Hearings were held in Maine yesterday on bills to reduce the penalties for adult marijuana possession. State Representative Diane Russell (D-Portland) is co-sponsoring the reduction but she made waves when she announced her plans to go further: Russell will introduce a bill in April that will fully legalize, tax and regulate marijuana.
This bill is unique because it handles every aspect of cannabis legalization. Along with a system to grow and sell marijuana to adults 21 and over it also includes provisions for adults to cultivate their own marijuana at home. But the strongest innovations are provisions for existing medical cannabis caregivers and for the large scale farming of industrial hemp.
Diane Russell took time today to speak with Editor Chris Goldstein. This is part one of our interview.
Tell us about the legislation that you are working on right now
There are actually a few that are in the works. We had hearings yesterday on a couple of bills that Rep. Ben Chipman a colleague of mine in Portland that would further decriminalize marijuana. The fines right now are around $1,000 and these would further reduce the fines to around $250. I am a co-sponsor of those two bills, but the bill that I am most passionate about actually legalizes marijuana, regulates it and taxes it. On that bill I am the primary sponsor. We are still finalizing it, but it should be out in the next two weeks.
What does the legalization bill do?
Essentially what it does is to provide a mechanism to bring the underground market onto the regular market and to begin actually having some oversight. One of things that most concerns me is that marijuana seems to be much easier to access for young children and teenagers than say alcohol or tobacco. And that’s because we’re sort of turning a blind eye to this market and not recognizing that it exists.
That said; I want to make sure that we are not unnecessarily turning otherwise law abiding citizens into criminals. I mean if you are an adult and you are not harming anyone by driving why is it a crime to be smoking marijuana or, as some people do, consume it though baked goods? So this will take away any criminal aspect of marijuana.
We would tax it at 7% sales tax rate which is important because our sales tax rate for food and alcohol at restaurants is 7%. So what this does is move marijuana into a tax structure that isn’t different from everything else. The IRS and the DEA are not going to be able to say , “Oh your goods are taxed at 6.5% and there’s only one thing taxed at that rate under state law, so we know you are selling marijuana.”
We have seen the IRS begin actions against medical marijuana providers in California and Oregon. So these bills look ahead to try and protect small businesses operating legally under Maine state law.
Absolutely. But I did it actually for different reason – I like things to be as simple as possible. Other places that look at taxing it go by volume and it gets really complicated. Why can’t we just have a clean tax rate? But then I heard some folks who were concerned about having a separate tax structure for their product too.
What are some of the details about how the bill regulates marijuana?
The other piece to it is that you must be 21 years old to purchase and possess marijuana. It also allows a person to cultivate and store marijuana for personal use within 75 square feet of space and purchase seedlings from someone licensed to sell the products.
So individuals would be able to grow and store their own marijuana. Under our medical marijuana law caregivers and patients can grow up to six plants, but there is no provision if a plant produces a lot all at once there are no provisions for storing it. So we decided to go with square footage instead to trying to quantify per se exactly how much you are supposed to have at one point. It’s sort of like growing tomatoes – they go into harvest all at one time …same idea, you can’t really play with Mother Nature that much!
There is a commercial aspect. We call them growers …I don’t like that term because someone who does grow tomatoes is not a “grower” they’re a “farmer.” So I use the term farmers…So farmers could purchase one of 300 licenses – current caregivers under the medical law would be grandfathered in – and then they could have up to 2,000 square feet to raise the plants and then store the product.
There are some strict provisions in there – when you look at what happened to Prop 19 in California there were concerns about school safety and workplace safety along with concerns about different municipalities having different systems. And we addressed a lot of those. We made sure that we addressed those issues in the bill we’re putting together and that it is very clear.
We did our best to protect our children and that’s one of the reasons I want this happen, I want to get it out of the hands of children. But I do believe that if you are an adult you have the right and responsibility that goes with that right to be able to consume things in your own home.
The other reason I did this is that, like many states, we have a major budget crisis and we have to really cut back on services that help vulnerable communities. So I want to make sure we have revenue coming that was not a new tax per se.
So this would provide new revenues but also help with community policing. We have a huge problem with cocaine in Maine, I’m not sure of people realize that. We have huge problems with opiates and prescription drugs. So let’s make sure we are channeling resources into the things that are truly dangers and marijuana is not one of those concerns. So some of that revenue would go to community policing, housing weatherizing projects also to education and some to farming and getting capital investments into farms.
So being able to raise revenue and channel them towards programs and initiatives that really help build a sustainable economy is something that is very important to me. We need to be smart about how to allocate the revenue from this, it will be critical.
The final part of the bill is that we included a provision for growing industrial hemp so that we could start allowing those farmers whose land has gone fallow to plant this in order to rejuvenates nutrients. They could raise hemp on that land because it doesn’t have the same impact as fruits and vegetables.
So the revenue will be coming from two areas with this bill, increasing the positive financial impact…
Well that’s what I’m looking for to be honest Chris is the economic impact of this. As a state lawmaker I have a fiduciary responsibility to my state. I really feel strongly that we need to build a long-term sustainable economy. I’m part of a younger generation I’m 34 and my dad always said in his thick Maine accent, “Jeez Diane we should just legalize it and tax the hell out of it.” And so I’m sort of doing this in honor of my Dad. He’s right. Why are we letting this market go to waste? We’re one of the states where marijuana is already the top cash crop… this is so basic.
More info:
Maine’s decriminalization bill
Visit freedomisgreen.com this weekend for the second part of this interview.
Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. He volunteers with local groups to change prohibition laws including PhillyNORML and The Coalition for Medical Marijuana New Jersey. He enjoys old-school hip-hop, vintage airplanes and changing the world. Contact chris { at } freedomisgreen.com