SOUTH PORTLAND – Although the South Portland City Council signaled Monday that it would likely place a referendum question regarding the legalization of recreational marijuana on the local ballot in November, one more meeting is required before the vote is officially set.
A public hearing on the ballot measure is scheduled for 7 p.m. on Aug. 18. At that meeting the council will make the final decision about putting the marijuana question before voters. Its only two choices are to adopt the proposed ordinance as written or put it on the ballot, according to City Manager Jim Gailey.
This week the council agreed to move the issue forward on the first reading, but most councilors noted their support was only procedural in nature and did not represent their support of the proposal to legalize the possession of a small amount of marijuana by adults.
The proposed ballot measure would require that the city not make the possession or use of marijuana paraphernalia or one ounce or less of the drug “the basis of prosecution or penalty” for adults 21 and older.
It also makes clear that the new rules would prohibit the use or display of marijuana or marijuana paraphernalia in public, as well as operating a car, boat or aircraft while under the influence.
Section 3 of the new ordinance, if approved, also states, “The city of South Portland, through adoption of this ordinance, resolves to support a change in state law to tax and regulate the sale of marijuana in a manner similar to alcohol.”
In the preamble to the proposed new marijuana ordinance, several statements support the idea of legalizing the use of recreational marijuana, including a clause that says the time and resources of police and prosecutors would be “better spent addressing violent crimes … instead of citing and prosecuting adults 21 years of age and older for possession of small amounts of marijuana.”
The preamble also states that marijuana laws are disproportionately enforced against communities of color; notes that President Barack Obama has “acknowledged that marijuana is less harmful than alcohol in terms of its impact on the consumer;” and states that police officers and prosecutors have the “discretion to refrain from issuing citations and filing charges” against adults for marijuana use and possession.
On July 14, supporters of legalizing the recreational use of marijuana in South Portland submitted a petition to the City Clerk’s Office that contained the signatures of 1,150 registered voters, which is enough to force a referendum on the issue under the city’s ordinances.
On Monday, David Boyer, director of the Marijuana Policy Project in Maine, thanked the City Clerk’s Office for the work it did on verifying the signatures and requested the City Council place the marijuana measure on the ballot in November.
Boyer said it’s clear the laws criminalizing marijuana use and possession are not working and are similar to the effort at prohibiting alcohol in the 1920s and ’30s, which he said, “turned millions of Americans into criminals.”
He also argued, “the majority of people are ready to move forward with a more common sense approach,” to the use and possession of marijuana by adults.
Resident Patricia White said she’s never smoked marijuana and has no intention of starting, but noted that it seems counterintuitive that she could surround herself “with as many weapons as I want in my own home, but having less than an ounce of marijuana is illegal. There’s a serious disconnect here.”
Another resident, Andrew Radcliff, said the City Council should put the marijuana measure on the ballot this fall arguing it is “the democratic process to let the voters decide.”
And Kyle Dixon agreed, saying the people of South Portland should have “the opportunity to choose” and argued that if marijuana were regulated it would be safer.
Former Mayor Rosemarie De Angelis, who is running for Maine House Seat 33 this fall, said while she does not support drug use, “there are good reasons” to move forward on legalizing a small amount of recreational marijuana. For one thing, she said, regulating the drug would “take control from the drug dealer on the corner,” whose product comes with “no age limits, no warnings and no labeling.”
De Angelis also said, “Prohibition didn’t work and this is not working either. The will of the people should be honored, you’re only being asked to allow the public to speak.”
But Lt. Frank Clark, from the city’s police department, said there is a “clear connection” between “normalizing” the use of marijuana for adults and increased use and acceptance of the drug by youth.
And Scott Gagnon, state coordinator of the Maine chapter of the anti-legalization group Smart Approaches to Marijuana, said allowing the use and possession of recreational marijuana would be “a threat to the quality of life” in South Portland.
He said legalization would have negative impacts on public health, the city’s youth and its economy. Gagnon also noted such an ordinance would be “unlawful” because it would contradict both state and federal law.
Gagnon argued that marijuana is not a safe substance and said that 1 in 11 people who use the drug regularly become addicted and said it has a negative impact on mental health, academic performance and fine motor skills, particularly for youth.
During the council discussion on Monday, councilors Tom Blake and Patti Smith both endorsed sending the marijuana question to the local ballot.
But councilors Maxine Beecher, Linda Cohen, Melissa Linscott and Michael Pock all expressed reservations, while acknowledging their duty to move the measure forward.
Beecher said, “I am not in favor of legalizing marijuana. Our ongoing substance abuse is costing us a fortune, but this was a citizen-initiated process and I have a responsibility as a councilor, so I will move this forward for a November vote.”
Pock said he’s not in favor of any “legislation by referendum” and said he certainly would not be supporting the question in the ballot box, but like Beecher, he noted the council had limited choices since enough petition signatures were gathered.
Prior to the 6-0 vote, with Mayor Gerard Jalbert absent, Cohen said, “It will be interesting to see what the voters say.”
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