Maine Question 1, formally An Act to Legalize Marijuana,^[1] is a citizen-initiated referendum question that qualified for the Maine November 8, 2016 statewide ballot. It was qualified for the ballot after a Maine Superior Court judge ordered that petitions rejected by the Maine Secretary of State be reconsidered. The proposal sought to legalize the recreational use of marijuana in Maine for those over the age of 21, and institute a 10 percent tax on its sale. As the Maine Legislature and Governor Paul LePage declined to enact the proposal as written, it appeared on the ballot along with elections for President of the United States, Maine's two U.S. House seats, the Legislature, other statewide ballot questions, and various local elections.

Quick Facts Results, Choice ...

Question 1: Citizen Initiative

An Act To Legalize Marijuana
Results
Choice Votes  % Yes 381,768 50.26% No 377,773 49.74% Valid votes 759,541 98.43% Invalid or blank votes 12,120 1.57% Total votes 771,661 100.00%
For   55%–57.49%   52.5%–54.99%   50%–52.49% Against   52.51%–50.01%   55%–52.51%   60%–57.51%   65%–62.51%

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According to uncertified results, the referendum passed by 50.3% to 49.7%, a margin of under 5,000 votes. On November 10, two days after the election, the Associated Press called the result in favor of the "Yes" vote.^[2] However, opponents of the measure requested a recount and then withdrew their request on December 17.^[3][4]

After the partially completed recount, the results were certified as 381,768 in favor and 377,773 opposed.^[5] As of 2024, Question 1's results remain the narrowest margin of victory for any successful marijuana legalization measure in U.S. history.

The passage of ballot measures in Colorado and Washington in 2012 which legalize marijuana has led to efforts across the United States to do so. The use of marijuana for medical purposes has been legal in Maine since 1999.^[6] Attempts by the Maine Legislature to legalize recreational marijuana have not succeeded, including one effort to put the question directly onto the ballot.^[7] Some success in legalization has been seen at the local level, with Portland legalizing recreational use in 2013 by a wide margin.^[8] It has also been legalized in South Portland but a legalization effort in Lewiston failed.^[6]

Petitions for two separate groups to collect signatures to place a ballot measure on the 2016 ballot were issued by the Maine Secretary of State's Office, one on April 28, 2015 to a group called Legalize Maine, and another on June 3, 2016 to the Campaign to Regulate Marijuana Like Alcohol, which is affiliated with the Marijuana Policy Project.^[9] The two proposals were similar but Legalize Maine's was more permissible, legalizing up to 2.5 oz. for use by those 21 and older, as opposed to only 1 oz. under the MPP's proposal. It also called for a 10 percent tax on marijuana. Legalize Maine promoted their proposal as "home grown".^[10][11] The two groups agreed to combine their efforts on October 26, 2015 and coalesce behind Legalize Maine's proposal, so that there would only be one legalization effort.^[12] An effort by State Rep. Mark Dion (D-Portland) to pass a bill legalizing marijuana failed on June 22, 2015, largely because legislators did not want to undercut the petition gathering effort. Dion had felt that the Legislature should get out in front on this issue to avoid having to fix a poorly written referendum proposal later.^[13]

Supporters of legalization turned in 99,929 signatures to Secretary of State Matthew Dunlap on February 1, 2016. A small group protested those delivering the signatures outside the Secretary's Office, objecting to out of state groups being involved in the legalization effort.^[14][15]

Maine Attorney General Janet Mills expressed concern that the law as written would legalize marijuana use for all ages, calling the language of the bill "troublesome".^[22]

On 5 December 2016 the state of Maine called for an official recount of the ballots regarding Question 1, a process expected to take a month or more and cost up to $500,000. The International Business Times reported that governor Paul LePage said:

... he would be taking up the issue with president-elect Donald Trump to find out if the incoming administration would enforce federal laws prohibiting legal marijuana use. However, if Trump decides to keep cannabis laws at the state level, LePage said he would accept the law.^[31]

By December 16, around 30% of all ballots cast had been recounted, including those from Maine's largest city of Portland without any notable change in the results.^[32] The recount was ordered suspended until after January 1, and the No on 1 campaign filled out the requisite paperwork to formally cancel the recount one day later.^[4]

• Cannabis in the United States
• Colorado Amendment 64
• Washington Initiative 502