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City councilors in Portland could have decided Monday to legalize marijuana within city limits, but instead chose to put the question to voters this November. We’re glad they made the decision to give residents a voice in this decision, rather than make it for them, but we have significant concerns about regulating marijuana town by town.

The Portland council was considering a petition signed by 2,508 registered Portland voters that sought to allow adults 21 and older to possess up to 2 1/2 ounces of pot. The city ordinance would not allow the use of marijuana in public and would not legalize its sale. The petition effort was headed up by a coalition that included the Portland Green Independent Committee, the American Civil Liberties Union of Maine and the national Marijuana Policy Project.

While we agree with many of the arguments of the petition’s supporters, we do not feel that piecemeal legalization is a wise move, particularly when it flies in the face of state and federal law.

If adults have the right to purchase and consume alcohol, it’s hard to argue that they shouldn’t have the right to use marijuana, which has been shown to cause fewer societal problems and crime.

The issue, however, is that this proposed ordinance would create other problems and enforcement will still be necessary, with police making sure people are not selling marijuana, using it publicly or in possession of more than 2 1/2 ounces. And does it really make sense to legalize the use of something that is illegal to sell? It seems this ordinance, which does not legalize the sale or growth of marijuana, would only bolster illegal growing here in Maine and illegal importing of marijuana, some of which has been shown to have ties to the deadly drug wars in Mexico.

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Reform of the marijuana laws should be done, but it should not be done piecemeal like this.

It’s worth comparing this proposal to two other recent issues facing the state: Gambling and fireworks. Biddeford voters approved a racino facility in 2010, but public outcry ensued from abutting towns, with one of the complaints being that those communities had no say on something that would affect them, whether it be simply via increased traffic or due to concerns about potential growth in crime and addiction problems. The racino plan was shot down when it went to a statewide vote in 2011.

Without a checkpoint fence around Portland, it’s hard to believe that people would leave their marijuana behind when they leave town, and they’re unlikely to be mindful that they’re committing a federal drug crime once they cross the city line. Drug violations in surrounding towns are sure to skyrocket if this decision goes through, and we’re surprised there hasn’t been more concern voiced by public safety officials in the abutting municipalities of South Portland, Gorham, Westbrook and Falmouth.

As to the fireworks comparison, the decision by the state to legalize them but then allow each municipality to decide whether sale and/or use is allowed within city limits has created a confusing mish-mash of rules. If each city and town makes its own decision on marijuana, too, it’s only going to cause confusion and unintended violations.

While marijuana reform really needs to come from the federal level, that seems unlikely, so the states seem to be forcing the issue. The drug is now legal for sale and personal use in Colorado and Washington state. Maine has already legalized medical marijuana use and the dispensary system is set up to ensure proper, safe channels.

An effort to legalize marijuana statewide, LD 1229, died in committee this past session and was not approved for a statewide vote this November. One of the major concerns is the expense and complication of setting up a Bureau of Marijuana Regulation Licensing and Enforcement. While this would undoubtedly cost money up front, taxing marijuana sales would provide a significant income stream in the long-term that should prove to be self-sustaining.

The Marijuana Policy Project has publicly said it plans to collect enough signatures to put the question on a statewide ballot in November 2016, and that’s if no one else gets to it sooner. We hope Portland voters will wait for that effort so this issue can be decided in a thorough, comprehensive manner at the state level.



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