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Nullification: Portland (ME) Police Chief to Ignore Marijuana Legalization Vote

By Scott Gacek | Daily Chronic

PORTLAND, ME — Voters in Maine’s largest city approved a measure Tuesday to legalize the possession of small amounts of marijuana by adults 21 and older, but the chief of police says that the vote won’t change anything in regards to how the department handles marijuana offenses.

Portland Police Chief Michael Sauschuck says the department will continue to enforce state marijuana laws, which Sauschuck said “pre-empt local ordinances,” and officers will issue citations for marijuana possession when necessary.

“This doesn’t change anything for us in terms of enforcement,” Chief Michael Sauschuck said Wednesday.

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FYI

Here is the link to the Portland charter/ordinances:

http://www.portlandmaine.gov/citycode/chapter000.pdf

Ron Paul is My President

Here is the link for the

Here is the link for the charter/ordinance for Portland, Maine:

http://www.portlandmaine.gov/citycode/chapter000.pdf

Ron Paul is My President

My interpretation.

I just spent seconds on the article that was linked, but the way I read it was that the police chief wasn't really enforcing the original law which criminalized possession in the first place.

The article states: "Chief Sauschuck says that the Portland Police Department did not consider small time marijuana possession offenses a high law enforcement priority before the initiative passed. Since June 2011, police officers in Portland have averaged writing a little over one marijuana possession ticket per week."

The chief was saying about the NEW law that, “This doesn’t change anything for us in terms of enforcement,” because he was essentially ignoring/nullifying the OLD law to begin with!

Or am I misinterpreting?? At the very least, the article is not given a proper, meaningful title. This would be better: "New Marijuana Law Now In Harmony with Police Enforcement." Or even better, "Police Had Been Ignoring the Old Marijuana Law".

The net effect should be one LESS ticket is now written, or ZERO tickets per week.

"It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a rEVOLution before tomorrow morning." - Henry Ford

Try again guys

Preemption laws go both ways. Recently an initiative was put forth before out town counsel to ban black rifles. Some people got upset but it was a wasted effort. Our state preemption laws forbid any town to legally deprive what our state constitution guarantees.

The cop in this case has an excellent legal basis for his statement if ME has such laws or constitutional requirements for same.

Be brave, be brave, the Myan pilot needs no aeroplane.

Kidnap, not nullification

Nullification is when you ignore a law, not make one up. If he arrests someone for marijuana it'll be kidnap, not nullification.

What's the open carry situation in Portland?

Are there any local ordinances banning open carry in the city? If so, this would be some excellent leverage if they want to say that state law trumps local ordinance.

Flood your mayors office

With calls, emails and letters until that clown backs off or gets canned.

city council

The police chief is an appointment of the city council, not the mayor.

Ĵīɣȩ Ɖåđşŏń

"Fully half the quotations found on the internet are either mis-attributed, or outright fabrications." - Abraham Lincoln

I think it depends on the city's charter

They can report to the council, mayor or city manager. Not sure who runs the show in Portland Maine, but there's probably someone in there wanting to get reelected

I believe impeachment of the

I believe impeachment of the Chief of Police is in order.

So Maine's constitution forbids preemption eh?

Well that's a factor and should have been known by activists going in. They have good headway with local initiatives but the win will be at the state level.

Definitely one of those doctrines that cuts both ways...

Be brave, be brave, the Myan pilot needs no aeroplane.

Pass another initiative

That remove's from office and revokes any retirement, pension, medical, or other benefit for any officer or official who acts counter to the express wishes of the people.

The state criminal code may trump municipal or county, but they can't make them continue to employ people who violate the will of the people.

If everyone just refused to

If everyone just refused to pay the fine and served their time in jail instead, their little money generating scheme would come to an end very quickly.

the pigs did the same thing when we legalized in 2005 in denver

Marijuana: After Denver Votes to Legalize It, Cops Arrest Even More

In November 2005, voters in Denver approved a municipal ordinance legalizing the possession of small amounts of marijuana. Denver police and prosecutors refused to play ball, continuing to cite people under the state marijuana law. Now, to add insult to injury, arrest figures from the police department show they are arresting more people for marijuana possession than ever.
http://stopthedrugwar.org/chronicle/2007/apr/12/marijuana_af...

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That's pretty simple he is fired

That's pretty simple he is fired at the next city counsel meeting. Problem solved.

I guess they didn't test him on Constitutional lawfully passed ordinance enforcement when they vetted him ay?
***See Feb., 2012 hiring article here;
http://bangordailynews.com/2012/02/07/news/portland/departme...

“Any man who thinks he can be happy and prosperous by letting the government take care of him better take a closer look at the American Indian.” ― Henry Ford.

Don't Step On The Grass Sam


http://youtu.be/qAqYMhXuydU

"Don't blame me, I voted for Kodos!"- Homer Simpson

If you live in Portland Maine...

you cannot vote out the police chief...but you can easily vote out the mayor and town council members. Put the pressure on the mayor and the council and the chief will be exiting stage left or he will comply with the voters wishes. It's called leverage. Use it.

Your statement is not

Your statement is not true.
The police chief is not elected in Portland ME. He can be fired by the city council summarily.

http://bangordailynews.com/2012/02/07/news/portland/departme...

“Any man who thinks he can be happy and prosperous by letting the government take care of him better take a closer look at the American Indian.” ― Henry Ford.

That's what he said

Read carefully

puff puff

pass.

Those who expect to reap the blessings of freedom must. like men, undergo the fatigue of supporting it.-Thomas Paine

The R3volution requires action, not observation!!!!