An Act To Prohibit a Municipality from Holding a Referendum To Legalize the Recreational Use of Marijuana
Maine Legislature, Session 127, LD 0167
Committee: State and Local Government
Sponsors: CAMPBELL, COLLINS, HOGAN, KINNEY, MASTRACCIO, SAUCIER, SHORT, CUSHING, VOLK, WOODSOME
Amends: 30-A MRSA §2522, 30-A MRSA §2528

Legislative Document 
No. 167 
H.P. 125 
House of Representatives, January 27, 2015 
An Act To Prohibit a Municipality from Holding a Referendum To 
Legalize the Recreational Use of Marijuana 
Reference to the Committee on State and Local Government suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative CAMPBELL of Newfield. 
Cosponsored by Senator COLLINS of York and 
Representatives: HOGAN of Old Orchard Beach, KINNEY of Limington, MASTRACCIO of 
Sanford, SAUCIER of Presque Isle, SHORT of Pittsfield, Senators: CUSHING of Penobscot, 
VOLK of Cumberland, WOODSOME of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA §2522, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, 
§106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is further 
amended to read: 
§2522.  Petition for article in warrant 
On the written petition of a number of voters equal to at least 10% of the number of 
votes cast in the town at the last gubernatorial election, but in no case less than 10, the 
municipal officers shall either insert a particular article in the next warrant issued or shall 
within 60 days call a special town meeting for its consideration.  A petition that seeks to 
legalize the recreational use of marijuana within a municipality may not be approved for 
inclusion in the warrant or considered at a town meeting. 
Sec. 2.  30-A MRSA §2528, sub-§5, as amended by PL 2003, c. 569, §2, is 
further amended to read: 
5.  Referendum questions.  By order of the municipal officers or on the written 
petition of a number of voters equal to at least 10% of the number of votes cast in the 
town at the last gubernatorial election, but in no case less than 10, the municipal officers 
shall have a particular article placed on the next ballot printed or shall call a special town 
meeting for its consideration.  A petition or order under this subsection is subject to the 
filing provisions governing nomination papers under subsection 4. 
The municipal officers shall hold a public hearing on the subject of the article at least 10 
days before the day for voting on the article.  At least 7 days before the date set for the 
hearing, the municipal officers shall give notice of the public hearing by having a copy of 
the proposed article, together with the time and place of hearing, posted in the same 
manner required for posting a warrant for a town meeting under section 2523.  The 
municipal officers shall make a return on the original notice stating the manner of notice 
and the time it was given. 
A.  The requirement for public hearing is not a prerequisite to the valid issuance of 
any bond, note or other obligation of a municipality authorized to borrow money by 
vote under any such particular article. 
B.  If a particular article to be voted on by secret ballot requests an appropriation of 
money by the municipality, the article, when printed in the warrant and on the ballot, 
must be accompanied by a recommendation of the municipal officers. 
(1)  If by town meeting vote or charter provision, a budget committee has been 
established to review proposed town expenditures, the recommendations of the 
budget committee shall be printed in addition to those of the municipal officers. 
(2)  If the action affects the school budget, a recommendation by the school board 
shall be printed in addition to those of the municipal officers and the budget 
committee, if any. 
C.  If the warrant for a town meeting contains only articles for the election of the 
moderator and one or more referendum questions to be voted on by secret ballot, the 
municipal officers may specify the same voting places as those used by the town for 
federal, state or county elections. 
A petition or order that seeks to legalize the recreational use of marijuana within a 
municipality may not be approved for inclusion on the ballot or considered at any town 
meeting. 
SUMMARY 
This bill prohibits a municipality from including a referendum question to legalize 
the recreational use of marijuana on a ballot or in a warrant or considering it at a town 
meeting.