YORK, Maine — A York County Superior Court judge Friday denied a motion by marijuana proponents to force the town of York to place a petition question on legalizing pot for recreational use on the November ballot.
Judge Paul Fritzche made the decision less than an hour before the 4 p.m. deadline Friday for the question to get on York’s ballot for Nov. 4.
Attorney David Lourie and David Boyer, Maine director of the Marijuana Policy Project, said the group would discuss the next step, if any, to be taken.
Marijuana supporters have 21 days to pursue an appeal to the state Supreme Court. If successful, they could ask for a special referendum vote in York.
“We’re obviously disappointed,” Lourie of Portland said after the decision. “I think the First Amendment cases control this. I think they have the right to be heard by the voters.”
Proponents had nearly 1,000 signatures to place a question on the ballot in York asking voters to legalize up to one ounce of pot in the privacy of homes.
Fritzche upheld the town of York’s position that legalizing marijuana was not a lawful topic for a municipality, as the ordinance couldn’t be locally enforced.
“This needs to be a topic of state and federal policy,” Fritzche said, adding he understood proponents were using “the referendum process as a megaphone.”
If selectmen in a town wanted to put the question on the ballot, that was their decision, Fritsch ruled. As it was, the 3-2 decision by the York Board of Selectmen against putting the question before voters stands.
Lourie argued that selectmen don’t get to decide what items go on the ballot if petitioners had enough signatures to satisfy the town’s home rule charter.
“There’s no authority to enact an illegal ordinance,” said Daniel Murphy, attorney at Bernstein Shur, who was representing the town of York.
“We’re pleased with the outcome,” town attorney Mary Costigan said after the decision.
No members of the Board of Selectmen attended the hearing in Alfred. Costigan said she immediately would be contacting town officials of the decision.
Similar petitions were successfully placed on the ballot in Lewiston and South Portland. However, York selectmen twice denied placing the question on the town ballot, both times in a 3-2 vote, even though petitioners had enough signatures to override a selectmen veto.
Selectmen voting no — Chairman Mary Andrews, Robert Palmer and Jon Speers — said the Town of York Home Rule Charter gave them the authority to place only a “lawful” ordinance before voters.
Those in the minority — Selectmen Ron Nowell and Torbert Macdonald — said voters should decide.