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On Nov. 3, Mainers will vote whether to increase patients’ access to medical marijuana and authorize the state to create a system of distribution for the drug.
The citizen initiative was introduced by Jonathan Leavitt, coordinator for the Maine Citizens for Patients’ Rights. If Question 5 passes, it would mean marijuana identification cards for patients and the caregivers who prescribe it, a larger group of medical conditions covered by marijuana treatment and the establishment of nonprofit dispensaries certified by the Department of Health and Human Services. Maine Citizens for Patients’ Rights have been working for the last two years to raise support and awareness.
Question 5 reads: “Do you want to change the medical marijuana laws to allow treatment of more medical conditions and to create a regulated system of distributions?”
According to Leavitt, the goal of the new legislation is “to provide legal access for qualified patients who couldn’t access their medicine through the 1999 Maine Medical Marijuana Act.”
Medical marijuana is currently legal in Maine, but patients have virtually no access to it, according to Maine Secretary of State Matthew Dunlap. Ten years ago, Maine voters approved legislation to allow qualifying patients to grow up to six marijuana plants for medical reasons, after approval from a physician. According to Leavitt, this ruling is unrealistic.
“How many chemotherapy patients have time to cultivate pot plants, especially in Maine, while dealing with all of their medical debilitations?” Leavitt said.
Marijuana, as a medicinal and a recreational drug, is illegal at the federal level. Leavitt said there would be no federal ramifications for passing the initiative.
“There would be no penalties for two reasons: One being the Supreme Court will not hear lower court cases dealing with medical marijuana, meaning it is left entirely to state ruling. Two, Attorney General Eric Holder now only considers prosecution when both federal and state law is violated,” Leavitt said.
This new legal environment allows more freedom for states to determine what is right and wrong individually, without worrying about stepping on federal toes.
Lauri Sidelko, Director of Alcohol and Drug Education programs at the University of Maine, said there has been some organized support on campus in support of Question 5.
“A person who calls himself the ‘minister of marijuana’ has been here on many occasions to advocate full legalization, and Wendy Chapkis, in partnership with the Women’s Resource Center and author of ‘Dying to Get High: Marijuana as Medicine’ gave a speech last year to push her book and its message,” Sidelko said.
As far as opposition goes, Sidelko said there are always those against legalizing an illegal substance, including faculty and staff at the university. Sidelko said the program is committed to sponsoring both sides of the argument. Its goal is to educate the student populace.
On a state level, Leavitt said there isn’t much organized support against The Act to Establish the Maine Medical Marijuana Act. Dunlap said he doesn’t know of any opposition. Leavitt is confident Question 5 will pass. In the two years since his work began, people all over the state have contacted him and enlisted in the cause, Leavitt said. Last spring, UMaine had visitors outside the union seeking the 80,000 signatures required to get the referendum on the ballot. Some have held signs or called friends to get the word out.
“It is truly a citizen-sponsored movement,” Leavitt said.
“The fact is it’s the No. 1 cash crop in Maine. Having dispensaries for patients won’t make it any easier than it already is to find pot on the black market. This isn’t about legalizing marijuana; it’s about giving patients the resources and medicine they need,” Leavitt said.
When asked if the Cutler Health Center would ever carry marijuana for student medical use, the answer was no. Cutler no longer has its own pharmacy, nor would the diseases included under the bill — excluding cancer — likely pertain to a student population.
Unlike most high-profile questions on the Maine ballot, Question 5 is the only ballot initiative with one-sided fundraising, according to the Maine Commission on Governmental Ethics and Election Practices. Maine is one of 13 states to allow the medical use of marijuana, and if Question 5 passes, Maine would be the fifth state to establish dispensaries.
“We are in the midst of an effective campaign and anticipate we’ll have the resources we need to win,” Leavitt said.
