Mass Legalizes Marijuana; Maine Still Too Close to Call

New England has become the first region of the country outside the West to embrace marijuana legalization, with voters in Massachusetts approving an initiative Tuesday, while as of early Friday morning, a similar measure in Maine was still too close to call.

At this juncture in the vote count, with 84% of the vote counted, Maine's Question 1 initiative was winning with 51% of the vote, while Massachusetts' Question 4 initiative has won with 53% of the vote. The Associated Press called the Massachusetts victory late Tuesday night

The Maine initiative allows people 21 and over to possess and transport up to 2 ½ ounces of marijuana, along with associated paraphernalia. They may also "gift" up to 2 ½ ounces to other adults. Individuals may also grow up to six flowering plants and 12 immature ones at their residences and keep the fruits of their harvest, which could be considerably more than 2 ½ ounces. They can also purchase up to 2 ½ ounces of marijuana at a time at licensed marijuana retail stores.

If it squeaks through, the Maine initiative will create a thoroughly regulated and licensed system of marijuana cultivation, production, processing, and retail sales, with a 10% tax on retail sales. Tax revenues beyond program costs will go to the state's general fund.

Cities and towns will have the right to regulate and even prohibit marijuana businesses, and the initiative offers no protection against employer drug testing.

The Massachusetts initiative allows people 21 and over to possess an ounce in public and up to 10 ounces at home, as well as the fruits of their harvest of up to six plants. It also legalizes the possession of pot paraphernalia.

And it creates a commission similar to an Alcoholic Beverage Control Commission to oversee and regulate licensed marijuana cultivation, production, testing, and retail facilities. Retail marijuana sales will be subject to the sales tax of 6.25% and an excise tax of 3.75%, or a 10% tax. Cities and counties could add another 2%.

They can also regulate marijuana businesses, or opt out altogether. The initiative offers no protection against employer drug testing. 

Legalization initiatives also won in California and Nevada Tuesday. A legalization initiative in Arizona appeared to be losing early Friday morning.