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.
[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.
[6] Attempts by the Maine Legislature to legalize recreational marijuana have not succeeded, including one effort to put the question directly onto the ballot.
[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.
[20] Dunlap announced on April 27 that about 11,000 previously invalidated signatures were found to be valid, which meant that the referendum qualified for the ballot.
"[21] 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.
[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.