Steve Arner of Western Maine Law LLC will be delivering a presentation on forming a business entity at the Carrabassett Valley Public Library on Wednesday, May 2, 2018 at 4:30pm as part of the Lawyers in Libraries program. He will explain the reasons business-owners may wish to form limited liability companies (LLCs) or corporations rather than operate as sole proprietorships, and will explain the key differences between the different forms of business entities, with respect to liability and asset protection, taxation, costs of operation, and operation. Steve will walk participants through the steps and costs of creating a new business entity, including reserving a name, appointing an agent, making the necessary initial and annual filings with the Maine Secretary of State, preparing bylaws or an operating agreement, electing an appropriate tax treatment, obtaining an Employee Identification Number (EIN), conducting and documenting meetings, and complying with record-keeping and annual report requirements. As with his previous presentation on advance health-care directives, Steve will show you how these tasks can be accomplished without a lawyer.

Both the Maine House and Senate passed a bill that will provide the framework for recreational marijuana use and sales in Maine. Both chambers passed the bill with veto-proof majorities. The bill, somewhat more restrictive than the bill Governor LePage vetoed last year, eliminates social clubs, internet sales, delivery, and drive through window sales. The bill, as amended, also makes clear that marijuana is limited to adult use, and will eliminate the so-called gifting loophole. It also extends the residency requirement to four years for those seeking the first licenses to sell recreational marijuana, and cuts the number of plants an individual may possess from six to three. It also raises the effective tax rate from 10 to 20 percent, and directs 6 percent of those taxes collected to law enforcement. (All of the tax revenue continues to go to the state, however; none is retained by the locality in which the tax is collected). At present, the first licenses for recreational marijuana sales should be issued in the Spring of 2019, subject to local regulation (or prohibition).

The text of the bill may be viewed at http://legislature.maine.gov/bills/display_ps.asp?PID=1456&snum=128&paper=HP1199.

Look for our advertisements on WSKI, channel 17 at Sugarloaf and online at http://wskitv.com/2018/01/07/home-services-and-more/. Starting soon, we will be running exclusive promotions on WSKI!

Western Maine Law LLC is now a proud member of the Flagstaff Area Business Association. Look for our ad in the next edition of the Maine’s High Peaks Visitors Guide, and in the service listings on their website in the near future. Also, attorney Steve Arner recently appeared live on WSKI. Look for repeat broadcasts throughout the season (and online shortly), and an ad on WSKI coming soon.

Looking to update your estate plan? Now’s a great time to do so, before the new year arrives. We are offering a special on a comprehensive plan that includes a will, a financial durable power of attorney, and an advance health care directive (a living will and health care power of attorney) for $600, with an initial and follow-up consultations, tailoring of the estate documents to meet your needs, and two rounds of revisions (if necessary) included. Additional discounts apply for couples. Give us a call at (207) 237-0000, send us a message through Facebook, or email info@westernmainelaw.com for more information!

On Monday, November 6, the House sustained the Governor’s veto of the marijuana bill that was passed by the legislature after months of work by the Joint Select Committee on Marijuana Legalization Implementation. The current state-wide moratorium on recreational sales expires on February 1. The legislature reconvenes in January and it is possible the moratorium could be extended, or the bill revisited. If neither happens, the ballot box law’s provisions would go into effect, which would arguably permit minors to possess marijuana, allow sales via the internet and drive-through windows, require localities to opt out rather than opt in, reduce tax revenues from marijuana sales, remove preferences for Maine residents, etc. House Minority Leader Fredette sought to extend the moratorium on Monday but failed due to the Democratic leadership’s rejection of the proposal.

On Friday, November 3, Governor LePage vetoed the marijuana bill, which had been the result of a months-long effort of the marijuana legalization implementation committee. If the House votes the same way it did in passing the bill last month, the House would not have enough votes to override the Governor’s veto. Without the new bill, the existing Marijuana Legalization Act would remain in force, but a moratorium on commercial portions of the law (sales, etc.) would also remain in effect until February. The legislature will reconvene Monday, when supporters of the bill are expected to seek to overturn the veto, which will require a two-thirds majority in both houses.

On October 23, in a special session, the Maine House and Senate passed the revised marijuana bill, but the votes fell short of the two-thirds majority that would be required to override Governor LePage’s threatened veto. LePage has ten days within which to sign the bill, veto it, or let it become law without his signature. He supported a measure that was defeated that would have extended the current moratorium.

The bill’s text is available here.

Western Maine Law LLC offers free notary public services. As a service to the community, we also perform wedding ceremonies for free. Congratulations to David and Amy who were married by Steve Arner this weekend at Sugarloaf!

Contact us for more information.

After conducting a public hearing on September 26, the Maine Legalization Implementation Committee agreed to further revisions to the bill that would govern the cultivation and sale of recreational marijuana and other aspects of the voters’ decision to legalize marijuana earlier this year. The revisions are in the process of being incorporated into a revised draft, which the Committee expects to be available for public review on October 10. It is expected that the legislature will consider the bill on October 23. If the bill passes, many expect Governor LePage to veto it, and to resist implementation if the legislature were to override his expected veto.

The committee adopted the bill, as revised, 13-2. The revised bill calls for a 10% sales tax and a 10% excise tax based on weight. Provisions allowing for internet and drive-through sales and permitting medical marijuana dispensaries to convert from non-profit to for-profit were stricken from the bill.