Baldacci and AG want changes to marijuana law

Baldacci and AG want changes to marijuana law


By Mal Leary
Capitol News Service
BANGOR DAILY NEWS PHOTO BY JOHN CLARKE RUSS
Maine Attorney General, Janet Mills

AUGUSTA, Maine — The law expanding access to marijuana for medical reasons passed by voters Tuesday needs changes to make it workable, said Maine Gov. John Baldacci and Attorney General Janet Mills. Supporters don’t disagree.

“I have asked the commissioner of Health and Human Services [Brenda Harvey] to chair a task force to put together what changes need to be made,” Baldacci said Thursday. “I am working on an executive order to set that up.”

Click Here to view the full text of the Maine Medical Marijuana Act.

He said there are problems with the legislation as approved that need to be addressed by legislators, as there often are in initiated measures. Under the constitution, the Legislature has 45 days after they convene in January to make changes to the law before it takes effect as written.

“They will have to move quickly,” Baldacci said, “but, we are efficient, we will do what needs to be done to make this work.”

In 2004 lawmakers had a similar task when voters approved slot machine gambling but the legislation had conflicting provisions and no structure for oversight. The Legislature created the Gambling Control Board to oversee slots gambling and made other changes in that citizen-initiated law.

The voter approved measure makes Maine the fifth state to allow retail pot dispensaries, a major expansion of the 10-year-old citizen-initiated law allowing personal use of marijuana for medicinal purposes. California, Colorado, New Mexico and Rhode Island allow for places where medical marijuana patients can legally buy pot.

“There is not a mechanism in the bill to provide for enforcement of the bill,” Attorney General Mills said in an interview. “This bill creates some really serious enforcement problems.”

She said the legislation goes “overboard in several areas” dealing with providing immunity from other state laws. She does not think the voters intended to grant such broad immunity when they voted to provide for easier access to marijuana for medical purposes.

“It overrides the licensing authority, overrides law enforcement, overrides the department standards, overrides in some respects good medical judgment in favor of the use of marijuana, beyond what I think the people expected it would do,” she said.

Mills said while the voters have made it clear at the polls that they want expanded ability for the use of marijuana, she believes there are several unintended consequences in the law that need to be addressed before the law takes effect.

“Sure, there may be some tweaks that are needed, but we have a mandate from the voters,” said Jonathan Leavitt of Sumner, one of the leaders of the citizen initiative effort that put the question before voters.

“Like with other laws like this, the voters speak and it is up to the Legislature to figure out how to make it work,” he said. “We put in the $5,000 licensing fee for the dispensaries to pay for the costs of regulating all of this and we think that should cover the costs of this law.”

Mills does not think the fee will cover the costs of setting up the oversight of the sellers at the dispensaries and regulations for their operation. She doubts lawmakers will want to cut other programs at DHHS to provide for the operation of the new marijuana law.

“This will not be the session to be asking for money for anything,” she said.

Leavitt said supporters of the referendum are willing to work with lawmakers and the governor on any “legitimate” problems with the law, but would resist any changes that undermine the intent of the measure to make it easier for Mainers with medical conditions to access the marijuana they need to help them.

“People have voted overwhelmingly for this, “he said. “We have a mandate.”

Leavitt said supporters of the group want to “be at the table” as changes are considered by the governor’s task force. Baldacci said he had discussed the makeup of the task force at Thursday morning’s Cabinet meeting and raised the issue of who should be invited to join.

“Patient advocates will be at the table,” he said.

Baldacci said the executive order creating the task force and setting out its charge should be completed soon.

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Comments
56 comments on this item

the state spent plenty of money telling voters their opinion oin TABOR, the Excise Tax and Same Sex Marriage I guess there was not enough time to tell everyone about medical marijuana. so now we will have a paid commission to go over the law? priceless.

Baldacci will fix this because he knows what Mainers want, just like he did when he passed the gay marriage law.

Legalize it, period. Drugs are the 2nd largest economy in the state of Maine. Right now it is currently untaxed. Baldacii and his co-horts in the Marble Playground like to tax. So, legalize it already.

They should look to other states such as Michigan which is setting up a system on a much larger basis. This is a great thing for the Multiple Sclerosis community (which my wife deals with) & sufferes and so many other diseases. This is a god given plant, and they need to make sure you can grow your own at no cost to you from the state.

If you look at the population density that is within two hours drive of the borders of Maine there is only one conclusion - legalize it for all and reap the tax benefits.

Obviously, we must create a massive, large bureaucracy to oversee the distribution and tax. This will create many new state jobs and boost the unemployment numbers for the state. Hey the stimulus is finally working. No wait, that would be stimulant and marijuana is a depressant.

Baldacci said, “but, we are efficient,..."

Can I get a witness?!?!

First of all, I think it is so silly to call Marijuana a drug any more than calling Lettuce a drug. Actually lettuce does contain small traces of opium but would we classify lettuce as a Schedule I narcotic? No, that would be silly huh? It's a vegetable green right? Well, unless you live in the back country, I think you can tell the two are pretty much the same when it comes to common sense. Back in the 1930's, we didn't have much common sense. That's when we made Marijuana a crime. That's when we said it was the "Devil's Weed" - hence the 'Reefer Madness' mentality. But that was eighty years ago and when will we get it? I imagine it did take a long time before we discovered that thunder wasn't our Gods being angry at us. Well, if that is the case: When you walk outside and you thank your God for the sky, for the mountains, for the sun, for the food on your table; don't forget there are other things that were created for us too. We are still just children. Don't believe your grandmother, she will always be younger than you if you understand any of this. We just pass a mandate saying Maine can have retail pot stores and the State just burned up $12 million dollars of it from up north. Ayuh! The Feds will always try and blind the States to see Marijuana as anything more than just what it really is. A peaceful plant, full of flowers that not only gets our human race off of the pharmaceutical chemicals the health care society wants us on all the time, but it could actually turn this dented planet around. Anyway, I think it is all just so silly and maybe one day... We need to get out of the friggin' greenhouses and go get some terrorists... Let's go! I heard Osama Bin Laden smokes lettuce! Oooooo!

all these years they have had time to tweak the laws,now we vote to have dispensaries and now they want to change it up after we voted ..sounds fishy to me,whats baldy up to no good no dought.legalize the green.peace

The people have spoken. now maine wants to chop the hell out of it . vote all the idiots out ....................

You work for us, democrat, do you hear us now???!!??

Baldacci please leave,,,,,and take Joe "The Tax Clown" Perry and Emily "I know whats best for you" Cain with you! Time to flush the toilet at the capital and get rid of all the bullsh*t.

captainandy 11:33 PM : That's funny !

Has anyone seen my hemostats ?

I agree with bosox21fan! Time to take back Maine!

Amen bosox21fan !! Well said.

Start "tweaking" by getting DHHS the hell away from the operation. Enforcement brought to you by the people who took your kids away for admitting to smoking weed occassionally. Brilliant. The goal is further prevention of implementation. Doesn't matter. It's been ignored for 45 years that I know of, and will continue to be so.

The law should be what the people want and not some politician agenda. Listen this time so we don't have to vote on it again!!!!!!!

Damn.......she be ugly!!!!

time to impeach the bald man

Sure the state needs a little time to fine tune the law..... so they can make as much money as possible while making Med MJ as hard to get as they can. I don't smoke it but I think it should be totally legal and regulated just like booze. Billions of dollars worth are grown, imported and sold tax free in this country every year. And the only ones benefiting from alll this is the DEA and other law enforcement through fines, jails, and property seizures.

just imagine all the jobs that would be created if we legalized HEMP!!!!!! of course the cotton industry is the one that fights this the most, as they do not want the competition of hemp fiber. They grow HEMP right across the boarder in Canada. Hemp is also a good source of ethanol, and makes more sense than using corn, which is cutting into the food supply. Even cold climates like what we have, a farmer would be likely to get two crops. More profitable than potatoes.

Ha Ha HA HA~~~Yep, well spoken. You want Pot and think the law should be changed as I do. Well maybe you should of used the same thought process for the Vote on Equality for ALL.

You the people (51%) and the Law of the Land. HA HA <<<<

Stop wasting tax payer time and money.... Legalize it all the way around.

Get over it ElectraGlide.

Terence @ 11:39, that is only part of the story. On August 2, 1937 the Marijuana Tax Act was passed. This made marijuana essentially illegal. It was not because iof it being a drug, though that was teh big push for it. This was being propagated by the cotton industry and a few others that were afraid of competition from the hemp industry. You see hemp makes a much better quality fiber than cotton that lasts longer is is much stronger. There has been a lot of disinformation on how dangerous a drug it was that was being propagated by competing industries as well as paid government officials. Not much different than what the insurance industry is doing today.

The pot abuse in Maine is about to go through the roof, just wait and see...

HAHAHAH, THREE THINGS THE BALDACCI ADMINISTRATION BROUGHT TO MAINE. GAMBLING, UFC FIGHTING, AND NOW WEED!! HAHAHAHAHA. AND HE TRIED WITH GAY MARRIAGE!!! HAHAAHAHAHAHAHA.....HE AND HIS ADMINISTRATION WILL BE KNOWN AS THE WORST EVER.....

I only have one question? If and when it happens are they allowed to light up in public smoking areas with all the rest of the shunned smokers?

And do they have to follow the same rules of the road in Bangor? ( no smoking in the car with a under age child)?

What about second hand smoke will there be comercials on Tv regarding public Pot smoking?

I gues that's more than one question but all are troubling to me!

Did he really say the Maine Legislature is efficient? Did he really? I am in shock.

You all should have seen this coming. You have to know that no matter what the voters think or how the issue was presented, as soon as the dust settles and the wheels begin having ideas, the law will eventually be "tweaked" to be whatever they think it should be. I am for legalizing it across the board. Prohibition didn't work. People still drank. Marijuana is no worse than liquor. In fact, I can't think of a single medical use for booze. Marijuana carries a antiquated stigma with it. Marijuana will lead to harder drugs. It will make you insane. It will ruin your life and so on and on. Another argument is that if it is legalized, we well be a county of dope heads. Is that what happened with prohibition? As soon as booze was legalized, did the nation instantly turn into a flock of drunks? No. Let''s learn from history here people. Think of the money we would save without busting people for marijuana. Free up the courts, the jails, the law enforcement man hours and so on. On the other hand, the tax from legal marijuana may be just the revenue we are needing to help our strained budgets. Seems like a win win scenario to me. This all being said, the people have spoken as to marijuana. Time to form some study panels and some other pork filled committees to rewrite what the people have mandated. News flash Augusta, it is not up to you any longer to tweak anything. Pass it into law and set up the support system. Seems easy to me, but then again, nothing is easy in government. First and foremost, in government, you have to study the situation. This requires a study group. Then you have to raise taxes to finance the study group. Then, you have to stretch out the study so long that any direct help that would have been realized by the sick is non existent. Basically, spend a pile of money for nothing. Now, I wonder why we are running a budget deficit? Get real. Get off the dime and do what the voters want. No pork this time around. Government.. who needs them????

He did say that! Can't tell if he said it with a straight face, tho. He's pretty good at poker, I'm sure...he can give his hometown a casino and deny any others without even flinching.

If the state will only stop wasting our tax dollars by trying to control a substance that cannot be controlled! Opiates are killing our youth and ruining lifes through out the state and they still worry about someone using pot for medicinal purposes. Want to balance the budget, stop wasting money investigating, prosecuting, and jailing people over marijuana!

this is funny the law just pasted and they want to change it allready.

I have waited for 40 years for this law to change.

I don`t think ole Baldy is feeing very supported today.

Doesn't seem right that we, as voters, pass a law...and then Baldacci gets to change it? Definitely won't be voting for him for reelection...for this and many other reasons as well.

I am glad I didn't hold my breath while I waited.

Lets just be done with it, legalize it for everyone beat Cali. to the punch and set up a system of growing, distribution and taxation. This weed is a gift from God and we shouldnt waste it. The main reason pot was outlawed was the cotton industy and the chance of interacial sex. Look up the history around the 30's it is very racist.

Hey Govt2Big - did u see that you via your username were mentioned in the Ellsworth American this week?

Oh and p.s. - pot abuse will never be able to rival the alcohol abuse in this state...

angela @ 2:37 PM, you couldn't vote for him if you wanted to in the next election. he is termed out.

Baldie to the rescue.

This is what happens when people with no understanding of the law try to create law.

Sorry MarinaCosgrove but marijuana all by itself is THE #1 cash crop in Maine. I smoke and i voted no because i read the bill and saw DHHS was .lol. in charge of dispenseries. What was the point, you will probably never see any dispenseries anyways. Underground "dispenseries" will continue to thrive..LEGALIZE???????????????????????????

The headlines say "changes to the Marijuana law". Which one would believe there is already a law..AND they want to make changes to it. Which is just how the @zzwipes in Augusta like to work...Spend, spend, spend, I for one will be so "f**king" glad when "THE BALD ONE" is out of Augusta!!! Send him back to the restaurant business to make MEATBALLS.....LOL

To ishouldhavehadav8: To be more mature, how about we act just as we do now, but let's stop fining and throwing innocent people in jail. For what? Does anyone really know? I mean does the FDA come in and shut down the herbal stores, the natural food stores, the organic stores and throw them all in jail because they are selling a product that wasn't approved by them. It's a vicious circle that swarms around us. It's the FDA-Healthcare-Pharmaceutical circle and it wants to sell you every cure under the sun and then the cure to what they have done to your system. I see all the overdose victims out there droppiing off one by one and wonder who gave them the bullet. No, you can't overdose on marijuana. If you do, it's because of something else you are on. Only an idiot would believe that marijuana only helps people with terminal illness. The list that a Doctor (if they knew any better) would prescribe a natural, organic substance as a herbal remedy would be vast. If you only knew. Those doctors don't exist, of course. Well, they are rare. You know what's funny? A Doctor, living in a big smog-filled city calls a friend (who also is a doctor) and asks him why he smokes cigarettes if he knows the ills and prescribes the remedy (advice) and the friend asks HIM why he lives in a smog filled city... The first Doctor replies "Because I am making a killing out here!". The end.

she doesnt think the voters intended on granting such broad immunity?aghhhhhh yes we did, who is the ag, to tell us what we think when we voted for this law. as far as getting pot to those who are sick and dying, all those pot raids around the state, theres plenty to get this program off and running, instead of buring it, storing it in a warehouse for ever, turn it over to the state, and put into pharmacys, where a licensed pharmisist, can fill the script.

When the law cannot be understood by the people that are obligated to follow it, what is its purpose? The purponents of such might as well have "secret laws" , arresting you, for an unspecified reason, jailing you for something or other. This new law, as it is written, is not as hard to understand as some of the laws written by the "full time law understanding people" ( try reading the IRS tax code, if you want to see an example of law written to be out of reach of the "law not understood" crowd)

I agree, this law has flaws, It involves the growing of a crop- that should be regulated by food and Ag, just like all other crops. Food and Ag regulates the safe manufacture of milk, meat, eggs, vegitables, flowers, even bottle redemption centers! Why is the fee for a dispensery sooo much higher, than say a bottle redemption center?

The law addresses the use of the product in public places- it is not allowed.

The law addresse the operation of automobiles and machines- it is not allowed.

The AGs office needs a barrage of angry phone calls, and letters. The govener would be well served by the same, dont be afraid to call your local state rep, leave him a little voice mail.

What would really be impressive is a big crowd of people standing outside of the statehouse, with burning torches, pitchforks, and siclkes, and a big ol ax!

Off with his head! its been done before, and it was very impressive.

>>>On 11/6/09 at 8:43 AM, Govt2Big wrote:

The pot abuse in Maine is about to go through the roof, just wait and see... <<<<

So, a quick question of logic, to maybe help me see the light? ALCOHOL kills people- Marijuana has killed 0 people. PLEASE explain the justification that alcohol is OK to keep legal, but marijuana which HAS NOT been responsible for even 1 death should be illegal.

How do you even STAND behind that opinion?

“It overrides the licensing authority, overrides law enforcement, overrides the department standards, ..." What seems to be the problem? I feel the tyranny already entering in, and the people have educated themselves and spoken; these public servants should respect that.

Whatever they decide, I sure hope they bring it to the voters BEFORE they finalize it. I can just see CPS coming to take your kids away because your husband is taking medical marijuana. Yup, it's all about the money honey.

"Mills does not think the ($5,000)fee will cover the costs of setting up the oversight of the sellers at the dispensaries and regulations for their operation. She doubts lawmakers will want to cut other programs at DHHS to provide for the operation of the new marijuana law."

-

Hmmm.... How can we raise revenues to be able to provide adequate oversight of the dispensaries without having to cut other programs at DHHS?

hmmmm.....hmmm......

HOW ABOUT A MARIJUANA SALES TAX!!!!!!!

AG Janet Mills, DHHS Brenda Harvey, Govenor Baldacci, and anyone else that works for the State of Maine, should be dancing in the streets with joy for having this ballot measure be passed with such overwhelming approval from the voters.

Hello???!!!!

The voters just gave you a sollution on how to balance the State Budget Gap!!!!

Impose a Medical Marijuana Sales tax on all purchases! Link the tax to go to fund the Budget Gap, or to the State General Fund.

We could base the tax on the weight of the amount sold to the consumer.

Example: $1 tax per 2 grams of medical marijuana sold.

Since the dispensaries are operating as a nonprofit, they will still be able to sell the medical marijuana well below market value even with the imposed tax.

Problems solved Augusta! You'll be able kill two birds with one stone.

A medical marijuana tax would be able to provide the means for adequate oversight of the dispensaries and fill the State Budget Gap.

No more cuts to DHHS, no more cuts to Education, no more cuts to Transportation!

The very plant that you authorities has tried to erradicate, will end up being our saving grace.

Thats Karma for ya!

Give Baldy and Mills a chance they'll screw it up for us.

I think Baldacci smokes this stuff constantly.What with all the stuff he dreams up. And what about that gay marriage deal he tried to shove down our throuts. I ain't for it there's enough drones walking the streets as it is.

Does anyone really think that their weed is going to be dispensed, allowed, or chosen to be prescribed and sold legally? The government is going to make all of the money with their own weed.

The People have spoken. It's about time our State Government took a serious look at what needs to be done to make this work for ALL Maine citizens. I wonder if the Temple will get an invite to sit and talk?

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