Tuesday’s election proved to be another step toward the end of marijuana prohibition in the United States, as legislation legalizing the substance was passed by voters in Maine and Michigan, and voters in Colorado approved a marijuana tax.
Known as Question 1, the legalization ballot measure in Maine legalized marijuana for adult use in the state’s largest city, Portland, and removed all penalties for possession of up to 2.5 ounces for those 21 and older.
According to the Marijuana Policy Project, the nation’s largest marijuana policy organization, the measure passed with support from about 70 percent of the city’s voters, making Portland, Maine the first place on the East Coast to legalize recreational marijuana.
While medical marijuana is already legal in the state, the legalization measure in Portland alone is being considered more symbolic than anything, because recreational use would still be illegal on both a state and federal level.
The Portland Police Department’s chief Michael Sauschuck said that regardless of the outcome of the measure, his department would continue to enforce the state’s marijuana laws. Under the state’s current laws, possession of 2.5 ounces of marijuana can lead to a civil summons and fines up to $1,000. Furnishing, selling or packaging the drug can lead to criminal charges.
“I continue to understand the symbolic effort behind this referendum,” Sauschuck said, “but I hope that no matter which way the vote goes, that our residents comply with state law.”
The ordinance also failed to outline a legal way for residents to obtain the drug, but that may soon be changing. In September, the MPP announced it would support a statewide ballot initiative in 2016 that would regulate marijuana like alcohol in Maine.
According to a press release from MPP, the large support Question 1 received on Tuesday is likely indicative that a measure regarding statewide legalization would pass.
After the polling results came in on Tuesday, David Boyer, political director for MPP’s Maine chapter, said, “Most Portlanders, like most Americans, are fed up with our nation’s failed marijuana prohibition laws. We applaud Portland voters for adopting a smarter marijuana policy, and we look forward to working with city officials to ensure it is implemented.
“Law enforcement officials’ time and resources would be better spent addressing serious crimes instead of punishing adults for using a less harmful substance than alcohol. The city has the ability to stop the arrests and prosecutions, and we hope they will do so immediately and respect the will of the voters.
“Now that marijuana is legal for adults in Maine’s largest city, there is an even greater need for comprehensive reform at the state level. By regulating marijuana like alcohol, we could take sales out of the hands of drug cartels in the underground market and put them behind the counters of licensed, tax-paying businesses. It’s time to move beyond prohibition and adopt a more sensible approach.”
Though 30 percent voted against the passage of the ballot measure, there weren’t any organized groups that opposed the passage of Question 1. However, some groups, such as the drug prevention group 21 Reasons and the Maine Public Health Association, came out against the ordinance and expressed concern that groups supporting the measure were also encouraging the use of marijuana.
“It’s highly inappropriate to be promoting pro-marijuana message in a place that has a large audience of people under the age of 21,” said 21 Reasons spokeswoman Kate Perkins.
The ordinance is expected to go into effect in about 30 days. Portland’s city attorney Danielle West-Chuhta has not said whether or not the city will sue to block the ordinance from being implemented.
Maine Rep. Diane Russell (D-Portland) said that the passage of the measure was “truly a victory for science, for common sense and for liberty”:
“We already successfully regulate marijuana for medical use and, with tonight’s vote, it’s now clear Mainers are ready to move forward responsibly regulating all adult marijuana sales. We are calling on city officials to respect the will of the voters, and state leaders to get ahead of this issue with a Maine approach to taxing and regulating this commodity, much like we do alcohol.
“It’s time to stop rewarding drug cartels and start rewarding responsible business owners, while funding important state priorities with new tax revenue.”
Colorodans vote to tax reefer
Following the passage of a statewide ballot measure last November to legalize recreational marijuana, voters in the Centennial State voted on Tuesday to tax legal marijuana wholesale and retail sales.
Proposition AA will create a 15 percent excise tax on wholesale marijuana, and also will create a 10 percent special sales tax on retail marijuana sales in addition to state and local sales taxes, passed with about 65 percent of support from voters. Passage of the measure was needed in order for retail marijuana stores for adults 21 and older to open as scheduled on Jan. 1, 2014.
According to a local voter guide, the tax measure is expected to raise about $67 million a year.
The tax money collected from marijuana sales will go toward funding the state’s public school construction program. At least $40 million each year has been promised to go to the schools, while the remaining sales tax revenue will go back to localities and 10 percent of the revenue will help fund the state’s regulatory structure, which includes enforcement of the laws.
“The passage of Proposition AA today completes the historic process of regulating and taxing marijuana in the state of Colorado,” Brian Vicente, one of the architects of marijuana legalization and a proponent of the tax measure, said in a statement.
Colorado’s Gov. John Hickenlooper (D) agreed, tweeting that “Marijuana, Cheetos & Goldfish all legal in CO,” and added, “Now we’ll have the $$ to regulate, enforce & educate.”
In a press release, Mason Tvert, director of communications for MPP, which supported Proposition AA and was the largest financial backer of the Amendment 64 campaign in 2012, said, “Colorado is demonstrating to the rest of the nation that it is possible to end marijuana prohibition and successfully regulate marijuana like alcohol. It is only a matter of time before voters and lawmakers in other states recognize the benefits and adopt similar policies.
“Passage of this measure underscores the benefits of taxing and regulating marijuana sales instead of forcing them into the underground market. Instead of benefitting drug cartels, marijuana sales will generate tens of millions of dollars annually for the state’s public school construction program.”
Though passage of the historic tax bill was applauded by a majority of voters in the state, there were some who were concerned that the tax on marijuana was too high and would cause people to begin buying from the black market again.
With the new tax — which is higher in some parts of the state — marijuana consumers can now expect to add another $6 to $9 to the price of an eighth of an ounce of marijuana, which is about $30 in Colorado.
But proponents such as Tvert argued that consumers would gladly pay extra for legitimacy.
Trifecta of legalization support in Michigan
In Michigan, voters in three cities — Lansing, Jackson and Ferndale — all approved ballot initiatives that removed local penalties for adults who possessed marijuana with measures to either decriminalize or legalize the drug.
Michigan’s ballot measures were similar to those that appeared on the ballot last November in Detroit and Flint, where voters passed measures that removed all penalties for adult marijuana possession. In 2012, voters in Grand Rapids also passed legislation that would reduce penalties for adult marijuana possession.
“There is [sic] now 14 cities in the state of Michigan that passed similar ordinance, and we hope this will send a message to politicians,” marijuana proponent Roger Maufort, president of the Jackson County Compassion Club, said. “We’re very excited.”
Like Maine, Michigan has legalized only medical marijuana, and the cities’ passage of the measures may be nothing more than symbolic. According to a report from Michigan Live, the ordinances are vague in how they will change current law and how marijuana is currently enforced in the state.
Though Lansing passed its measure to legalize possession, use and transfer of one ounce of marijuana by 63 percent, Jackson voted to decriminalize one ounce of marijuana by 60 percent and voters in Ferndale passed a measure to legalize one ounce of pot by 69 percent, Michigan’s Attorney General Bill Schuette said he plans to ignore the ordinances and will continue to enforce the existing state and federal laws.
Lansing Councilwoman Kathie Dunbar agreed with Schuette’s stance and said that the initiative was merely a “feel-good” question on the ballot that “means nothing.”
“We follow state law in the city of Lansing,” she said. “Passage of this is not going to impact anything. It sends a message that maybe the public is more amenable to legalization but it creates a whole host of problems for our police officers.”
However, Jeffery Hank, chairman for a Coalition for a Safer Lansing, which pushed for the amendment to appear on the ballot, responded by saying that local police should be the ones who deal with marijuana enforcement, not state officers.
Maufort agreed with Hank and said the Jackson measure will allow local law enforcement to focus on “real crime” in the city. “If you look at the closure rates of larcenies, breaking and enterings, even rape, it’s appalling,” Maufort said. “We need police to focus on taking care of the real issues facing residents.”