A Portland legislator advises the state to get out in front of competing citizen initiatives.

Maine lawmakers in the new year will consider at least four bills related to marijuana, including one to set a limit to determine when someone is driving under the influence of pot and a perennial bill to allow recreational marijuana use.

The marijuana OUI bill is being proposed by the Department of Public Safety, which wants to set a limit that will allow police officers to determine when a driver is too stoned behind the wheel.

Rep. Diane Russell, D-Portland, said she will introduce her fourth bill to tax and regulate the use of recreational marijuana. She said this bill will be the Legislature’s last chance to get out in front of two competing citizen initiatives that are likely to end up on the 2016 ballot. Two groups – the Marijuana Policy Project and Legalize Maine – plan to launch petition drives to collect signatures for 2016 referendums to legalize recreational drug use, as the states of Colorado and Washington have both done. The two proposals differ in approach and details, such as whether marijuana use should be limited to private homes or allowed in social clubs.

“If those both pass in 2016, the Legislature will have to decide the intent of voters and that will be a real mess for 2017,” Russell said. “The best thing to do is get ahead of the issue, set the policy and send it to referendum to let the people decide.”

Russell also will sponsor a bill to remove the list of qualifying conditions for which patients can be approved to use medical marijuana. That would effectively leave it to patients and doctors to determine when the drug might help with a medical condition. Previous bills have been introduced to expand the number of approved conditions, including post-traumatic stress disorder.

“This would allow the provider to make the best decision about what medical marijuana should be used for,” she said. “I don’t think politicians are qualified to decide.”

Hillary Lister, director of Medical Marijuana Caregivers of Maine, anticipates legislation specifying that the state cannot collect identifying information about medical marijuana patients. She said patients and caregivers are concerned about a recent rule change that requires medical providers to give patients a certification card that is generated through an online portal.

The Department of Health and Human Services also will propose amendments to the Maine Medical Use of Marijuana Act, but details of those amendments will not be released until the bill is finalized and the language becomes public, said department spokesman David Sorensen.

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