An Act To Appropriate and Allocate Funds To Strengthen the State's Efforts To Investigate, Prosecute and Punish Persons Committing Drug Crimes
Maine Legislature, Session 126, LD 1811
Committee Amendment CA_B_S499 (Senate)
Amends: 4 MRSA §157

COMMITTEE AMENDMENT" €''' to S.P. 725, L.D. 1811, Bill, "An Act To 
Appropriate and Allocate Funds To Strengthen the State's Efforts To Investigate, 
Prosecute and Punish Persons Committing Drug Crimes" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Strengthen and Fund the State's Efforts To Investigate, Prosecute and 
Punish Persons Committing Drug Crimes Using Revenue from the Legalization and 
Taxation of Marijuana' 
Amend the bill by striking out all of section 1 and inserting the following: 
'PART A 
Sec. A-I. 4 MRSA §157, suh-§l, ~A, as amended by PL 2005, c. 519, Pt. III, §2, 
is further amended to read: 
A. 
The Governor, subject to review by the joint standing committee of the 
Legislature having jurisdiction over judiciary matters and to confirmation by the 
Legislature, shall appoint to the District Court J6 40 judges. At least one judge must 
be appointed from each district who is a resident of a county in which the district lies, 
except that in District 3 there must be 2 judges appointed who are residents of a 
county in which the district lies; in District 6 there must be 2 judges appointed who 
are residents of a county in which the district lies; and in District 9 there must be 2 
judges appointed who are residents of a county in which the district lies. Four judges 
must be appointed to the District Court and assigned in a manner that ensures 
geographic distribution and the ability of the court to address drug-related criminal 
matters expeditiously. Each District Court Judge has a term of office of 7 years. 
To be eligible for appointment as a District Judge, a person must be a member of the 
bar of the State. The term "District Judge" includes the Chief Judge and Deputy 
Chief Judge.' 
Amend the bill by inserting after section 3 the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "6" to S.P. 725, L.D. 1811 
'Sec. A-4. 
Contingent effective date. 
This Part takes effect only if voters 
approve the referendum in Part B and the State Treasurer notifies the Department of 
Administrative and Financial Services and the Revisor of Statutes that revenue from the 
sales tax on the sale of marijuana is sufficient to fully fund the provisions of this Part. 
PARTB 
Sec. B-1. Development of plan for personal use, taxation and regulation 
of marijuana. The Department of Administrative and Financial Services, Bureau of 
Alcoholic Beverages and Lottery Operations shall develop a plan, including, but not 
I imited to, proposed rules and legislation, to allow persons 21 years of age or older to 
engage in the personal use of marijuana, and to regulate and tax commercial marijuana-
related activities. The bureau shall provide the plan, proposed rules and any necessary 
implementing legislation to the joint standing committee of the Legislature having 
jurisdiction over criminal justice and public safety matters no later than January 31, 2015. 
The joint standing committee may report out legislation related to that report that includes 
dedicated new revenue for the enforcement and prosecution of drug crimes and for the 
treatment of substance abuse to the First Regular Session of the 127th Legislature. 
Sec. B-2. 
Referendum procedure; submission at election; form of 
question; effective date. This Part must be submitted to the legal voters of the State at 
a statewide election held in the month of November foIlowing passage of this Act. The 
municipal officers of this State shall notify the inhabitants of their respective cities, towns 
I 
and plantations to meet, in the manner prescribed by law for holding a statewide election, 
to vote on the acceptance or rejection of this Part by voting on the following question: 
"Do you favor allowing adults 21 years of age and older to engage in the 
personal use of marijuana, regulating commercial marijuana-related 
activities and imposing a tax on the sale of marijuana and favor requiring 
the Department of Administrative and Financial Services, Bureau of 
Alcoholic Beverages and Lottery Operations to develop a plan to permit 
this use and to implement regulation and taxation of marijuana?" 
The legal voters of each city, town and plantation shall vote by ballot on this question 
and designate their choice by a cross or check mark placed within a corresponding square 
below the word "Yes" or "No." 
The ballots must be received, sorted, counted and 
declared in open ward, town and plantation meetings and returns made to the Secretary of 
State in the same manner as votes for members of the Legislature. The Governor shall 
review the returns. If a majority of the legal votes are cast in favor of this Part, the 
Governor shaIl proclaim the result without delay and this Part becomes effective 30 days 
after the date of the proclamation. 
The Secretary of State shall prepare and furnish to each city, town and plantation all 
ballots, returns and copies of this Part necessary to carry out the purposes of this 
referendum.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" g" to S.P. 725, L.D. 1811 
SUMMARY 
This amendment is a minority report of the committee and provides that 4 new judge 
positions are appointed to the District Court and assigned in a manner that ensures 
geographic distribution and the ability of the court to address drug-related criminal 
matters expeditiously. 
This amendment requires the Department of Administrative and Financial Services, 
Bureau of Alcoholic Beverages and Lottery Operations to develop a plan that includes 
proposed rules and any legislation needed to implement the personal use, taxation and 
regulation of marijuana. The bureau is required to report its plan to the joint standing 
committee of the Legislature having jurisdiction over criminal justice and public safety 
matters by January 31, 2015 and authorizes the joint standing committee to report out 
legislation, which includes enforcement and prosecution of drug crimes and the treatment 
of substance abuse, to the First Regular Session of the l27th Legislature. 
This amendment amends the bill by submitting the question of legalizing and taxing 
marijuana to voters in the State at a referendum and makes establishing the new positions 
related to the enforcement and prosecution of drug crimes contingent on the availability 
of sufficient funding received from tax revenues on the sale of marijuana. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 04/02114 
~aC':.. 
LD 1811 
LR 2762(04) 
An Act To Appropriate and Allocate Funds To Strengthen the State's Efforts To Investigate, 
Prosecute and Punish Persons Committing Drug Crimes 
Fiscal Note for Bill as Amended by Committee Amendment "6' ( 5 - t...f1CJ ) 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - General Fund 
Contingent current biennium cost increase - General Fund 
Contingent current biennium revenue increase - General Fund 
Referendum Costs 
Month/Year 
Election Type 
Question 
Length 
Nov-14 
General 
Referendum 
Standard 
The Secretary of State's budget includes sufficient funds to accommodate one ballot of average length for the general 
election in November. If the number or size of the referendum questions requires production and delivery of a second 
ballot, an additional appropriation of$107,250 may be required. 
Fiscal Detail and Notes 
This bill includes a referendum to be included on the November ballot regarding legalizing and taxing marijuana. If 
approved by voters, and if the subsequent sales tax revenue is sufficient, that revenue would be dedicated to the 
enforcement and prosecution of drug crimes and to substance abuse treatment. 
Additional costs to the Department of Administrative and Financial Services associated with developing the plan and 
reporting the results can be absorbed within existing budgeted resources. 
If approved by the voters, legalizing and taxing the sale of marijuana would increase General Fund and Municipal 
Revenue Sharing revenue. The amount of increased revenue is undetermined at this time due to the lack of specifics 
provided in this bill. Maine Revenue Services would require a one-time General Fund appropriation to implement a 
new system for administering the taxation of marijuana. 
LR2762(04) - Fiscal Note - Page 1 of 1 
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