Advocates drop bid for marijuana legalization vote in York

The Marijuana Policy Project says it will not appeal a judge’s decision supporting the town’s refusal to put the issue to a townwide vote.

The Marijuana Policy Project has decided not to appeal a Superior Court decision that would have required York selectmen to put a recreational marijuana legalization question on the ballot.

York County Superior Court Justice Paul Fritzsche last month sided with town leaders who twice rejected citizen petitions calling for them to send a proposed marijuana legalization ordinance to voters in November. The judge ruled that legalization advocates, led by the Marijuana Policy Project, were asking the town of York to approve something it cannot regulate because marijuana use is governed by state and federal law, not local ordinances.

Unlike in some other communities, York’s town charter had a clause allowing the Board of Selectmen to reject a petition that is “not lawful.”

The decision meant only two Maine communities – Lewiston and South Portland – will vote on similar proposals in November, part of a strategy by advocates to gauge public sentiment in anticipation of a potential statewide vote in 2016. In those communities, councilors were bound to either adopt the ordinance or put it to voters.

Friday was a deadline to appeal the decision regarding York’s referendum. An appeal would have kept open the possibility of a referendum there in the future. The Marijuana Policy Project withdrew its case this week.

Boyer characterized the situation in York as a “speed bump” that will not deter supporters from seeking to end marijuana prohibition in Maine.

“We’re confident an appeal would be successful, but at this point we cannot afford to continue playing this game with the selectmen,” said David Boyer, Maine political director for the Marijuana Policy Project “We know there is support for ending marijuana prohibition in York, and we’re going to focus our resources on giving them a chance to vote on it in 2016 with a statewide ballot initiative.”

Citizens for a Safer Maine, with support from the Marijuana Policy Project, in July submitted more than 200 signatures of registered York voters to selectmen. After the board voted 3-2 against putting it on the ballot, the group collected an additional 641 to bring the measure before the board a second time with the same outcome.

“It’s unfortunate that three out of the five selectmen have needlessly and very likely illegally prevented their constituents from voting on this measure,” Boyer said. “It’s a disservice to the voters who elected them, and they’ll have to live with that.”

Unlike in South Portland and Lewiston, the York town charter requires selectmen to schedule referendums only on proposed ordinances that are “lawful.” The southern coastal town of about 12,500 residents is the first Maine community to refuse to send the legalization question to voters.

Stephen Burns, interim York town manager, said the case “represents an important step for the selectmen in upholding the town charter.”

“They saw an ordinance they didn’t think was legal and the court validated that decision,” he said. “I think the direction for the petitioners it to go to Augusta, where I think they should have gone to begin with.”

Gillian Graham can be contacted at 791-6315 or at:

ggraham@pressherald.com

Twitter: grahamgillian

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Advocates drop bid for marijuana legalization vote in York