Thomas Reagan. Law Enforcement Liaison Maine Bureau of Highway Safety Retired DRE

Transcription

1 Thomas Reagan Law Enforcement Liaison Maine Bureau of Highway Safety Retired DRE

2 Maine Marijuana (cannabis) was prohibited in ounces decriminalized in 1976 (civil) Medical Marijuana law was passed in 1999 Patients can grow their own plants Portland (2013) and South Portland (2014) decriminalized the possession and recreational use of marijuana.

3 2016 DRE Evals THC January % February % March % April % May % June % July % August % September % October % November % December %

4 November 8, 2016 Ballot Question Do you want to allow the possession and use of marijuana under state law by persons who are at least 21 years of age, and allow the cultivation, manufacture, distribution, testing, and sale of marijuana and marijuana products subject to state regulation, taxation and local ordinance? Green Voted Yes

5 Jan May 1, evals CNS Depressants 87 CNS Stimulants 87 Narcotic Analgesics 80 Cannabis 58 64% Hallucinogen 4 Dissociative Anesthetic 3 Inhalant 0 Drugs 319

6 A person 21 years of age or older may: Use, possess or transport up to: 1. 2 ½ ounces of marijuana (71 grams) 2. Or a combination of marijuana and marijuana concentrate which may include no more than 5 grams of marijuana concentrate Transfer or furnish, without remuneration.

7 A person 21 years of age or older may consume marijuana or concentrate only if that person is: 1. In a private residence, including curtilage; or 2. On private property, not generally accessible to the public; with explicit permission from the property owner Except day care facilities or in a workplace designated smoking areas as provided under the Workplace Smoking Act of The operator of a vehicle on a public way or a passenger in a vehicle may not consume marijuana or marijuana concentrate.

8 Possess, grow, cultivate process or transport up to 6 flowering plants, 12 immature plants, and unlimited seedlings, and possess all the marijuana produced by the plants at the adult s residence.

9 Marijuana possession by a person under 21 years of age: Except for medical marijuana, a person under 21 years of age may not possess marijuana.

10 Illegal transportation of drugs by a minor: 1. Minor may not transport drugs. Unless possession of the drug is expressly authorized by this Title or Title 32, (medical): 2. Knowingly transport or knowingly permit to be transported a drug in a motor vehicle under the minor s control.

11 Until February 1, 2018, a person may not possess edible retail marijuana products. This subsection does not apply to marijuana products purchased for medical use under Title 22.

12 Marijuana Legalization Act (MLA) Highway Safety Subcommittee On The Marijuana Legalization Act Department of Public Safety Recreational Marijuana Committee

13 The HSSC recommends 1. No changes to the current OUI Law A person commits OUI if that person: A. Operates a motor vehicle: (1) While under the influence of intoxicants; or (2) While having an alcohol level of 0.08 grams

14 The HSSC recommends 1. No changes to the current OUI Law 2. We are against implementing a criminal law that regulates the per se limit on the amount of THC a motorist may have in whole blood at the time of operating 3. We suggest administrative sanctions, based on THC levels in whole blood, may be appropriate for certain violations.

15 The HSSC recommends Marijuana open container law be enacted All transported marijuana should be in a sealed container with identifying information on the container Implementing a traffic infraction against the consumption of marijuana in any form while operating a motor vehicle within the State.

16 The HSSC recommends Social Clubs (pending) Liquor laws should be amended to apply to marijuana in addition to liquor, with certain carefully crafted exceptions The MLA should be amended to strengthen the requirements for proper identification upon entering and sales at any marijuana retail establishment.

17 The HSSC recommends Social Clubs (pending) Amended the MLA so that marijuana retail establishments can be held accountable to selling product to a minor with a false identification.

18 The HSSC recommends Social Clubs (pending) Marijuana sellers and servers should be required to undergo State approved training for identification issues and to prevent over serving or the selling of product to visibly intoxicated or impaired customers The State may have an obligation under current laws to provide such a course.

19 The HSSC recommends Medical Marijuana State should take this opportunity for the strengthening and clarification of the laws that govern medical marijuana and impaired driving The State should enact appropriate enforcement provisions for any violation of the medical marijuana laws Medical marijuana law training should be made available to law enforcement.

20 The HSSC recommends Driver s Licensing A zero tolerance provision for THC in whole blood be enacted for juvenile provisional licenses with exceptions for medical marijuana users The MLA s definition of marijuana be added to the list of prohibited drugs in MRSA (1) A: Illegal Transportation of Drugs by a Minor.

21 The HSSC recommends State Toxicologist Resources The DHHS Health and Environmental Testing Lab must have the ability to test blood for drugs as evidence in impaired driving cases The lab must also be able to routinely provide prosecutors statewide with toxicological expert testimony (similar to what they now provide with alcohol).

22 The HSSC recommends the State focus increased resources for: 1. Public education about the potential dangers of marijuana use and driving 2. Law enforcement training in the investigation of drug impaired driving Drug Recognition Experts (DRE) Advanced Roadside Impaired Driving Enforcement (ARIDE) 3. Prosecutorial training and education regarding the successful prosecution of OUI drug cases.

23 The HSSC recommends the State focus increased resources for: 4. Increased judicial training and education Dangers of marijuana impaired driving Science behind marijuana impairment Marijuana impairment detection 5. Increased resources for chemical testing in OUI drug cases More and better phlebotomy services Explore the possibilities of oral fluid testing.

24 Among the changes made Wednesday Sept 26 th : 1. Drive up sales, internet sales and home delivery were eliminated 2. The residency requirement for recreational license applicants was increased from 6 months to 2 years 3. Those who hold both medical marijuana and adultuse licenses will be allowed to commingle grows and production lines in shared space 4. Dispensaries will not be allowed to convert from taxpaying nonprofits to for profit status, which they said would help them compete and raise money.

25 Among the changes made Wednesday: 1. Municipalities were given the authority to expand the 12 plant per property limit for adults to 18 plants 2. Municipalities will be allowed to cut 1,000 foot buffer between recreational marijuana businesses and schools to 500 feet 3. Taxation Late October emergency special session.

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