VLA Reports out Marijuana Amendment

Friday, January 20, 2017

The Veterans and Legal Affairs Committee (“VLA”) held a public hearing on Tuesday of this week on LD 88, which lasted for just under four hours with several dozen members of the public testifying. There were more people there to testify against the bill, mainly organized by Paul McCarrier and Legalize Maine.

VLA met yesterday to work LD 88 a second time. They voted unanimously to support amendments and completed language review. The bill will be on the House calendar on Tuesday, so it can get it to the Governor as soon as possible.

The Committee addressed several issues:
  1. Definitions: the amendment replaces the initiative definitions with definitions that mirror the criminal definitions. They try to refer to both marijuana and marijuana concentrate together mostly throughout the amendment when possible.
  2. Minor issue: the Committee adopted their own provision specifically tied to prohibiting possession and applying tiered penalties. They opted to pass the comprehensive minor provisions on to the joint select committee to address.
  3. Non-public definition: the Committee opted to limit to private residence "including curtilage" or "private property, not generally accessible to the public." There was a lot of discussion around use in motor vehicles (while in operation, buses, RVs, etc.), but they settled on focusing the language on consumption in a motor vehicle while the vehicle is in operation. They prohibit use on property used for daycares and in designated smoking areas under the Workplace Smoking Act. They apply fines for violations.
  4. Rulemaking: adoption "shall" occur 9 months after the effective date of the MLA. The Department of Agriculture will be allowed to delegate rulemaking to the Department of Administrative and Financial Services and the Bureau of Alcoholic Beverages and Lottery.
  5. Amounts: they used the MA language 2.5 oz of marijuana "except that no more than 5 grams may be in the form of marijuana concentrate." They opted to defer the weight issue - distinguishing this weight from the weight of the product (brownies, butter, etc.) - to the joint select committee.