From News Nation:
“Gov. Cuomo
signs bill legalizing recreational marijuana in New York”
New Yorkers can
now possess up to 3 ounces of cannabis under a legalization bill signed
Wednesday by Gov. Andrew Cuomo. The Marijuana Regulation and Taxation Act was
passed by the New York State Assembly and Senate on Tuesday. However, the sales
of recreational-use marijuana won’t become legal for an estimated 18 months
until the state draws up regulations, reported NewsNation affiliate WROC. The
marketplace will take a while to set up and establish a proposed cannabis
board. “This is a historic day in New York — one that rights the wrongs of the
past by putting an end to harsh prison sentences, embraces an industry that
will grow the Empire State’s economy, and prioritizes marginalized communities
so those that have suffered the most will be the first to reap the benefits,”
Cuomo said in a statement, adding that the legislation was one of his “top
priorities.” After years of attempts by some lawmakers, New York will join more
than a dozen other states that have legalized cannabis, including neighboring
New Jersey. The state Senate and Assembly hashed out final details in a Tuesday
debate. It passed the Senate with a party-line 40-23 vote and the Assembly with
a 100-49 vote. Advocates for criminal justice reform hope it will also help
redress the inequities of a system that has locked up people of color for
marijuana offenses at disproportionate rates. The legislation provides
protections for cannabis users in the workplace, housing, family court and in
schools, colleges and universities, and sets a target of providing half of
marijuana licenses to individuals from underrepresented communities.
New York will
start automatically expunging the criminal records of individuals with certain
past marijuana-related convictions, and law enforcement in the state won’t be
able to arrest or prosecute individuals for possession of marijuana up to 3
ounces. That’s a step beyond a 2019 law that expunged many past convictions for
marijuana possession and reduced the penalty for possessing small amounts. The
law also allows using cannabis in public spaces, though New Yorkers can’t smoke
or vape marijuana in locations prohibited by state law, including workplaces,
colleges and universities, hospitals and within 100 feet of a school.
Marijuana sales
could bring the state, reeling from the monetary impacts of the coronavirus
pandemic, about $350 million annually reported WROC. New York would set a 9%
sales tax on cannabis, plus an additional 4% tax split between the county and
local government. It would also impose an additional tax based on the level of
THC, the active ingredient in marijuana, ranging from 0.5 cents per milligram
for flower to 3 cents per milligram for edibles. Cuomo said it could take years
to collect tax revenue, though Republicans are skeptical the state will see
that much. California was forced to cut $223 million from state budget
projections in 2019 due to slower-than-expected pot sales. Tax revenues from
marijuana would first cover the state’s cost of regulating and enforcing the
marijuana legalization law, with the remainder divided among schools, drug
treatment and prevention programs. Also, included is funding for investing in
job skills, adult education, mental health and other services in communities
that bore the brunt of the national and state drug war. “New York’s program
will not just talk the talk on racial justice,” state Sen. Liz Kreuger said.
“It will walk the walk: ending the racially disparate enforcement that was
endemic to prohibition, automatically expunging the records of those who were
caught up in the so-called ‘War on Drugs’ and channeling 40 percent of the
revenue back into the most hard-hit communities.”
The state will
provide loans, grants and incubator programs to encourage participation in the
cannabis industry by people from minority communities, as well as small
farmers, women and disabled veterans. “Fifty percent is a very high bar to try
to reach, but if it happens, it would be amazing,” said Hillary Peckham, chief
operator of Etain Health, a women-owned New York medical cannabis company that
is considering applying for a recreational marijuana license if it becomes
legal. “The next step is to see how the regulations and the program are stood
up to actually provide those opportunities,” added Peckham, whose company has
four dispensaries around the state. Social equity emerged as a key theme in
marijuana legalization in recent years, with newly legal states trying to build
it in and others seeking to make up for a lack of diversity in the businesses
they approved earlier. But the plans haven’t played out as intended in many
places. Illinois, for instance, was touted for the equity provisions in its
2019 law. But that has drawn criticism and legal action from some Black-owned
businesses that were passed over. Illinois has since revised its process in an
effort to address those issues. New York joins at least 15 other states that
have legalized recreational marijuana, including neighboring New Jersey. Voters
moved to legalize recreational and medical use of marijuana in South Dakota in
November, though it is currently being challenged in the state’s Supreme Court.
OPPONENTS OF
LEGALIZATION Opponents of legalization include law enforcement
organizations and groups representing parents. “We are in the midst of
the COVID-19 pandemic, and with the serious crisis of youth vaping and the
continuing opioid epidemic, this harmful legislation is counterintuitive,”
several organizations wrote in an open letter earlier this month. New
York officials plan to conduct a study that will examine the extent that
cannabis impairs driving, and whether it depends on factors like time and metabolism. The new law allows cities, towns and
villages to opt out of allowing adult-use cannabis retail dispensaries or
on-site consumption licenses by passing a local law by Dec. 31, 2021, or nine
months after the effective date of the legislation. They cannot opt out of
legalization.
KEY
PROVISIONS Some key provisions of the legislation, known formally as
S.854-A/A.1248-A: Establishes the Office of Cannabis Management. Expands New
York’s existing Medical Marijuana Program. Establishes a licensing system. Creates
a Social and Economic Equity Program encouraging individuals disproportionately
impacted by cannabis enforcement to participate in industry. Tax collection
projected to reach $350 million annually and potentially create 30,000 to
60,000 jobs. Eliminate penalties for possession of less than three ounces of
cannabis, and automatically expunge records of people with past convictions for
marijuana-related offenses that would no longer be criminalized. . Set up
loans, grants and incubator programs to encourage participation in the cannabis
industry by people from minority communities, as well as small farmers, women
and disabled veterans. Allow individual New Yorkers to grow up to three mature
and three immature plants for personal consumption. Let local governments opt
out of retail sales.
^ How do you
get New Yorkers to forget about the State and Federal Investigations into your
horrible actions with the Nursing Homes (and lying about all the deaths) as
well as the now 10 women (and counting) who have accused you of sexual assault?
Get them high. Well played Cuomo. Well played. ^
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