Pubdate: Fri, 06 Dec 2013
Source: Portland Daily Sun (ME)
Copyright: 2013 The Portland Daily Sun
Contact:  http://portlanddailysun.me/
Details: http://www.mapinc.org/media/5257
Author: Craig Lyons

CITY OFFICIALS SAY DISCRETION WILL PLAY MAJOR ROLE IN MARIJUANA ENFORCEMENT

Discretion.

That's what city officials say is the key component of how Portland's
new marijuana ordinance will be enforced in light of state and federal
laws still being in play.

The Portland Green Independent Committee hosted a forum on the city's
new legalization ordinance on Thursday, as the new city law will take
effect today (Friday). Tom MacMillan, chairman of the Portland Green
Independent Committee, said the forum was designed to educate the
public about the ordinance and how it will be enforced by the Portland
Police Department.

"It's really important that everyone understands the nuances of it,"
said City Councilor David Marshall.

Portland voters approved a citizens referendum that legalized the
recreational use of marijuana in city limits by a vote of 9,921 to
4,823 vote.

The ordinance will allow adults, who are at least 21 years old, to
possess up to 2.5 ounces of marijuana and requisite paraphernalia for
recreational use. While people can use marijuana on their personal
property, the language bars them from using it on any public
infrastructure, including sidewalks, parks and roadways, but landlords
and building owners can opt to bar smoking on their property.

Police Chief Michael Sauschuck said officers use broad discretion when
handling incidents of marijuana possession, and he sees the passage of
the ordinance as the voters' desire to see the department keep
marijuana enforcement as a low priority. "I will make the argument
that I think the ordinance is reinforcing what the Portland Police
Department is doing right now," Sauschuck said.

Officers will continue to enforce state and federal laws regarding
marijuana, Sauschuck said, and a local ordinance cannot preempt state
and federal law.

Sauschuck said 1 percent - or 119 - of all the citations issued during
the last two years were for marijuana possession. He said civil
marijuana citations represent 22 percent of the drugs violations that
officers handled between July 2011 and June 2013.

Of the citations that were issued, Sauschuck said 84 of those
incidents would not be affected by the ordinance and were related to
secondary offense, people being under the age of 21, possessing the
substance in a vehicle, school zone or at the jetport.

Of those citations, Sauschuck said three were issued to someone
possessing marijuana on private property and those cases were related
to incidents where someone violated bail conditions, which prohibit
the possession and use of drugs or alcohol.

The possession of 2.5 ounces of marijuana was decriminalized in Maine
several years ago, according to the chief, and results in nothing more
than a summons, a court date and a possible monetary fine.

"There are real consequences that come with a civil violation," said
Grainne Dunne, a justice organizer with the American Civil Liberties
of Maine. She said if someone is issued a civil violation for
marijuana possession, it will show up as a federal drug charge on
their criminal record and can result in the denial of student
financial aid or public housing.

Marshall said a federal background check will show that a person was
charged with possession of a schedule 1 drug, which is a category that
includes heroin and cocaine, and that can have an effect on attaining
any kind of housing, a job or any federally issued license.

Marshall said while the level of enforcement done in light of the new
ordinance is both "bureaucratic" and "political," if people follow the
laws, they have low odds of being cited. He said if people are smoking
out in public, they will likely be cited based on the language in the
new ordinance, and should be cognizant of the ramifications of their
decision.

"It is clear the officers are using their discretion," Marshall said,
but enforcement should be consistent with the will of the voters and
that was not keeping marijuana use a low priority but to legalize it.
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