“It’s never great politically if your opponent is on TV and you don’t have the money to respond.”
By: Emma Davis, Maine Morning Star
As voters left the Woodfords Club polling station in Portland on June 9, Alex Perez and Hairo Roque, both of Connecticut, asked them to sign one. Mainers petition to roll back recreational use of legalized cannabis a decade ago Similar scenes played out in Poland and other municipalities across the country on election day.
That effort to repeal recreational cannabis was muted after the campaign missed the winter deadline to submit signatures to get it on the November ballot. Now with about 40,000 of the 67,682 signatures needed (at least 10 percent of all votes cast in the last gubernatorial election), the campaign is eyeing the November 2027 ballot, said Caroline Alcock of Massachusetts, the group’s general counsel.
The campaign appears to be driven almost exclusively by out-of-state interests, while local cannabis supporters are organizing in opposition.
“To make a bad poker reference, they’re ‘committed to pot,'” Rep. David Boyer, who led legalization efforts in 2016, said of the campaign’s sole donor, Smart Approaches to Marijuana.
Colin Mack of Brunswick, who is listed as a proponent of the initiative on the secretary of state’s website, told the Maine Morning Star after the election that he thought the effort was over. However, he said that he did not participate, apart from being a local person, to send it to Augusta.
The proposed ballot referendum would ban the commercial cultivation, sale, purchase and manufacture of cannabis starting in 2028, while allowing personal use and possession of up to 2.5 ounces. It would also create new testing and tracking requirements for medical cannabis, which the Maine Legislature rejected earlier this year.
The petition is valid until the spring of 2027, 18 months later, and Alcock said the campaign plans to continue collecting signatures through the summer.
Influence from outside the state
SAM Action, the political arm of Smart Approaches to Marijuana, which funds the campaign, he contributed $2 million in December. As a non-profit, the group is not required to disclose its financial sources.
SAM Action did not respond to multiple requests for comment. (The local Maine affiliate disbanded shortly after the 2016 referendum and is not involved in the current petition, as far as Scott Gagnon knows.)
SAM Action is also the only donor behind a similar anti-cannabis campaign in Massachusetts.
They have been in both Maine and Massachusetts the accusations of some signature collectors that the initiatives are misrepresentedthe leader Maine Secretary of State Shenna Bellows (D) to encourage voters to read the entire petition before signing
Alcock said the campaign’s talking points to collectors are not misleading.
“We think it’s more of an adversarial strategy,” Alcock said of the allegations. “We’re not telling anyone to be misleading to voters or to use anything other than approved and vetted talking points about it.”
Although state law and the Maine Constitution require petition circulators to be Maine residents and registered voters, those residency requirements are largely unenforceable because of federal court rulings.
In 2020, Bellows was sued by a group that argued that the demands protected by the US Constitution’s First Amendment violated “fundamental political speech”.
A district court granted the group — which included We the People PAC, Maine House Minority Leader Billy Bob Faulkingham, a nonprofit and professional signature gatherer — a preliminary injunction, and in 2022, the U.S. Court of Appeals for the First Circuit ruled that the residency requirement was unconstitutional.
The state entered into a consent order with the group, which now follows all Maine citizen initiatives, to allow out-of-state circulators as long as they agree to submit to Maine’s jurisdiction for investigation or prosecution of any alleged violation of Maine law.
Building a defense
Since the re-emergence of an anti-cannabis petition on the ballot, Boyer has begun preparing for the defense.
As the petition began to spread this winter, Boyer opened a bank account and began having initial conversations with local and national groups to organize an opposition campaign.
“I’m going to dust myself off and register with the state and start collecting money,” Boyer said after seeing signature gatherers at the polls earlier this month.
His campaign is not about getting a competitive question on the ballot, but about raising money for “no vote” signs, mailings, TV ads and other ways to oppose the petition.
“We don’t have all the money they need,” Boyer said. “We don’t have to equate one and the other, but you know it’s never good politically if your opponent is on TV and you don’t have the money to respond.”
This story was first published by the Maine Morning Star.
user photo Brian Shamblen.