ME: Legislature May Restrict Marijuana Edibles When It Takes Up Referendum

Katelyn Baker

Well-Known Member
Augusta – Among the first items of business when legislators return next month will be a couple of quick fixes to the recreational marijuana measure approved by voters in November.

House Speaker Sara Gideon said Wednesday that two changes are "front and center" to correct problems some have identified with the legalization referendum.

She told Portland radio station WLOB that lawmakers will immediately take steps to ensure that only adults will have access to marijuana.

Gideon also said that they'll also seek to bar the sale of edible products containing marijuana that may appeal to children, citing gummy bears as an example.

Secretary of State Matthew Dunlap on Wednesday announced the final vote on Question 1 to legalize marijuana. Those in favor collected 381,768 while those against had 377,773.

The new law takes effect 30 days after Gov. Paul LePage issues a proclamation announcing the vote, something he has to do within 10 days.

The law, though, also lays out the necessity for a regulatory framework that doesn't exist yet.

"Before this can go into play, there's a lot of work that has to be done," LePage told WLOB on Wednesday.

The governor said Tuesday during an interview with WVOM-FM in Bangor that he hasn't done anything yet to prepare for the change.

"I can't move forward without money," he said. "There's nothing I can do."

LePage said legislators will need to cough up at least $5 million if they want to move ahead with having the Maine Department of Agriculture, Conservation and Forestry regulate marijuana, as the referendum envisioned.

The governor has said repeatedly that the department has no staff or experience with that sort of regulation.

He said it makes more sense to have the Bureau of Alcoholic Beverages & Lottery Operations take on the assignment.

Either way, though, the state has to hire more personnel and write a whole new set of regulations, LePage said. It could easily take so long that a new governor would be in office before the rules are ready.

Both LePage and Gideon said the Legislature needs to correct a drafting mistake in the measure approved by voters that some, including Attorney General Janet Mills, have said removes the restriction on possession by those younger than 21.

There's been less discussion of the issue of edibles that might be especially alluring to children.

Colorado, which has legal marijuana, has a new restriction going into effect in 2017 that will bar edible pot products made into animal or fruit shapes.

A study last summer by the Cannabis Law & Policy Project at the University of Washington School of Law also found that color, shape and smell can be factors worth considering.

It found that children prefer foods that are red, orange, yellow or green. They also like novel shapes and odors that are sweet, fruity or candy-like, the study found.

It's not clear, though, what a new law might require. The study said children don't like the smell of fish, clove, coffee and garlic – but those aren't too likely to be desirable to many adults either.

Gideon said she wasn't surprised that voters endorsed marijuana legalization, though she has "real reservations" about the idea.

The Freeport Democrat said she's concerned about the drug's impact on young adults and their developing brains. She said she's also worried about public safety issues related to marijuana.

LePage said he is still trying to gather legal advice about his role.

Because marijuana remains illegal under federal law, he's not sure he should sign anything that helps legalize it in Maine. He said doing so might violate his oath of office, something he called "an impeachable offense."

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Full Article: Legislature May Restrict Marijuana Edibles When It Takes Up Referendum
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