Seacoastonline : MAINE AG ‘concerned about legality’ of Kittery Pot Lottery
- Who in Kittery made this decision?
- If the law was violated, who is to blame?
- Who will be ultimately responsible?
Update. https://amp.seacoastonline.com/amp/7248682001
KITTERY, Maine — The town’s 2021 marijuana business lottery did not violate state law, according to the state attorney general’s office.
They said: “Although there is no express legislative authority for a municipality to conduct such a lottery, because of the specific facts of this case, the Office of the Attorney General does not currently intend to pursue legal action in this matter,” Johnson wrote.
Previous post.
We learned from the Portsmouth Herald that a letter dated January 12th, 2022 was sent by the Attorney Generals office to Kittery, that the Maine Attorney General is ‘concerned about legality’ of the Kittery Pot Lottery.
The below posted article by IAN LENAHAN in the Portsmouth Herald, published 5:01 a.m. Feb 8, 2022, Link below, but be forewarned, the link may cost you a subscription fee. Free to those who get the paper delivered. To read the full article, buy the paper, login or get a subscription. The Herald’s full article is lengthy.
Article by IAN LENAHAN: KITTERY, Maine — The town’s retail marijuana business license application lottery held last fall is being reviewed by the state attorney general’s office, where an official stated she is “concerned about the legality” of the process.
The town lottery charged applicants $750 each and raised more than a half-million dollars in revenue for Kittery.
A letter from Maine Assistant Attorney General Katie Johnson on Jan. 14 said it is illegal in Maine to conduct a “game of chance” without a license from the state’s Gambling Control Unit. The letter, further states it appears Kittery engaged in “unlawful gambling” when it held the lottery inside Town Hall council chambers Oct. 28, 2021.
Johnson’s letter reads. “As we understand Kittery’s lottery, it would constitute gambling as both a ‘contest of chance’ and a ‘lottery.’”
end of Portsmouth Herald pasted snippets.
The article goes on with a response from Town Manager Amaral and the Town’s Attorney.
If the law was violated, who is responsible for that roll of the dice?
See the Maine Law below and the penalties associated with violating Maine Law..
MAINE LAW 17-A, §954. Unlawful gambling
1. Any person is guilty of unlawful gambling if that person intentionally or knowingly advances or profits from unlawful gambling activity. [PL 2005, c. 663, §13 (AMD).]1-A. A person is guilty of unlawful gambling if the person is under 21 years of age and plays a slot machine as defined in Title 8, section 1001, subsection 39. [PL 2005, c. 663, §13 (NEW).]
2. Unlawful gambling is a Class D crime. [PL 1975, c. 499, §1 (NEW).]
3. A person convicted of a violation under this section must forfeit to the State all income associated with that violation. [PL 2005, c. 663, §13 (NEW).]
Don’t be surprised if the marijuana retailers, both recreational and medical establishments file a class action lawsuit? Government especially Kittery is not above the law.
The link to an article posted in ourkittery. CLICK HERE it’s FREE
Stay tuned for more information, because it is coming.