FILE - In this Dec. 13, 2017, file photo, James MacWilliams prunes a marijuana plant that he is growing indoors in Portland, Maine. New York has failed in recent years to pass marijuana legalization, but a state senator said lawmakers have reached an agreement to legalize marijuana sales to adults over the age of 21. (AP Photo/Robert F. Bukaty, File)
James MacWilliams
(Albany, NY/77WABC)-A vote on a bill legalizing marijuana in NY State is expected this week. The vote follows an announcement from NY Democratic Gov. Andrew Cuomo over-the-weekend that an agreement had been reached on the bill legalizing marijuana for residents aged 21 years and up. It would limit possession to 3 ounces.
The bill’s language reflects a three-way agreement to legalize, tax, and regulate adult-use cannabis. The bill, an amended version of the Marijuana Regulation and Taxation Act, is carried in the Assembly by Majority Leader Crystal Peoples-Stokes and is expected to be voted on this week.
“I am very proud that we finally have a three-way agreed bill to legalize adult-use cannabis in a way that foregrounds racial justice, while balancing safety with economic growth, encouraging new small businesses, and significantly diminishing the illegal market,” said Senator Krueger. “My goal in carrying this legislation has always been to end the racially disparate enforcement of marijuana prohibition that has taken such a toll on communities of color across our state and to use the economic windfall of legalization to help heal and repair those same communities. I believe we have achieved that in this bill, as well as addressing the concerns and input of stakeholders across the board. When this bill becomes law, New York will be poised to implement a nation-leading model for what marijuana legalization can look like.”
You can listen to a comment made by Sen. Kruger below:
“I am thrilled to announce that there is a three-way agreement to pass the Marijuana Regulation and Taxation Act. The final bill provides long-awaited marijuana justice for New Yorkers, and makes significant steps and investments to begin to address the generational devastation caused by marijuana prohibition and mass incarceration,” said Majority Leader People-Stokes. “Cannabis legalization in New York will be centered on equity, investment into communities, economic opportunities for historically disenfranchised people, research, education, and public safety. I am honored to sponsor this legislation and excited to see the positive impact it will have for so many New Yorkers.”
The final legislation is the culmination of a years-long effort by Senator Krueger, Assembly Majority Leader Crystal Peoples-Stokes, and countless advocates. Key provisions of the bill will begin to repair the heavily discriminatory impact that enforcement of prohibition has had on communities of color in New York State. These provisions include:
- Dedicating 40% of revenue to reinvestment in communities disproportionately impacted by the drug war, with 40% to schools and public education, and 20% to drug treatment, prevention, and education.
- Equity programs providing loans, grants, and incubator programs to ensure broad opportunities for participation in the new legal industry by people from disproportionately impacted communities as well as by small farmers.
- A goal of 50% of licenses going to equity applicants.
- Elimination of penalties for possession of fewer than three ounces of cannabis.
- Automatic expungement of records for people with previous convictions for activities that are no longer criminalized.
- Establishment of a well-regulated industry to ensure consumers know exactly what they are getting when they purchase cannabis.
The bill establishes the framework to build a well-regulated industry that will replace the illegal market, prevent domination by large existing players, and ensure that consumers know exactly what they are getting when they purchase cannabis. To achieve these goals, the bill:
- Establishes an Office of Cannabis Management with a board comprised of 5 members – 3 appointed by Governor and 1 by each legislative house, with the chair subject to Senate confirmation.
- Establishes an Executive Director appointed by the Governor subject to Senate confirmation, and a Chief Equity Officer subject to approval by at least 4 members of the board.
- Establishes a Cannabis Advisory Board representing a broad range of communities of interest, which will be responsible for approving grants from the Community Reinvestment Fund as well as making policy recommendations and reporting on the state of the cannabis program.
- Grants the Office of Cannabis Management powers to evaluate license applicants use a broad range of metrics, including social equity status, commitment to environmentally sound policies, public health, and fair labor practices.
- Expands the medical cannabis program allowing for additional licensees, expanded patient access, and a broader range of product types.
- Allows current Registered Organizations limited access to the adult-use market in exchange for licensing fees that will help fund equity programs. The legislation prohibits vertical integration for all other licensees except micro-businesses to protect the retail sector from being controlled by larger cannabis producers and establishes a goal of 50% of licenses going to equity applicants.
- Allows limited homegrown of three mature and three immature plants per adult for both medical patients and in the adult-use program, with a maximum of six mature and six immature plants per household, subject to regulation by the Office of Cannabis Management.
- Provides funding for training drug recognition officers and expands traffic safety protections, including the development of roadside testing technology.
- Allows for localities to opt-out of retail sales at the city, town, and village level
- Sets a 9% sales tax on cannabis, plus an additional 4% tax split between the county and city/town/village, plus an additional tax based on THC content as follows: 0.5 cents
- per milligram for flower, 0.8 cents per milligram for concentrated cannabis, and 3 cents per milligram for edibles.
Once approved, NY State would become the 14th state in the nation to legalize marijuana. It is expected to generate at least $350 million dollars annually in revenue.
Melissa Moore, Director of the NY State Drug Policy Alliance said: “At long last, marijuana reform is finally almost a reality in New York State. Through the tireless work of people impacted by prohibition, advocates, and champion lawmakers, like Senator Liz Krueger and Assembly Majority Leader Crystal Peoples-Stokes, New York is on the precipice of ushering in a new era of marijuana justice. Advancing legalization in NY also puts another nail in the coffin of the war on drugs that has devastated so many communities across the state. By comprehensively addressing the harms of past criminalization, this legislation will create one of the most ambitious marijuana legalization programs in the country. It is setting a national model for reform with community reinvestment, equity, and justice front and center. We will continue to work with lawmakers to ensure the best possible outcome for all New Yorkers and look forward to the Legislature swiftly passing the bill and the Governor’s signature on these historic reforms.”
