In Maine, a joint House and Senate committee recently advanced a drug decriminalization bill that will decriminalize possession of illicit drugs. They also moved a measure forward to reform the state’s drug trafficking laws.
The panel’s members remain split on how the legislature should handle the decriminalization proposal moving forward.
The decriminalization legislation, LD 967, will make illicit drug possession a civil violation. Drug possession will be punishable by a fine of up to $100. If people would like to avoid the fine, they have an option to submit to an “evidence-based assessment for proposed treatment for substance use disorder.”
Conflicting Recommendations
The joint Criminal Justice and Public Safety committee could not arrive at a decision. They discussed a potential compromise earlier in the session, but nothing materialized. In an initial vote to pass the bill, it failed 5-6. Because the vote failed in the subcommittee, it will head to the House floor.
In the end, the committee could not resolve their conflicting recommendations. They issued three separate reports with differing suggestions on how the House floor should handle the legislation.
Two Democrat Senators, who initially voted no on the bill, recommended that the legislature pass the measure. But they want to add revisions.
They want to add an amendment so that the second offense by an individual would mandate them to have an assessment for substance use disorder and the fine. Then a third offense, and all following offenses, will be a criminal misdemeanor.
On the other hand, the Republican members issued a report stating that the bill should not pass.
Support for the Legislation
Supporters of the legislation include the Maine Council of Churches and the Maine Medical Association.
The Council of Churches represents faith institutions from seven dominations. During the committee meeting, they testified in favor of the bill.
The Maine Medical Association is part of the American Medical Association. They are one of the most surprising supporters of the legislation because the American Medical Association historically opposes other reforms like marijuana legalization.
“We are losing 11 people a week” from drug overdoses, Rep. Charlotte Warren (D) said at the hearing while she was arguing in favor of decriminalization. “I feel personally that it’s time for us to make a change, and try to start saving lives. What we are doing is not saving lives.”
Drug Trafficking Laws
The panel approved a separate bill during the committee meeting. The original bill would have made it so people could not face felony convictions for drug trafficking based only on the amount of drugs they had on them.
The panel later adopted an amendment by the state attorney general’s office. Now the extent of charges brought on them can depend on the amount of drugs in their possession. However people will still have the right to argue before the court that the drugs were for personal use, regardless of the amount.
The decriminalization vote represents a continuation of a national conversation about the need to reform drug policies. The push to change laws criminalizing people over drugs and treating substance misuse as a public health issue instead of a criminal justice matter carries on.
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