YORK, Maine — The Marijuana Policy Project on Wednesday requested York County Superior Court to order the York Board of Selectmen to place a question legalizing marijuana on the November ballot.
A hearing on the request could be held as early as Friday, according to David Boyer, Maine director of the Marijuana Policy Project.
Friday, Sept. 19, is the deadline for items to get on the Nov. 4 ballot, according to Town Clerk Mary-Anne Szeniawski.
“Sept. 19 is not a do-or-die date in our lawyer’s opinion,” Boyer said Wednesday. “Just because it’s inconvenient to send out another round of ballots, it’s far cheaper than to hold a separate election.”
The Marijuana Policy Project has been successful in getting the question to legalize marijuana on the ballot in Lewiston and South Portland, but has twice been unsuccessful in placing it before York voters.
Town attorney Mary Costigan has told selectmen the petition could get on the ballot should proponents get it notarized.
Asked about potentially going this route, Boyer said Wednesday, “We’re tired of playing games. We followed the rules and we think the rules should be followed.”
Interim Town Manager Steve Burns could not immediately be reached for comment.
The plaintiffs are seeking a temporary injunction requiring selectmen to place the petitioned ordinance on the Nov. 4 ballot. Plaintiffs include York voters who have signed and circulated the petition, as well as a York voter who did not sign the petition but who wants to vote on the measure, according to a released statement from Boyer.
If voters passed it, the measure would make it legal for adults age 21 and older to possess up to one ounce of marijuana in York. It would remain illegal to consume or display marijuana in public. The measure also includes a statement in support of regulating and taxing marijuana like alcohol at the state level.
The coalition Citizens for a Safer York initially submitted more than 200 signatures to place the measure on the ballot through selectmen approval. On July 28, the board voted 3-2 against, giving the group 30 days to collect an additional 641 signatures. It submitted nearly 1,000 signatures, with 767 verified.
Yet on Sept. 8, selectman again voted 3-2 to not place the measure on the ballot, with those in the majority saying the town charter gave them the authority to place only “lawful” ordinances on the ballot.
Selectmen Ron Nowell and Torbert Macdonald were in favor of placing the question on the ballot, saying voters should decide.
“The right to petition your government is the bedrock of democracy,” said plaintiff Sherry DaBiere in a released statement. “For the selectmen to ignore the will of their constituents goes against what our country is all about, and that is why I signed on to this case.”
Boyer has long maintained that pot is safer than alcohol.
“The Board of Selectmen clearly went out of [its] way twice to disenfranchise these voters,” he said. “We cannot stand by and let elected officials try to silence the people of York who would like to see marijuana regulated like alcohol.”