Maine Legislature Passes Bill to Allow Marijuana Use and Cultivation While on Probation and Parole

A Maine bill that would prevent those on probation, parole or release pending trial from being prevented in taking part in the state’s legal recreational marijuana program has been passed by the full legislature.

House Bill 1311 was filed by State Representative David Boyer along with a tripartisan group of four other lawmakers. The bill was passed by the House of Representatives on June 6, and it was passed by the Senate the following day. Today the proposal was passed through both chambers in final concurrence votes. This sends the bill to Governor Janet Mills, who is expected to sign it into law.

According to the measure’s official summary, it “prohibits an individual’s legal cultivation, possession or use of cannabis or testing positive for cannabis from being a violation of probation, parole or release pending trial unless the court finds that the cultivation, possession or use of cannabis by the individual creates a risk of danger to the individual or others.”

The specific text of the bill states:

“Unless the court makes a finding that the cultivation, possession or use of cannabis by an individual creates a risk of danger to the individual or another person, the individual’s conduct allowed under this chapter or a positive test of the individual indicating the presence of cannabis, delta-9-tetrahydrocannabinol or any other cannabinoid or metabolite of cannabis may not be considered a violation of probation or parole under Title 34-A, chapter 5 or release pending trial under Title 15, section 1026.”

Once it reaches her desk, Governor Mills will have 10 days to sign the measure or veto it or it becomes law without a signature.

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