Maine Bill Allowing Marijuana Use and Cultivation While on Probation and Parole Becomes Law

Legislation in Maine that prevents those on probation, parole or release pending trial from being prohibited from taking part in the state’s legal recreational marijuana program has become law.

LD 1311 has become law without the signature of Governor Janet Mills, who chose to neither sign it into law or veto it. The measure was filed by State Representative David Boyer along with a tripartisan group of lawmakers.

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.”

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