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Law Maine

Federal mental health grants canceled because Maine has legal marijuana

STATEWIDE (Sun Journal) -- Because Maine allows the medical use of marijuana by students, the federal government is cutting off $3.3 million in already approved funding to support mental health programs for youngsters.

It isn’t clear whether the new federal policy may impact other grants received by the state.

The state won a five-year federal grant in 2018 that provided $1.1 million annually for a program called Maine-AWARE to assist in bolstering the social service infrastructure to support student mental health in three districts across the state.

Maine received the money for the first two years, but recently learned it won’t get any more due to a policy change in Washington that cuts off states that allow students access to medical marijuana.


Pender Makin, the state commissioner of education, said in a May 6 email to a local superintendent that “a new requirement” on the federal level cut off the funding in its third year “because of our state’s medical marijuana law, which requires schools to allow students who have written certification from their medical provider indicating their need for medical marijuana to receive such treatment while at school.”

Makin said Maine has a statutory obligation to permit students to use medical marijuana if they possess the necessary prescription for it.

The federal Department of Health and Human Services, which handles the Advancing Wellness and Resiliency in Education grant, also known as AWARE, did not respond to requests for comment Thursday or Friday.

Kelli Deveaux, director of communications for the state Department of Education, said Friday that officials don’t know yet if other grants may be impacted “by this new and arbitrary requirement.”

The loss of federal aid is a setback for a state that is trying to cope with an alarming amount of mental health issues among students.

A research letter published a year ago in JAMA Pediatrics found that Maine had the highest rate in the country of children diagnosed with depression, anxiety or attention deficit disorder.

More than one in four Maine children ages 6 to 17 had at least one of the disorders, the study found. About half of them did not receive needed treatment or counseling from a mental health professional, the researchers found.

The federal Health and Human Services division that canceled the grant, the Substance Abuse and Mental Health Services Administration, said the program it had funded focuses on “partnerships and collaboration between state and local systems to promote the healthy development of school-aged youth and prevent youth violence.”

RSU 10 Superintendent Deb Alden in Rumford, whose district got $200,000 in each of the past two years through the grant, called the abrupt end to the program “just really disheartening.”

The decision to clamp down on states that allow the use of marijuana appears to be part of a larger effort by President Donald Trump’s administration to punish states that haven’t toed the line on the federal government’s long-standing policy of treating marijuana as an illegal drug. It may impact grants related to the opioid crisis as well.

The substance agency, in many presentations, has made clear that it considers marijuana a dangerous drug that can lead to poor school performance, increased risk of motor vehicle accidents, cognitive impairment and other problems.

There are at least 33 states that allow medical marijuana. Following a 2016 state referendum where voters chose to legalize the drug, Maine is one of about a dozen that allow recreational use of marijuana as well, though not by minors.

Makin said in her email to Alden that Maine’s medical marijuana law allows people to receive a medical certification for any diagnosis if a medical provider says it is “likely to have a therapeutic or palliative benefit.”

Another state law provides that students who have a medical marijuana card cannot be denied the right to attend school solely because they need medical marijuana, in a nonsmokable form, while they’re at school.

“Because of these provisions in Maine law, we are ineligible for participation in the AWARE grant program” after Sept. 30, she wrote, when the new federal fiscal year begins.

The move means that three districts who received funding through the project – RSU 10 in Rumford, RSU 20 in Searsport, and the Calais School Department – won’t receive any more of the federal cash for the third, fourth and fifth years of their pilot programs.

According to the state, the primary goals of the Maine-AWARE initiative are to ensure all students have access to evidence-based social emotional learning strategies, positive behavioral interventions and screenings.

It also aims to identify students and families with increased risk of “negative academic and behavioral outcomes” with targeted interventions, team-based school and community supports and mental health screening.

Clinical interventions for some young people and their families who are “experiencing serious mental or behavioral disorders” is also part of the effort.

Whether the programs in the three districts can survive without federal funds is uncertain.
 
Yeah....just follow the money.

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Maine: State decision to open adult-use marijuana market to non-residents sparks lawsuit

Local marijuana businesses are taking the state to court to protect their exclusive right to Maine’s adult-use marijuana market.
In a lawsuit filed Friday, Maine Cannabis Coalition claimed the state Department of Administrative and Financial Services was violating state law by refusing to enforce the residency requirement that lawmakers included in the Marijuana Legalization Act. The law says only Maine residents can run a recreational marijuana grow, manufacturing plant or retail store.

“Maine Cannabis Coalition and its members along with many other citizens fought hard for two years to make sure residency protections were included in the law,” according to a statement issued Monday. “To have it all be ignored after all the hard work and efforts is extremely aggravating to the citizens and policy makers of Maine who expect no one to be above the law.”

The state announced it would abandon the residency requirement last month to resolve a suit challenging its constitutionality filed by Wellness Connection of Maine, which holds four of Maine’s eight medical marijuana dispensary licenses. Wellness Connection has financial ties to international cannabis company, Acreage Holdings.

Maine Cannabis Coalition claims the state’s decision hurts medical marijuana providers such as co-founder Dawson Julia, a Unity caregiver; and Christian Roney of Waterville, who is seeking a state recreational marijuana business license, by increasing the number of rivals competing for limited market share.

In the suit, Julia and Roney claim they relied on the competitive advantage afforded by the Maine residency requirement when developing their business plans, and have an economic interest in making sure the Office of Marijuana Policy enforces it when awarding the state licenses required to operate a recreational marijuana business in Maine.

The lawsuit argues the Office of Marijuana Policy has no authority to abandon a state law that has not been struck down by any court or repealed by the state Legislature. It seeks an injunction barring the Office of Marijuana Policy from awarding marijuana business licenses to out-of-state applicants, which coalition members refer to as Big Marijuana.

“This is a pay-to-play constitutional meltdown scheme being orchestrated by the fat cats of Wall Street,” Julia said.

Local licensing preference has been at the heart of the Maine Marijuana Legalization Act since voters first approved commercial sales in 2016. It began as a carve-out for existing medical marijuana providers, who must be Mainers, but turned into a four-year residency requirement during legislative overhauls.

As written, Maine law requires every officer, director and manager of an adult-use cannabis business, and most of its ownership, to live and file taxes in Maine for at least four years. That mandate would have lapsed in June 2021, but it would have given locals a leg up at the outset of what is likely to be a lucrative new market.

The courts have struck down residency requirements on constitutional grounds before but not in the cannabis industry, which is still outlawed by federal law. The lawsuit Wellness filed in March marked the first time a marijuana company had challenged the constitutionality of the licensing preference.

The Office of Marijuana Policy declined to comment on the Maine Cannabis Coalition suit. In May, when the office announced it would no longer be enforcing the residency requirement, Director Erik Gundersen said his office took the action on the advice of the Attorney General’s Office, which concluded Maine was unlikely to beat the Wellness suit in court.
He said the decision wouldn’t further delay adult-use sales, which remain on hold as Maine navigates the COVID-19 pandemic.
 
Maine Marijuana Sales Can Finally Begin, Officials Announce Four Years After Voters Legalized It

Marijuana businesses in Maine can begin recreational sales on October 9, the state’s cannabis regulatory body announced on Friday.

This comes nearly four years after voters approved a legalization ballot measure—a significant delay in implementation compared to California, Massachusetts and Nevada, which also legalized for adult-use on the same day in 2016.

The first round of cannabis business licenses will be issued on September 8, giving licensees about a month to begin harvesting, processing and ensuring quality control for their marijuana products. It’s not clear how many licenses will be initially approved.



The state’s Office of Marijuana Policy (OMP) said it had planned to launch retail sales in April, but that timeline was pushed back due to the coronavirus outbreak.

“The public’s health and safety are at the forefront of every decision we make,” OMP Director Erik Gundersen said in a press release. “While we were poised to launch this new industry earlier this year, we were unwilling to sacrifice the high standards we have set for this program by launching during an emerging public health pandemic and in the absence of a testing facility.”

“With the support of the public health community, municipalities across the state, and the industry we regulate, we have used the last few months to ensure this new industry is introduced to Maine consumers in a manner that is as responsible as possible,” he said.

Marijuana businesses will have to impose social distancing and other public safety requirements in order to operate during the COVID-19 pandemic.

“Today’s announcement is a major milestone in honoring the will of Maine voters and a significant step toward launching a new industry in the state,” Gundersen said. “Many of the business owners we have spoken with during the application process are ready and eager to commence operations.”

The nearly four-year delay in implementation in Maine is partly the product of interference by then-Gov. Paul LePage (R), a vocal opponent to cannabis reform, and other legislators.

Gov. Janet Mills (D), who signed legislation to set the framework for legal marijuana sales last year, has taken a different tone on the issue.
 

Maine Finally Approves First Marijuana Business Licenses Weeks Before Legal Sales Launch


Maine’s marijuana regulatory body announced on Tuesday that it has finally issued the state’s first round of cannabis business licenses, with weeks until retails sales are set to launch.

This development comes nearly four years after voters approved a legalization ballot measure—a significant delay in implementation compared to California, Massachusetts and Nevada, which also legalized for adult-use on the same day in 2016.

The state’s Office of Marijuana Policy (OMP) first announced last month that sales would be launching soon. While licensed retailers won’t be able to sell cannabis products to consumers until October 9, the new licensees will be able to cultivate and process marijuana as soon as possible to ensure a smooth rollout. Retailers are also expected to develop public safety policies to prevent transmission of coronavirus.

“Maine will have the unique distinction of being the only state to launch its adult use marijuana program during a pandemic,” OMP Director Erik Gundersen said in a press release. “Public health and safety are themes that have been part of the Office of Marijuana Policy’s mission statement since day one. Accordingly, our highest priority remains the wellbeing of this new industry’s employees and consumers.”



OMP said it has approved licenses for three cultivators, two cannabis shops and one testing facility. Regulators are actively in the process of reviewing and approving additional licensees.

The body previously said it had planned to launch retail sales in April, but that timeline was pushed back due to the COVID-19 pandemic.

“While the current health pandemic delayed our efforts and will likely contribute to a less robust introduction to the market than expected, today’s action is a start to the realization of the will of Maine voters to provide adults 21 years of age and older with a lawful mechanism to obtain marijuana,” Gundersen said. “The initial market will likely be limited in both accessibility and product availability, but the industry will evolve responsibly and provide safe, convenient access to adult use marijuana over the coming weeks and months.”



Nirav Shah, director of the Maine Center for Disease Control and Prevention, added that it’s important for adult consumers to take steps to prevent underage people from accessing legal cannabis products.

“People younger than 21 are prohibited from purchasing and using the products as their brains are still developing and marijuana can negatively affect this development,” he said. “Maine CDC encourages parents and guardians to talk to their children about these risks.”

The nearly four-year delay in implementation in Maine is partly the product of interference by then-Gov. Paul LePage (R), a vocal opponent to cannabis reform, and other legislators.

Current Gov. Janet Mills (D), who signed legislation to set the framework for legal marijuana sales last year, has taken a different tone on the issue.

While OMP has not said how many licenses it expects to approve, there are more than 200 applications that are pending, according to a state website.
 
Retail marijuana applicants in Maine city might be disqualified


Twelve out of 43 of applicants for a municipal permit to sell marijuana in Portland, Maine, are facing disqualification.


Maine’s largest city issued pre-denial letters to those applicants after a preliminary review, the Portland Press Herald reported.


According to the report, reasons for the preliminary disqualifications include applicants:





  • Lacking a state license.
  • Being late on local taxes or fees in the past five years.
  • Land-use disputes.
  • Zoning issues.

The 12 would-be retailers have 10 days to challenge those initial disqualifications.


Three other applicants are facing municipal inquiries into their state cannabis licenses, a municipal lawyer told the newspaper.


Portland’s marijuana license scoring matrix, which favors locally owned businesses, has been challenged by multistate operator Acreage Holdings.


In August, a federal judge ruled that Portland can’t enforce the policy.


The Portland City Council did not reach consensus on how to adjust the scoring matrix at a Monday meeting, according to the Press Herald.


Meanwhile, Maine’s long-delayed adult-use cannabis market is scheduled to launch Oct. 9.


State regulators began issuing licenses to adult-use cannabis businesses earlier this month.
 

Maine: Adult Use Marijuana Sales to Begin on Friday


After years of delays, state-licensed adult-use marijuana sales will begin this Friday.

State regulators finally began issuing licenses last month, after having granted conditional approvals for licensees this past spring. It is anticipated that the state’s initial rollout will have difficulty meeting demand.

“While lawmakers slowed down the people’s will for years, this is a historic victory for those of us who recognize marijuana prohibition for what it is: a racist policy designed to disenfranchise black and low-income Mainers,” said NORML Board Member Diane Russell, who was instrumental in Maine’s legalization efforts. “This victory would not be possible without an incredible team of advocates who literally worked around the clock to get this on the ballot and to win. They’re heroes for standing up for real justice.”

Maine voters initially approved the legalization of cannabis sales in November 2016 by passing a statewide initiative, but lawmakers – led by former Republican Gov. Paul LePage – repeatedly took steps to delay the law’s implementation. Rules governing adult-use cannabis production and sales were not ultimately finalizeduntil 2019.

“Maine adults should have had access to safe, legal marijuana years ago,” said NORML State Policies Coordinator Carly Wolf. “Nonetheless, it’s encouraging to see it finally happen now. Consumers desire access to a regulated marketplace, not an underground market dominated largely by unregulated and untaxed enterprises.”
 

Marijuana is now Maine’s biggest agricultural commodity


PORTLAND, Maine (AP) — Maine is known for its wild blueberries and potatoes but marijuana has surpassed them to become the state’s most valuable crop.
Medical marijuana sales totaled $221.8 million from January through October, more than double what had been sold by the same time last year, the Portland Press Herald reported, based on state sales tax figures. That compares to $184.1 million for potatoes, $123.6 million for milk and $26 million for blueberries in 2019.

The pandemic didn’t slow down sales of weed.

“What we’ve learned is that no matter what, Americans are going to get their cannabis, alcohol, baking supplies and cars, regardless of the economy,” said Patrick Anderson, CEO of Anderson Economic Group.

Maine recorded more than $100 million in sales last year, the first time Maine was able to tabulate all legal medical marijuana sales. Year-to-date sales in 2020 show the market has doubled yet again, growing 152%.

The figures include sales from Maine’s eight medical marijuana dispensaries and a network of almost 3,000 registered caregivers serving about 65,000 certified medical marijuana patients. Maine only began tracking sales tax data for caregivers last year.

The state’s year-to-date numbers do not include recreational marijuana, which totaled $1.4 million in October, the first month stores opened. The recreational market was limited by a relatively small number of store openings and widespread supply shortages and purchase limits. In contrast, medical marijuana sales in October totaled $22 million.

A lot of medical marijuana patients are “looking for relief” from the anxiety of the pandemic, said Eric Maxim, a China resident and caregiver of seven years who opened Cannamax in Augusta in October 2019.

“We saw the lockdown coming and didn’t know what to expect, but our business has continued to grow throughout,” said Maxim, who launched the store with his wife.
 
This is blowing up Maine's "Caregiver" market:

Maine medical cannabis rules would require track-and-trace for caregivers

Published January 6, 2021

Proposed rules for Maine’s medical cannabis program would require registered MMJ caregivers to use the state’s inventory tracking system.

A “limited inventory tracking” option would be available to small-scale caregivers who grow 12 plants or fewer, don’t operate a retail store and don’t do wholesale transfers to other caregivers, according to a copy of the preliminary draft rules posted online by Maine’s Office of Marijuana Policy (OMP).

The potential rule change has drawn the ire of some of Maine’s more than 3,000 caregivers, the Portland Press Herald reported.

Caregivers have cut into sales for some of Maine’s dispensaries.

“Along with being more user-friendly, these draft rules are meant to address changes to state law over the last two years,” OMP director Erik Gundersen said in a news release.

The preliminary draft rules will also “(clarify) the municipal approval and municipal authorization requirements for (MMJ) registrants conducting authorized activities in municipalities in Maine,” according to the OMP website.

Other potential updates to Maine’s MMJ rules include “more detailed, standardized requirements regarding the packaging and labeling of harvested marijuana.”

The OMP will accept public feedback on the preliminary rules through Jan. 10.

After revisions stemming from that feedback, the OMP said the proposed rules “will be subject to a public hearing and written public comment period.”

Medical marijuana sales recorded by Maine’s dispensaries and caregivers reached $222 million between January and October 2020.



The link to the new proposed rules is here:


https://www.maine.gov/dafs/omp/medical-use/rules-statutes/rulemaking/draft-rules


And the link to provide feedback on them is here:


https://www.maine.gov/dafs/omp/medical-use/rules-statutes/rulemaking/feedback


I bet you're not much for reddit, @Baron23, and neither am I, in fact, I'm very non-political in general, but the r/MaineTrees subreddit is easly the best local "trees" reddit I've encountered. r/BostonTrees is the biggest local trees sub in the country and that place is a fuckin hellhole. hate it. A lot of very intelligent, well written people, far more than I, on there detailing everything if you're interested... Really cool core group.
 
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Maine lawmakers seek to pre-empt proposed rules for medical cannabis


Two Maine legislators are coming to the defense of Maine’s medical marijuana program with a bill that would place a moratorium on a set of proposed regulations and require greater input from the industry before any further rule changes are implemented.
Co-sponsored by Rep. Lynne Williams, D-Bar Harbor, and Senate President Troy Jackson, D-Allagash, the bill would require that in order to amend the rules governing the medical cannabis program, the Maine Office of Marijuana Policy must consult “caregivers, registered caregivers and patients and physicians and certified nurse practitioners with significant knowledge and experience certifying patients under the laws governing the medical use of marijuana.”

The proposed bill comes just days after medical marijuana patients and providers, known in the industry as caregivers, slammed the proposed rules in a seven-hour public hearing, claiming that the medical program would not survive the changes.
Speakers repeatedly asked officials from the Office of Marijuana Policy to go back to the drawing board and, this time, give caregivers, patients, cultivators and manufacturers a seat at the table.
The newly proposed legislation would do that and more.
According to the draft bill, the office would not only be required to consult with caregivers, registered medical cannabis customers, physicians and nurse practitioners, but also establish a set of clear parameters and qualifications for any consultant regulators hope to hire in the future.
“This bill will allow the legislature to hear from some of the thousands of Maine patients and caregivers who would be negatively impacted if these rules take effect, and I am happy to be able to offer them another path forward to maintain their businesses and their patient care,” Williams said in a statement.

In January, the Office of Marijuana Policy released a preliminary draft of rule changes to the medical program that officials said were “meant to align the program with state law.”
However, according to the bill, the rules go beyond just technical changes and are instead “major changes that warrant legislative involvement and oversight.”
If passed, the bill would require lawmaker input and a more robust public process, Williams said in an interview Thursday.



Among other proposed changes, the updated rules would require all registered medical cannabis caregivers, dispensaries and manufacturing facilities to implement a “seed-to-sale” or “track-and-trace” system, currently used in the adult-use program.
That would require providers to track all marijuana plants or harvested marijuana daily from “immature plant” to point of sale or disposal.
The proposed changes also would require strict security measures, including 24-hour camera surveillance and an alarm system for every provider. Surveillance data must be stored for 30 days.

Caregivers said they worry that the security systems, alarms, track-and-trace system and other new rules would be too expensive for them to survive.
“The sheer cost alone of the seed-to-sale tracking, in addition to the new security requirements, are enough to literally bankrupt my business,” Donald Gardner, a Knox County caregiver, said during Monday’s hearing. “I’m genuinely petrified of these new changes.”
Gardner isn’t the only one who feels that way. Many others in the industry and their customers expressed similar concerns at the hearing.
According to the bill, the proposed rules would “significantly damage the well-being and health of tens of thousands of citizens of the state by restricting their access to medical marijuana” and do “irreparable economic harm” to not only the thousands of medical marijuana caregivers and their employees, but also to the state economy.
Maine’s most vulnerable communities – rural towns with aging populations – would be hit the hardest, according to the proposed legislation.
Williams, an attorney specializing in business law, represents a number of small cannabis businesses.
“The rules are really untenable for the small medical marijuana cultivator,” she said. “This is the most audacious set of rules that I’ve seen.”
The state’s medical marijuana program, which has more than 3,000 registered caregivers and eight dispensaries, garnered roughly $266 million in sales last year, making cannabis Maine’s most valuable crop.
The bill would be effective retroactively, meaning that any regulatory changes deemed “major (and) substantive” that were made after Jan. 1, 2018, would be voided, requiring officials to go before the Legislature, Williams said.
Among other changes, the bill would eliminate the requirement that a caregiver, dispensary, testing facility or manufacturing facility complete an annual audit conducted by a third party and do away with a requirement that state regulators develop and implement a statewide electronic portal for caregivers, manufacturers, testing facilities and cultivators to submit records to the Office of Marijuana Policy.
The bill’s next step is a yet-unscheduled public hearing before the Committee on Veterans and Legal Affairs.
According to David Heidrich, spokesman for the Office of Marijuana Policy, the department is reviewing the proposal and expects to offer input when the bill goes to the public hearing.
 

Maine Drug Decriminalization Bill Garners Support From Medical And Religious Groups At Committee Hearing


A Maine House committee on Friday discussed a bill to decriminalize possession of all currently illicit drugs—and the Maine Medical Association (MMA) and a church coalition were among the organizations that testified in favor of the proposal.

The legislation, LD 967, would make illicit drug possession a civil violation punishable by a $100 fine. People would be able to avoid that penalty if they submit to an “evidence-based assessment for proposed treatment for substance use disorder.”

Numerous people testified before the House Criminal Justice and Public Safety Committee, with many sharing personal stories about the harms of criminalizing personal drug possession. Members heard about the long-term consequences people with drug convictions on their records face, such as lack of housing opportunities and employment.

But among the most notable supporters of the legislation is the MMA, which is part of the American Medical Association (AMA). While AMA has historically opposed other reforms like legalizing marijuana, on this issue the Maine chapter’s position is aligned with pro-reform advocacy groups.

“Opioid addiction is both an epidemic and a public health crisis, every bit as much an illness as cancer, diabetes or alcoholism,” MMA said in written testimony. “But instead of receiving treatment and support for their illness, patients affected by substance use disorders often find themselves treated as criminals instead of patients.”

“Treatment and prevention are the pathways to defeating this problem, not stigmatizing its victims with felony convictions which will follow them for the rest of their lives, affecting their ability to find jobs, health insurance, housing, family support, and often leading to relapse into the very addiction that produced the conviction in the first place,” it continued. “By making possession of illegal drugs for personal use a civil infraction rather than a crime, LD 967 is an important step in the effort to take medical control of the opioid epidemic.”

Daniel Oppenheim, co-chair of the public health committee of MMA, also appeared before the panel on Friday and stressed that “opioid addiction is both an epidemic and a public health crisis,” and “all too often opioid addiction begins with prescriptions written by doctors.”

Another notable group that offered testimony in favor of the bill is the Maine Council of Churches, which represents faith institutions from seven denominations.

“Maine’s current policies around drug use and substance use disorder have a severe death measure. Our choice not to treat the opioid epidemic as a public health crisis allowed 500 Mainers to die of overdose last year alone,” the council’s testimony said. “Our policy of criminalization keeps thousands more locked in a vicious cycle that spins attempts to self-medicate trauma into felony convictions, which create barriers to the resources necessary to recover, leading to deeper trauma.”

“At a deeper level, we know that when we, at a policy level, choose empathy over judgment, compassion over punishment, and treatment over prosecution, we are actively choosing life over death,” it said.

The Maine Center for Economic Policy is also in favor of ending criminalization for drug possession.

The organization said that the existing policy “places a huge burden on Mainers, especially Mainers of Color, and prevents them from thriving economically.”

“What’s more, from an economist’s perspective, criminalizing people who use drugs is an inefficient use of state resources,” it said. “The state spends tens of thousands of dollars each year to incarcerate an individual; resources which would be much more effective applied to other methods.”

“These impacts are especially severe for Mainers of Color. Systemic bias in our criminal code and in our justice system means that Black and brown Mainers are more likely to be arrested, more likely to be convicted, and face longer sentences than white Mainers when it comes to substance use,” it continued.

ACLU of Maine said the state’s “attempt to arrest our way out of drug use has not worked: drugs are still readily available throughout the state, substance use disorder rates remain high, and the death toll is unprecedented.”

“More than 500 people died last year from drug overdoses in our state,” it said. “These were our friends, our family, and our neighbors. We owe it to those we love who use drugs to try a new way in order to save lives.”

The Maine Association of Criminal Defense Lawyers said that drug possession convictions “can have short term and life long consequences,” and those with convictions “are likely to suffer negatively at work, in their relationships, and in their housing.”

“Drug possession convictions have a disproportionate impact on the poor and people of color; making drug possession a civil offense will help to alleviate these disparities,” the association said. “The get tough on crime, war on drugs approach has been a failure by any metric. It has cost untold amounts of dollars and lives.”

Addiction recovery groups also submitted testimony in favor of the legislation, with a representative of the Maine Recovery Advocacy Project sharing a personal anecdote about how his past drug use could have led to life-lasting consequences without necessary treatment.

The Alliance for Addiction and Mental Health Services, meanwhile, said substance misuse disorder “is a health condition and not a crime.”

“We need to change our drug laws to save lives. Opioid addiction is a public health crisis. Decriminalization is an essential step to remove barriers to care and support, reduce stigma and discrimination, improve health and socioeconomic outcomes, and work toward a more just and compassionate society. We must stop treating people affected by substance use disorders as criminals instead of patients. We need a humane and public health-informed response to ensure people stay alive and have the best opportunity to live and thrive in their community.”

Perhaps unsurprisingly, one of the main opponents to the reform was the Maine Drug Enforcement Agency.

The anti-narcotics agency said that while it is “open to reasonable modifications of the unlawful possession of scheduled drugs statute, we do not support the outright decriminalization of scheduled drugs.”

“The bill’s title implies that personal use amounts would be subject to a civil violation. However, the bill does not specify what quantities would constitute personal use amounts. In addition, the bill proposes no stronger intervention responses if there are subsequent violations,” it said. “As stated above, the Department is resolved to working for reasonable reforms to Maine’s illegal possession statute based on evolving views of how to address the problem of illegal substance use. Decriminalization of these drugs sends a mixed message that fails to recognize how dangerous these drugs are and normalizes their possession.”

The hearing is a continuation of a national conversation about the need to reform laws criminalizing people over drugs and treat substance misuse as a public health issue, rather than a criminal justice matter.

Last year, Oregon voters elected to end criminalization of low-level drug possession at the ballot.

Vermont lawmakers also introduced a bill last month that would end criminal penalties for possessing small amounts of drugs in the state.

Also last month, a Rhode Island Senate committee held a hearing on decriminalization legislation to replace criminal penalties for possessing small amounts of drugs with a $100 fine.

Back in Maine, a bill was recently introduced that would legalize psilocybin mushrooms for therapeutic purposes.
 
I sort of wonder if these geniuses have ever met...face to face...with a PCP lunatic or a psychotic meth head. Maybe they should get the call instead of the police and they can try handle these people in the middle of a violent episode?

Just because I use MMJ, and support MJ legalization, that does not mean I have any support whatsoever for drugs like...well, yes, PCP and meth for example.


Maine Lawmakers Vote to Decriminalize All Drugs


State lawmakers in Maine passed a bill last week to decriminalize possession of all drugs. The measure, LD 967, was passed by the Maine House of Representatives on Thursday with a vote of 77 to 62 and was later cleared by the state Senate, according to media reports.
Under the measure, criminal penalties would be dropped for simple possession of scheduled drugs including heroin, cocaine and prescription medications. Instead, those guilty of such offenses would be subject to a fine of $100 or be required to submit to an assessment for treatment of substance use disorder.
Maine’s voters legalized cannabis for adults 21 and older in 2016, and legal recreational sales of marijuana began in the state last year. Possession of other regulated drugs is subject to a range of criminal charges and penalties from misdemeanors for most prescription drugs and felonies for possession of heroin and cocaine.
The bill was introduced by Democratic state Rep. Anne Perry earlier this year. Lawmakers will continue working on the bill to reconcile differences in the legislation, including criminal charges for subsequent possession offenses contained in the Senate’s version of the bill.
“We do need to treat this disorder and law enforcement will be a part of it, but law enforcement is not the gateway to recovery,” Perry said on the House floor last week. “It’s a gateway to isolation and suicide.”

Maine Follows Oregon’s Lead




LD 967 was modeled after an initiative passed by Oregon voters last year, which decriminalized all drugs for personal use. The approach is favored by advocates for criminal justice reform and harm reduction, who champion treating illegal drug use as a public health matter rather than a criminal offense.
“For over 20 years, in my work as a nurse practitioner and living in a community that has been devastated by drug overdoses, I have seen firsthand how treating drugs like a crime has created suffering that spans the generations,” Perry said at a press conference on the bill earlier this year. “I’ve seen so many people lost to the criminal justice system instead of getting the health care that they need so desperately.”
“We cannot continue to wage a ‘War on Drugs’ that has not worked,” she added.
State Rep. Charlotte Warren, also a Democrat, said that several doctors who specialize in substance use disorder appeared at a legislative hearing earlier this year, testifying that the condition is treatable and preventable but incarceration is not an effective remedy. Instead, they called for treatment over punishment.
“Eleven Mainers a week are dying to overdose,” Warren told reporters. “Substance use disorder is a disease. And a symptom of the disease is possessing the substance. That’s why the House voted to no longer criminalize possession. We need to treat the disease in order to save lives. What we are doing is not working. We want to save lives.”
Democratic Gov. Janet Mills, Maine Attorney General Aaron Frey, law enforcement groups, and Republican lawmakers all oppose LD 967, leaving final passage of the bill uncertain. Opponents of the bill cite its lack of possession limits and criminal charges for repeat offenders for their refusal to support the proposal.
“These people need help and law enforcement is the best social worker to help these people,” said Rep. Gary Drinkwater.

Drug Trafficking Reform Also Passed in Maine

Also last week, lawmakers in Maine passed LD 1675, a bill to reform the state’s harsh drug trafficking statute and eliminate the disparity in punishment for possession of crack and powder cocaine. The bill was passed in the House on Tuesday and survived a 20 to 15 vote in the Senate the following day. The measure now heads to Mills’ office for her consideration.
“This bill would restore integrity, honesty, and clarity to our drug laws,” state Sen. Craig Hickman said after the vote, noting that someone who possesses two or more grams of heroin or fentanyl can be charged with drug trafficking without evidence of intent to sell. “This bill will curb a government that has gotten too comfortable playing fast and loose with the English language, a government that redefines ordinary words to curb the freedom of ordinary people.”
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NEWS BRIEF

Judge shoots down Maine’s medical marijuana residency rule​

Published 20 hours ago



Maine’s largest medical marijuana operator prevailed in its challenge of the state’s residency requirement.
A federal judge this week ruled that it’s unconstitutional for Maine regulators to exclude out-of-state companies from operating medical cannabis dispensaries in the state.

Wellness Connection of Maine, which operates four of the eight dispensaries in the state, and its parent company, High Street Capital Partners, sued the state in December over the issue.
The state already had backed off a similar residency requirement in the recreational marijuana program after Wellness Connection sued.
This week’s ruling by U.S. District Judge Nancy Torresen, unless appealed, paves the way for out-of-state investors to pursue both medical and recreational marijuana retail licenses in Maine without fear their applications will be rejected by the state based on residency.
Residency requirements have been challenged in other states with mixed results.
A federal judge in Missouri recently shot down that state’s residency requirement, while a federal judge in Oklahoma did the opposite.
Advocates in general push for residency licensing requirements in efforts to protect homegrown businesses.
Wellness Connection currently is owned by three Maine residents, according to the lawsuit, but High Street, which is affiliated with New York-based Acreage Holdings, has said it wants to purchase all the equity in the company.
 

More than 90% of Maine municipalities opt out of recreational cannabis sales​

Published September 20, 2021



Maine’s recreational cannabis market continues to grow, even though less than 10% of the towns and cities in the state are allowing adult-use sales.
According to the Bangor Daily News, only 47 of Maine’s roughly 500 towns and cities have chosen to allow recreational marijuana retail sales.

Only 29% of the state’s residents live in those municipalities.
Even with that limited market, the state posted its strongest sales month in August, totaling $10.2 million among the 53 licensed adult-use retailers.
Joel Pepin, president of the Maine Cannabis Industry Association, told the Daily News that municipalities are afraid of the unknown and don’t see much incentive in allowing cannabis retail.
Also, tax money generated by the industry doesn’t necessarily stay local. The state takes all the excise and sales taxes from marijuana retailers, Pepin said.
 

Maine’s Legal Marijuana Stores Are Effectively Displacing Illicit Market, State Report Finds

Maine marijuana regulators say that the launch of an adult-use cannabis market in the state has already exceeded expectations when it comes to driving down illicit sales.


The Office of Cannabis Policy (OCP) released a report on Monday, based on a first-ever survey of about 2,000 residents. Among its key takeaways is that providing adults with access to licensed marijuana retailers is having the desired impact of undermining the illicit market.


With respect to past-month cannabis consumers, 64 percent of respondents said they obtained marijuana products from licensed retailers. OCP said that the “current illicit market has diminished more than expected,” compared to other state cannabis programs.


Via OCP.

“We found an estimated overall upshift in the regulated market between January of 2021 and November/December of 2021 of approximately 12 percent,” the report, conducted by Advocates for Human Potential for the state, says. “Interestingly, we found that those who prioritize their source of cannabis highly and those who are younger are more likely to use adult-use stores for their cannabis and to have shifted to adult-use stores from other sources since January of 2021.”


Legal retail marijuana shops launched in Maine in October 2020, and the state has since reported significant sales.


“The findings in this report point to policies and practices that promote and preserve public health and safety, while allowing legal businesses to compete,” OCP Director Erik Gundersen said in a press release. “The findings of this report serve as an excellent baseline for us to measure the continued evolution of our programs.”

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“OCP strives to be a model of good governance for the cannabis industry,” he said. “In addition to continuing research and producing reports like these, OCP will be conducting broader stakeholder outreach to empower industry and community participation in this goal.”

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Via OCP.

A geographical analysis of survey responses based on zip codes further found that people who lived closer to a cannabis shop were more likely to seek out marijuana from the regulated market, rather than run the risks associated with illicit transactions.

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Via OCP.

Additionally, the report says that people who purchased their marijuana from licensed stores were no more likely to have a cannabis use disorder or drive while impaired. A relevant, recent study found that people in states where marijuana is legal are less likely to report driving under the influence, which the authors suggested may be related to public education efforts and labeling requirements that commonly accompany cannabis policy changes.


“Make no mistake, the findings of this report show that the implementation of the adult use market in the state of Maine may be considered an achievement in both public health and cannabis policy,” Dr. Michael Sofis, principal investigator of the study, said.


Outside of Maine, the governor of California recently unveiled an updated budget proposal that calls for the elimination of the state’s marijuana cultivation tax and revised cannabis tax revenue allocations, in large part to further stamp out the illicit market.


A study released in 2020 found that local bans on marijuana businesses in California are helping the illicit market to thrive and are depriving the state and municipalities of tax revenue that could help offset economic losses caused by the coronavirus pandemic.


As more U.S. states move to legalize marijuana in some form—and neighboring Canada’s cannabis market matures—demand for illicit marijuana from Mexico continues to drop, a recently updated report from Congress’s research arm says.
 
I caught this a few weeks ago... pretty freakin awesome and makes way too much sense, if you ask me.:nod::razz2: Well done MAINE! :headbang::clap:




It's easy to LOVE Maine! (for MANY reasons, too)
 

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