Pubdate: Wed, 04 Dec 2013
Source: Morning Sentinel (Waterville, ME)
Copyright: 2013 MaineToday Media, Inc.
Contact: http://drugsense.org/url/tLMIEnz1
Website: http://www.onlinesentinel.com/
Details: http://www.mapinc.org/media/1474
Author: Randy Billings

PORTLAND'S POT ORDINANCE TAKES EFFECT FRIDAY

The new city law legalizes possession of up to 2.5 ounces of 
marijuana for adults 21 and older, but Police Chief Michael Sauschuck 
has said police will continue enforcing the state law, since it 
supersedes local ordinances.

Portland's new ordinance declaring marijuana possession by adults to 
be legal within city limits takes effect on Friday, and city 
officials are trying to prevent the type of celebration that took 
place on election night.

Several proponents celebrated the lopsided passage of the ordinance 
by smoking a foot-long joint outside a downtown bar.

"We certainly hope people respect the ordinance," said City Councilor 
David Marshall, a member of the Portland Green Independent Committee, 
which spearheaded the legalization effort. "The ordinance clearly 
says you can't do it in public."

At 6:30 p.m. on Thursday evening, the Portland Greens will hold an 
informal panel discussion in the State of Maine room at City Hall to 
clear the air about what the ordinance says and how it interacts with 
state and federal laws, which prohibit possession of marijuana for 
recreational purposes.

Invited panelists include Marshall, Mayor Michael Brennan, City 
Manager Mark Rees, the American Civil Liberties Union and attorney 
Murrough O'Brien, according to a press release.

The public is invited to ask questions about how the ordinance will be enacted.

On Nov. 5, 67 percent of Portland voters supported legalizing 
possession of up to 2.5 ounces of marijuana for adults age 21 and 
older. The ordinance allows adults to possess marijuana in public, 
but prohibits people from using it in public. It is still illegal 
under city ordinance to buy or sell marijuana and landlords can still 
prohibit smoking marijuana in their apartments.

Marijuana is illegal under federal law. Medicinal marijuana is 
allowed under state law and Maine is one of 16 states that have 
decriminalized possession of certain amounts of marijuana. That means 
someone caught possessing less than 2.5 ounces is subject to a civil 
summons and fine, unless it is packaged for sale or being furnished, 
in which case it becomes a criminal offense.

Police Chief Michael Sauschuck has said police will continue 
enforcing the state law, since it supersedes local ordinances.

The marijuana cases represent a small fraction of the more than 
85,000 calls for service a year to the Portland Police Department.

 From July 2012 to July 2013, police issued 54 summonses for 
marijuana possession. During the previous year, 68 summonses were issued.

Since July, 20 marijuana-related citations have been issued. Nearly 
half -- four citations for marijuana possession and four for 
possession of paraphernalia -- have been issued since the ordinance 
was passed in November.

Marshall said he'd like to see the department follow the example 
being set in Jackson, Mich., which also legalized marijuana in 
November. There, law enforcement officials have said they will 
respect the ordinance and not punish people for possessing marijuana 
on private property.

Marshall said police should only enforce state law when someone is 
not in compliance with the city ordinance.

"We still think there is a middle ground to make sure the state law 
is upheld while respecting the ordinance," he said.

Marshall described the election night celebration as "unfortunate" 
and noted it was quickly ended by the campaign and staff at Brian 
Boru, where the election party was held.

City Manager Mark Rees was not available to talk about the city's 
enforcement plan.
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MAP posted-by: Jay Bergstrom