Russell believes pot tax could bring $13M to the state
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AUGUSTA, Maine — The nation's pendulum is irrevocably swinging toward legalizing marijuana, say experts and advocates, and Maine is in many ways the logical choice to follow in Colorado and Washington State's footsteps.
Already 18 states and the District of Columbia permit medical marijuana use, creating a newborn industry that in 2011 reaped an estimated $1.5 billion in profit, according the publication Medical Marijuana Business Daily.The MMBD estimates that next year, with legalization in two states, that figure will double to $3 billion.
"The general feeling in the industry is that Maine is one of the leading candidates to push through recreational use this session," said MMBD editor Chris Walsh.
It's a trend that encourages state Rep. Diane Russell, D-Portland, who filed a bill with 35 co-sponsors so far that would allow recreational use of pot in Maine. But it's concerning to law enforcement and substance abuse professionals, who fear further use statewide.
Russell's bill would set up a regulatory and legal framework to permit the legal sale and distribution of marijuana in Maine. She is forthright about her reasons for filing the bill.
"There's a momentum building and it's clear it's coming to the Northeast and to Maine," she said. "I would rather see us get ahead of the curve and be ready. The train is coming and if we bury our heads in the sand, we're going to get hit."
Maine already allows the sale and distribution of medical marijuana and years ago decriminalized possession of an ounce or less of pot, making it a civil infraction.
Russell's bill includes the following provisions:
Establishes a $50 per ounce excise tax on marijuana sold or transferred by licensed marijuana facilities. Russell "conservatively" estimates the tax could bring $13 million annually into the state, but said with Colorado and Washington just passing legalization there's "no good data on how big the market really is."
She did say marijuana use is "ubiquitous" in Maine, and pot is "the number one cash crop and has been for a number of years."
- It would only be allowed for sale to people age 21 and older, and creates a new civil violation for minors who present false identification for retail purchase.
- Those over 21 would be able to possess up to 2.5 ounces and cultivate up to six marijuana plants
- It creates the Bureau of Marijuana Regulation, Licensing and Enforcement, which would regulate marijuana "much along the lines of liquor licensing," Russell said. Cultivation permits would first be offered to current medical marijuana dispensaries.
- If it passes the Legislature, the legislation would still require a citizens' referendum to approve the action.
Legalizing marijuana deeply concerns Sally Manninen, substance abuse prevention coordinator for the Center for Community Health at York Hospital. Manninen said teenagers can face anywhere from a 17 to 50 percent addiction rate from pot, depending on how often they use it and genetic disposition, because of their developing brain.
That only adults may be able to purchase pot makes little difference in a home where it is available — much like alcohol, tobacco and prescription drugs, she said. Moreover, like alcohol, if it's available, those under 21 could find someone to make the purchase for them.
"Increased access to a substance increases the likelihood of using and abusing," she said. "It's pretty simple."
York Police Chief Doug Bracy echoed Manninen's concerns and raised a few of his own — particularly who is going to be manufacturing the pot. "Out west, drug cartels are heavily involved," he said. "We don't have the resources to keep track of this industry."
Bracy said street pot is often cut with other substances including cocaine and manufactured derivatives. "It's become a real science," he said. "Do we as a state have the resources to regulate it properly?"
Russell argues her bill does set up a regulatory framework, which she agrees will be necessary to deal with legalization. "The fact is, right now we have no control over the market — who is growing, how it's getting from one place to another, limiting access. This bill deals with all of those issues," she said.
Overarching her bill and all laws that permit marijuana use is the fact that the substance is still considered illegal by the federal government, Walsh said. The Obama administration has so far had a hands-off approach but "that could change completely" — particularly now that two states have decriminalized its use.
"You would think that Washington and Colorado wouldn't have moved forward if there was some kind of indication of federal action," he said. "But this could change with each president. There's no guarantee of the future."
Russell said she believes the time is right for her bill to pass. The proof, she said, is in the number of co-sponsors it has received, including four Republicans.
Admittedly very progressive politically, "I'm used to taking stands on my own. I was stunned by the number of people who wanted to co-sign. They were hearing from their constituents and tell me that had to co-sponsor the bill."
Among them are Reps. Deane Rykerson, D-Kittery, and Bobbi Beavers, D-South Berwick.
"It's much better to have marijuana use regulated than unregulated," said Rykerson, who added he would have signed the bill regardless but did hear from a number of constituents as well. "Prohibition never really works, as shown by alcohol prohibition."
He calls himself a "liberaltarian," and said he favors issues that remove prohibitions from personal choices such as gambling and marijuana use. "If it's something that's not hurting someone else, in general I believe it shouldn't be restricted."
Kittery residents seeking his support of the bill in general told him they did not see marijuana as dangerous as compared to alcohol and therefore it shouldn't be illegal.
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