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Maine Voters Could Face Two Marijuana Legalization Initiatives on 2016 Ballot

AUGUSTA, Maine - The group that launched successful efforts to legalize recreational marijuana in Colorado and Alaska is officially taking steps to do the same in Maine. Today supporters of the Marijuana Policy Project submitted a draft initiative that they hope to qualify for the 2016 statewide ballot.

This is the second citizens' initiative to propose legalizing pot next year. Both measures have some similarities and some big differences. Both plans would legalize recreational marijuana for adults 21 and over and also allow adults to grow small amounts for personal use. Both also call for a tax.

But there are some fundamental differences. Legalize Maine, which bills itself as the homegrown initiative, would allow for possession of up to 2.5 ounces. The Washington, D.C.-based Marijuana Policy Project's measure would allow for possession of just 1 ounce.  

"Ours is consistent with all the other states that have legalized marijuana so far and we think that makes sense," says David Boyer, the group's political director. "One ounce is plenty of marijuana for an adult user."

There's also a difference in the tax structure. "Ours is taxed a little bit higher," Boyer says. It's 10 percent tax on top of the existing sales tax, so it would be around 15 percent now. And it brings in revenue for the state because that's what voters want, and it's important. But we don't want the tax so high that the black market thrives, because that's what we're trying to get rid of."

Boyer says a 15 percent tax is higher than the 10 percent that Legalize Maine would establish, and lower than what the state of Colorado imposes. He expects it will still generate millions of dollars for the state, enough that the first $30 million would be dedicated to schools and school construction and the rest to the state's general fund.

Another difference between the two groups' initiatives, Boyer says, is how they view marijuana. "They want to treat marijuana like an agricultural product and we treat it something comparable to alcohol.  Because we think the majority of Mainers see marijuana as an intoxicating substance and not a food substance, like honey or milk or tomatoes, and so voters want it regulated in that way."

Boyer says that's also the route voters in Colorado, Washington and Alaska have chosen. Under his group's initiative, cultivation and retail sales of recreational marijuana would be regulated by the Bureau of Alcoholic Beverages and Lottery Operations.

The plan calls for a limit of 70 retail stores in the first 18 months. After that, the number of stores could grow. But Boyer says cities and towns could have a say in whether they want to allow on-site consumption or not. And he says preferences for licenses would be given to current caregivers and dispensaries because of their experience in the industry.

"This is what we've expected. This is just another big business bill that seems to be modeled on some sort of out-of-state liquor industry model," says Paul T. McCarrier, of Legalize Maine. McCarrier says his initiative contains more legislative oversight than MPP's does.

But neither measure would address the concerns of Scott Gagnon, of the group Smart Approaches to Marijuana. He's worried about kids getting access to pot. He says some surveys show that's what's happened in Colorado. And, what's especially troubling, says Gagnon, is the age of some of the kids involved.

"They've had a huge increase in zero- to five-year-olds who are being exposed to marijuana," Gagnon says. "Mostly it's through ingesting the edible products. And I think the percentage is something like a 300 percent increase."

If authorized by the Secretary of State's Office, both campaigns to legalize marijuana will need to raise more than 61,000 signatures to qualify for the 2016 ballot. If both reach that threshold it could also mean a potentially confusing scenario for Maine voters, although David Boyer of the Marijuana Policy Project says they will have the option of voting for both.

Lawmakers will also consider a bill this session to legalize marijuana outright.