After nearly three months of being suspended in legislative limbo, Maine’s recreational marijuana bill officially went into effect on Monday. People 21 and older can now possess up to two and a half ounces of cannabis; they can also grow up to six mature plants, and 12 immature plants. But after Governor Paul LePage signed a moratorium on Friday, retail sales of marijuana will be frozen until February 2018, giving lawmakers time to close any loopholes that appeared in the original legalization measure.

Because Question 1 passed by a slim margin–about 4,000 votes–in November, a group opposing legalization requested a recount in early December. A few weeks later, the recount effort was dropped. “We are satisfied that the count and the result are accurate,” legal counsel for the opposition group said at the time.

Now that the Election Day results have been confirmed, Maine joins California, Massachusetts, and Nevada in legalizing recreational marijuana in 2016. Four other states passed ballot measures that legalized medical marijuana. Roughly one quarter of Americans now live in a state that has legal marijuana measures, either medically or recreationally, in place.

LePage, an early opponent of legalization, was able to suspend retail pot sales until early next year, but he did not succeed in adding two last-minute provisions to the moratorium bill, called “an Act To Delay the Implementation of Certain Portions of the Marijuana Legalization Act.” He requested $1.6 million to hire new staff, and to cover other implementation costs. Lawmakers in the House shot down that provision. 

LePage also wanted to transfer oversight of Question 1 from the Maine Department of Agriculture to the Bureau of Alcoholic Beverages and Lottery Operations. That provision was also shot down, but LePage signed an executive order to ensure that delegation change happens.

“However, no rules will be promulgated until the Legislature allocates money to fund the rule making process,” LePage said on Friday “I sign this bill today to protect Maine children from the dangers of marijuana.” The governor also heavily criticized Speaker of the House Sarah Gideon, a Democrat, for nixing his proposed additions to the moratorium. He said Gideon was guilty of “playing dirty politics.” 

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Officials in Maine on Monday morning began a recount of ballots from Election Day. Because the state’s recreational marijuana legalization measure, Question 1, passed by a narrow margin (about 4,000 votes), officials wanted to confirm the results of a measure that would have wide-ranging effects in the Pine Tree State. If the results are confirmed, Maine would join three other states–California, Massachusetts, and Nevada–that passed recreational legalization measures on November 8.

The Maine secretary of state’s office has signaled that the recount could take up to a month. The recount–which is taking place in the state capital of Augusta–could cost at least $500,000. State police will be transferring ballots, locked away in password-protected boxes, from 503 towns across the state.

Question 1 would allow Maine residents who are at least 21 years old to possess up to 2.5 ounces of marijuana. Home cultivation would be limited to up to six plants. If the measure passes, state officials would have nine months to construct a regulatory framework.

Governor Paul LePage, in a video released before the vote, said marijuana “can be deadly.” Likening it to heroin, he said, “we do not need to legalize a drug that could lead to more deaths.” LePage, a staunch opponent of the measure, added: “Before you vote, please educate yourself on this dangerous issue.”

The measure was passed by a slim margin, with 381,692 voters supporting Question 1, and 377,619 opposing it. LePage, a Republican, supports the recount, and has said that he would implore President-elect Donald Trump to enforce the federal ban on marijuana. If Trump did respect states’ wishes, however, LePage said he would respect that decision as well.

Election Day was a sizable victory for marijuana advocates, as eight states (nine if the Maine results are confirmed) passed marijuana measures in some form, though marijuana remains illegal at the federal level. Maine residents will have to wait at least a few more weeks to see if their state joins the growing list of states that have legalized the drug since 2012. Maine legalized medical marijuana in 2009.

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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