South Portland voters to decide whether to legalize marijuana on November ballot

Erin Mancini clutches petitions as marijuana advocates hold a press conference and turn in 1,521 signatures seeking a legalization referendum at City Hall in South Portland on July 14, 2014
Troy R. Bennett | BDN
Erin Mancini clutches petitions as marijuana advocates hold a press conference and turn in 1,521 signatures seeking a legalization referendum at City Hall in South Portland on July 14, 2014 Buy Photo
South Portland officials gather in Mill Creek Park on the afternoon of June 5, 2014, to voice their opposition to legalizing recreational marijuana use.
Shelby Carignan | The Forecaster
South Portland officials gather in Mill Creek Park on the afternoon of June 5, 2014, to voice their opposition to legalizing recreational marijuana use.
Green Party activist John Eder smokes a joint at the &quotYes on 1" headquarters in Portland after declaring victory in a referendum to legalize the recreational use of marijuana in the city on Nov. 5, 2013.
Troy R. Bennett | BDN
Green Party activist John Eder smokes a joint at the "Yes on 1" headquarters in Portland after declaring victory in a referendum to legalize the recreational use of marijuana in the city on Nov. 5, 2013. Buy Photo
Posted Aug. 06, 2014, at 1:35 p.m.

SOUTH PORTLAND, Maine — Despite their general opposition, city councilors Monday indicated they support allowing voters to decide whether the city should legalize marijuana.

The City Council unanimously moved forward a citizen-initiated measure that would legalize possession of up to 1 ounce of marijuana for recreational use by adults over age 21.

The proposed ordinance goes to a public hearing and final action Aug. 18.

Councilors, with Mayor Jerry Jalber absent, said they have few qualms with putting the decision in voters’ hands Nov. 4 and consider their own action procedural.

“The question is whether or not we abide by the wishes of 1,100 of our residents,” Councilor Tom Blake said, referring to the number of people who signed petitions in favor of legalization. “We really have no choice this evening.”

The City Council had the option to adopt the proposal, reject it or move it to a referendum.

Organized by the Marijuana Policy Project, the grassroots petition needed only 959 signatures to qualify for the ballot. In fewer than two months, canvassers gathered 1,521 signatures — 1,100 verified.

“We’re glad the City Council spoke officially that they’re going to put it on the November ballot, and we look forward to having public debate on this issue,” David Boyer, Maine’s political director for MPP, said after the vote Monday.

After recreational possession of 2⅕ ounces of marijuana was legalized for adults over age 21 in Portland last year, MPP launched an effort to create similar citizen initiatives in South Portland, Lewiston and York.

Opponents and supporters have noted the municipal efforts are more symbolic of public opinion as part of the greater effort toward state legalization, since state and federal laws against recreational pot render them mostly unenforceable.

But legalization measures on multiple ballots in November would provide a gauge of local attitudes and, if approved, could set the stage for a statewide initiative in 2016.

In early June, the City Council held a news conference announcing its opposition to legalizing recreational marijuana and unanimously passed a non-binding resolution declaring opposition.

Councilors and other city officials have said they oppose legal recreational marijuana use because it presents few benefits to the community and sets a negative example for children.

While two states have voted to legalize the drug, officials said they find the “normalization” of its use correlates to a worrisome increase in minors smoking pot. Citing surveys of South Portland students from 2009-13, Police Lt. Frank Clark said the number who said they recently used marijuana has increased 15 percent.

Scott Gagnon, state director for opposition group Smart Approaches to Marijuana, rejected the claim of many supporters who say the drug would be safer if sold legally in stores.

“Legalization creates more social access,” he told councilors.

Supporters believe marijuana is not as dangerous as alcohol, and punishing adults for possessing small amounts of the drug is a waste of time for police and the courts. Residents who spoke in favor of the petition called for a more realistic approach to drug policy.

“To say ‘We don’t need (marijuana) here’ suggests we don’t have it here now,” former City Councilor Rosemarie DeAngelis, the Democratic candidate in state House District 33, said in response to another resident’s comment.

In York, the Board of Selectmen recently refused to place a similar citizen-initiated question on legalization on the town ballot, on the grounds that it would preempt state and federal law.

Boyer said Monday his coalition is in the process of trying to override the York decision by gathering nearly 650 additional signatures. The deadline to qualify for the November ballot is Aug. 27.

He said he expects to submit more than 1,000 signatures in Lewiston by Friday.

Regardless of support or opposition, Blake said, MPP picked the city for a reason and said the council has a duty to let their voters decide.

“Like York and Lewiston, we’re progressive — we’re leaders in the state,” he said. “The backers of this initiative want the pulse of our community.”

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