CURRENT MAINE LAW
Possession of up to 2.5 ounces of marijuana is a civil, not a criminal, offense. Offenders are issued a civil citation for possessing up to 1.25 ounces of marijuana, which carries fines of $350 to $600. Possession of 1.25 ounces to 2.5 ounces is a civil violation carrying fines of $700 to $1,000.
Criminal charges may be brought if that marijuana is packaged for sale or furnished to another person. Police Chief Michael Sauschuck put it this way: If you smoke a joint, it’s a civil violation; if you pass it to the person next to you, it’s a criminal violation for furnishing; and if that person pays for the joint, it’s a criminal charge for selling marijuana.
PORTLAND’S NEW ORDINANCE
The ordinance legalizes possession of up to 2.5 ounces of marijuana by adults age 21 and older within city limits.
It does not legalize the sale or purchase of marijuana, but allows anyone 21 or older to “engage in activities for the purposes of ascertaining the possession of marijuana and paraphernalia.”
It prohibits recreational use of marijuana in public spaces, on school grounds or on transportation infrastructure, and lets landlords prohibit tenants from using marijuana on their property.
THE IMPACT
Marijuana remains illegal under federal law and state law.
Portland Police Chief Michael Sauschuck says the ordinance won’t affect how police enforce state marijuana laws.
Supporters see passage as a step toward legalization at the state and then national levels.
The ordinance requires the mayor to report on police enforcement of marijuana laws to the City Council on an annual basis.
It also stakes out Portland’s position in support of regulating and taxing marijuana like alcohol.
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