchase it outside of the state’s medical marijuana system due to lawmakers’ delaying the commercial part of the law until early 2018.

Advocacy group commends lawmakers

“We commend the Legislature for supporting the will of the people by passing this bill to implement a regulated marijuana market without further delay,” David Boyer, Maine political director for the Marijuana Policy Project, said in a news release. “This bill was created transparently and inclusively, and while it may not be perfect, it essentially does what Maine voters wanted when they approved Question 1 last year. It is time to start working toward that goal of getting the marijuana market out of the hands of criminals and under the control of the state and legitimate businesses.”

Boyer acknowledged the possibility that LePage could veto the bill approved on Monday but said further delay legal marijuana sales and cultivation until 2019 — three years after voters approved Question 1 — was unnecessary.

“As long as this obstruction continues, Maine will continue to fall farther behind the other states that are successfully regulating marijuana for adults,” Boyer said. “We know how to proceed with this market. Waiting around only benefits drug dealers, while hurting consumers and taxpayers. We will continue working to make sure the legislature takes appropriate action without further delay, regardless of the governor’s actions.”

Emergency measures quickly approved

In other business Monday, lawmakers quickly approved two emergency measures that prompted LePage to call the Legislature back into session.

LD 1648, a new food sovereignty law approved in the first session of the 128th Legislature, was amended to make sure it doesn’t put the state at odds with federal food safety rules.

The governor's office had stated the new law needed to be amended to make it clear that local food sales subject to inspection under federal jurisdiction remain so, and that any food products intended for wholesale or retail distribution outside of the local municipality must be in compliance with all food safety laws. 

In approving those changes lawmakers ensured that the state to continue its system of local inspection, rather than compelling federal inspectors to take over.

The BDN reported that lawmakers also corrected an unintended failure to provide funding for the Maine Office of Geographic Information Systems, which handles the state’s mapping activities for a number of purposes.

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