Maine Offers Revisions to Marijuana Legalization Act

The State of Maine has announced proposed amendments to the 2016 Marijuana Legalization Act. The amendments contain regulatory rules which were missing from the original citizen’s petition. If the proposed changes are adopted, Maine cities and towns can begin to license retail pot shops, marijuana social clubs, and cannibis cultivation operations. The original Act allowed for anyone over the age of 21 years to cultivate,
possess, and use marijuana, with few limitations.

Local control is the main feature of the proposal. Each town will be able to license pot shops in their communities following State guidelines, or ban them altogether. Those allowing retail shops could limit the number of establishments within their community and revoke said licenses for infractions, or simply to cease any further marijuana activities altogether.

Signs and other advertising can be restricted although none will be allowed within 1000 feet of schools, per State regulations. The size, content and location of shops, cultivation facilities, social clubs ortesting operations can all be stipulated by local ordinance. Therefore, laws can and will vary by community.

State regulations also require “reasonable” licensing requirements, including fees, but cities and towns may add additional rules that speak to any issues not controlled by State law. This would enable each town to design programs that support their specific needs or preferences. State regulations will require towns that do allow for commercial cannabis operations to control odors emanating from their facilities. Odor control can also be enforced against personal use or cultivation of pot, where necessary.

The State of Maine also seeks to impose a 20% tax on all products sold at retail stores and social clubs. A portion of these tax receipts will be ear-marked for cannabis related health and safety programs, and 5% of revenue returned to the host community.

Finally, the proposed bill would allow employers to(1) prohibit the use, consumption, possession, trade, display, transport, sale or cultivation of marijuana in the workplace; (2) adopt policies restricting the use of marijuana by employees; and (3)discipline employees who are under the influence of marijuana in the workplace according to the employer’s policies.

Public Hearings on the bill will begin at the end of September, and potentially, followed shortly thereafter by enactment.​

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