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SOUTH PORTLAND – As Election Day approaches, those on both sides of a controversial proposal to legalize recreational marijuana for adults 21 and up in South Portland are working hard to reach voters.

The measure appearing on the local ballot reads: “Are you in favor of a citizen-initiated proposed ordinance entitled ‘Use of Marijuana by Persons 21 Years of Age or Older?’” The full text of the ordinance can be found on the election page of the city’s website.?

If passed, the ordinance would allow those 21 and older to privately use and possess up to 1 ounce of marijuana and to use or possess related paraphernalia. But, the ordinance specifically prohibits the use or display of marijuana in public, as well as operating motor vehicles, boats or aircraft while under the influence.

In addition, the new marijuana rules call on the city of South Portland to support sending a message to the state asking that Maine tax and regulate recreational marijuana like alcohol.

The Marijuana Policy Project is backing the legalization effort in both South Portland and Lewiston this fall, while in South Portland the police department, Day One, the Maine chapter of Smart Approaches to Marijuana and the citizen-led group SoPo Says No to Pot are all lined up against the proposal.

On Wednesday, after the Current’s deadline, Police Chief Ed Googins and David Boyer, political director of the Marijuana Policy Project in Maine, were set to square off in a debate at South Portland High School.

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Adding fuel to the fire is the fact that at least 27 of the 100 signs that the SoPo Says No to Pot group has put up across the city have gone missing in recent days.

City Councilor Maxine Beecher, chairwoman of the vote no effort, has reported the theft to the police department and said it’s important for people to realize that theft of political signs is a crime.

According to Maine law, “A person who takes, defaces or disturbs a lawfully placed sign bearing political messages relating to a general election, primary election or referendum commits a civil violation,” the fine for which is up to $250.

On Monday, Beecher told the Current she is not accusing anyone of taking the signs, but said she’s hopeful the police will now keep an eye on the remaining signs. Beecher said it seems to depend on how well lit the sign’s location is in terms of how long it stays in place.

For his part, Boyer said, “It’s disheartening to see our supporters accused of a crime without any evidence to back up the allegation. It appears our opponents have run out of ways to demonize marijuana, so they are resorting to demonizing those who support making it legal.”

This week, Boyer told the Current that voters should support the legalization measure because the general prohibition on marijuana “has been a failure. Prohibition has done nothing to get marijuana off our streets and it is time for a new approach.”

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He added, “Adults should not be punished for using a substance safer than alcohol and this ballot measure would free up limited law enforcement resources to go after more serious crimes.”

Boyer said there also seems to be misinformation about what the ballot measure would actually allow.

He said, “I would like people to know that this measure does not set up a place to buy or sell marijuana, it only allows for adults 21 and older to possess a small amount of marijuana in private.”

Many of those opposing the legalization effort say they are doing so because of their concern for the youth of South Portland and because the use and possession of marijuana would continue to be illegal at the state and federal level.

But, Boyer said police have discretion on the crimes they enforce and said, “Right now in Maine, our law enforcement officers choose to not enforce the federal ban on medical marijuana.”

He also does not anticipate any negative impact on the city’s youth, arguing, “Marijuana is already widely available and widely used. Making it legal simply sends the messages that marijuana is for adults and should be handled responsibly.”

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Boyer added, “Our current marijuana prohibition laws, which allow adults to use alcohol but punishes them for using a less harmful substance, are intellectually dishonest.”

For Beecher though, approving the use of recreational marijuana would send the wrong message to the city’s youth.

“Look what’s happened with alcohol and smoking and marijuana is a much more dangerous drug,” she said.

Beecher also said that allowing adults to smoke marijuana in private “makes the behavior acceptable” to youth.

And, Beecher said, widespread use of marijuana among South Portland teens is already an issue, which is one reason the school board passed a resolution last week urging people to vote no on the marijuana measure.

This action follows a unanimous vote this past spring by the City Council to also support a resolution asking people to vote against legalizing marijuana in South Portland.

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“I just feel very strongly this is not something we want to allow,” Beecher said. “I just hope people care enough to make the right decision.”

Scott Gagnon, head of the Maine chapter of Smart Approaches to Marijuana, said residents of South Portland should vote against the marijuana measure to send the message that the city “does not condone marijuana and to make a statement that (its use) will not become a community norm.”

He argued that legalization is failing in Colorado and becoming increasingly unpopular in that state due to the negative impacts on youth and to public safety.

“No amount of tax revenue is worth the costs to our youth and our public health,” he added. Gagnon also pointed out the vote in South Portland would be “purely symbolic.”

In answer to the argument that the prohibition on marijuana has failed, Gagnon said, “of course we don’t have perfect policies, but the solution to that isn’t to increase access to drugs, which legalization would absolutely do.”

He said the better solution would be for “us to come together just as we came together to address the prescription drug abuse epidemic. The result of that work is decreases in youth misuse of prescription drugs (and) we can achieve similar results with marijuana.”

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Gagnon also doesn’t buy the argument made by the Marijuana Policy Project that the substance is no worse than alcohol.

“Of course marijuana is not safe,” he said. “It is much more potent than it was in the 1960s and 70s. (In addition), one in six youth who use become addicted and it contributes to our more than $1.4 billion annual cost of substance abuse in Maine.”

Gagnon said his biggest concern if the ballot measure legalizing marijuana were approved is that, “It sets in place (the idea) that marijuana is no big deal.”

He added, “The opposition to this ballot initiative has been local, led and driven by local leaders and citizens, (while) the drive to legalize in South Portland has been spearheaded and driven by a Washington, D.C., special interest group. We think it’s time for Maine drug policy to be crafted and driven by Mainers, not outside special interest groups.”

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