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Law New York

When I saw this headline, my first thought was that this is a job for "MR. OBVIOUS"!!

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New York college students overwhelmingly support cannabis legalization

College students in New York have little doubt about whether or not cannabis should be legalized in the Empire State, with more than 90 per cent voicing support for such a move.
That preference was made clear as part of a new survey from Siena College Research Institute. The admittedly unscientific survey involving 250 undergraduate and graduate students reflected input from about a dozen of New York’s 13 state universities, according to Merry Jane.
That high support seems to make sense given many respondents are “consuming an array of cannabis products on campuses, including CBD,” and that many college types regard weed as causing less potential damage than either alcohol or tobacco. With regard to the former, 47 per cent of those polled said they are not concerned about weed’s effects on their health at all compared to 46 per cent who reported being “very concerned” about the health effects of cigarettes, according to Democrat & Chronicle.



The view of alcohol compared to cannabis is somewhat reminiscent of research published earlier this year by Oregon State University that found college students in states with legalized weed smoked more, but binge-drank less than their counterparts in non-legal states.
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College students regard weed as causing less potential damage than either alcohol or tobacco. / ViewApart / iStock / Getty Images Plus ViewApart / iStock / Getty Images Plus
In the case of New York, it is not clear if the views of young people will influence state government efforts to finally get some form of recreational cannabis legalization on the books. Attempts have been made over the last couple of years, but have ultimately failed, the last largely the result of the double-whammy of budget hurdles and COVID-19.
This past January, 58 per cent of voters surveyed said they would support legalizing recreational weed across the state. This adds to a Quinnipiac University poll released a year earlier in January 2019.
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Governor Andrew Cuomo has voiced his support of legalizing recreational pot, but has been unable to get it through. / Photo: Drew Angerer/Getty Images Drew Angerer/Getty Images
Of the 929 New York State voters polled, 65 per cent said they would support allowing adults in New York State to legally possess small amounts of marijuana for personal use. That said, 59 per cent would support the sale of legal marijuana in their communities and just 28 per cent said they would definitely or probably try weed if it were legalized for recreational use.
Governor Andrew Cuomo has voiced his support of legalizing cannabis in the state, including most recently in late May. That effort, however, will need to wait until next year’s budget.
 
New Yorkers encouraged to call 911 if they spot 'marijuana smoking in progress'


According to NYC 311, the official website of New York City, “Marijuana smoking in progress” is worthy of a 911 call.
“Bill de Blasio’s administration thinks cannabis consumption is an actual emergency that warrants urgent police attention,” reads a recent tweet from cannabis reporter Tom Angell.

Some may say encouraging citizens to call 911 for public cannabis use is not only a waste of time and resource — like the state governor.

Governor Andrew Cuomo has been vocal about his support of legalization, as have lawmakers and other state representatives. But Cuomo has also failed to get it passed two years in a row. This past March, it looked like things were on track until disagreements over where the tax revenue should flow put things on pause. Then the pandemic hit, and lawmakers missed the April 1 deadline to get cannabis on the budget.

For his part, New York City mayor Bill de Blasio has also come around to legalization, voicing his initial support in 2018, just days after Cuomo did the same. De Blasio hedged his support with some caveats: no public consumption and an age limit of 21.

Medical consumers need not to worry. But for everyone else, this call for enforcement applies.
 
“Bill de Blasio’s administration thinks cannabis consumption is an actual emergency that warrants urgent police attention,” reads a recent tweet from cannabis reporter Tom Angell.
Great, let's just give all the 'Karens' badges while we are at it. :disgust: I thought we were trying to discourage these types of false police reports. I read the source of this
article and it is under the guise of dealing with the pandemic. What would normally be situations that you'd call the local police dispatch is now a life threatening EMERGENCY? :rant:
Social Distancing or Face Covering Complaint
 
Last edited:
New York Senate Passes Bill Protecting Medical Marijuana Patients From Eviction

Lawmakers are fighting for the rights of medical cannabis patients.


The New York State Senate approved a bill on Tuesday that would grant housing protections for registered medical marijuana patients. The measure, S.4117, “prohibits the eviction of tenants for using medical marijuana for a certified medical use,” according to a summary of the bill.

S.4117 was originally introduced in the New York State Senate by Democratic Sen. Anna Kaplan in February 2019. The bill was approved by the Senate in April of that year and referred to the State Assembly, where it died in January 2020.

That sent the measure back to the Senate, where it was passed again by the chamber this week by a vote of 58 to 2. The bill has been referred again to the State Assembly, where it has been assigned to the Housing Committee for consideration as A.7764.


“This legislation would seek to ensure that tenants lawfully using medical marihuana are protected from eviction proceedings,” a memo accompanying the Assembly version of the legislation cites as justification for its passage.

Elderly Patient Evicted
The legislative memo goes on to relate the story of a 78-year-old man from Niagara Falls who was evicted from his residence because he used medical marijuana for pain management. The eviction was made on the grounds that the U.S. Department of Housing and Urban Development “prohibits and has a strict policy of allowing and evicting individuals who use marihuana.”

However, New York state law allows an individual with a qualifying medical condition to use medical marijuana, with safeguards in place to ensure that cannabis is used lawfully and for medical purposes only.

“Federal law has not caught up with this and places medical users in possible jeopardy,” the memo explains.

The case was then reviewed by a regional housing administrator, who wrote that “state (and) federal law needs to catch up with medicinal marihuana usage (and) require private landlords to legally permit the same,” a statement which prompted the company that evicted the elderly man to reverse its decision.

Oregon Has Similar Law
Similar legislation to protect medical marijuana patients in Oregon from housing discrimination for their cannabis use or cannabis-related convictions was signed into law by Democratic Gov. Kate Brown in June of last year. Under that measure, landlords are prohibited from taking into consideration an applicant’s “status as a medical marijuana patient” or if they have a “conviction based solely on the use or possession of marijuana.”

Carly Wolf, the state policies coordinator for the National Organization for the Reform of Marijuana Laws (NORML), said at the time that the new law, which went into effect on January 1 of this year, will prevent qualified medical marijuana patients from having to make a gut-wrenching decision.

“Oftentimes patients are forced to choose between their health and well-being and suitable housing,” said Wolf. “No human being should have to make that choice. And starting next year in Oregon, no patient will have to. It’s about time that patients and consumers are no longer arbitrarily discriminated against for being compliant with state law.”
 
New York Launches Process For Destroying Marijuana Conviction Records

More than 150,000 people’s marijuana possession convictions in New York state were automatically expunged last summer, effectively sealing them from public view. Now, individuals can go a step further by requesting that conviction-related records—including arrest reports, prosecution records and criminal history—be completely destroyed.

The New York State Unified Court System announced the new process in a press release on Friday, outlining the steps people must take in order to request their case records be destroyed. Unlike expungements, which required no action from people with past convictions, requesting the destruction of records means filing an official form with the court where the conviction occurred.

The one-page form, available online or at courthouses, is free to file and requires only basic information about the case, including the individual’s name, the county and court where the conviction took place, the case number and current contact information. Completed forms can be filed in person at the court with official identification or sent by mail if first notarized by a notary public.

The changes—both last year’s expungements and the new process to destroy conviction records—result from a law passed last year that expanded the decriminalization of cannabis possession in the state. The law automatically expunged thousands of past convictions on the grounds that people shouldn’t continue to be labeled criminals for behavior no longer deemed a criminal offense.

As the court’s press release explains, those expunged convictions are already sealed from view in nearly all circumstances. The only parties able to see expunged records are pistol licensing bureaus when people are applying for gun permits and law enforcement agencies when people are applying for jobs as officers.

“An individual who is satisfied with the confidentiality that record sealing provides,” the press release says, “is not required to apply for destruction of expunged conviction records.”

In other words, if you’re not trying to be a cop or get a handgun, there may not be much to gain by having your case records destroyed.

For some, however, destroying records might be cathartic. Marijuana arrests and prosecutions are often traumatic, consequential experiences. Advocates have described erasing case records as an acknowledgment that the war on drugs was in error.

“If you decide to apply for destruction, the arrest, prosecution and criminal history records related to your expunged marihuana conviction are destroyed, and there will be no record of your arrest or conviction for these charges. In other words, it will be like it never happened,” an explanatory page about the new process says.

Expungement and other steps to undo the criminal records created by the drug war have grown more popular as marijuana legalization has spread. The first few states to legalize cannabis treated expungement almost as an afterthought, sometimes requiring laborious legal filings that required the help of an attorney. More recent states to legalize have incorporated automatic expungement processes, while other states—such as New York itself—have begun expunging past criminal convictions ahead of adult-use legalization.

“By providing individuals who have suffered the consequences of an unfair marijuana conviction with a path to have their records expunged and by reducing draconian penalties, we are taking a critical step forward in addressing a broken and discriminatory criminal justice process,” Gov. Andrew Cuomo (D) said when he signed the decriminalization and expungement bill into law. “Communities of color have been disproportionately impacted by laws governing marijuana for far too long, and today we are ending this injustice.”

Indeed, New York state has boasted some of the nation’s most striking racial disparities in terms of marijuana arrests. In 2018, a New York Times analysis found that during the three years prior, Black people in Manhattan were 15 times more likely than whites to be arrested on marijuana charges.

Those disparities have also fueled calls for all-out legalization—and the state has gotten close in recent years. For the past two legislative sessions, Cuomo has promised to make legalization a priority for the session and included the reform in his budget proposal, but so far he’s failed to muster up enough votes from lawmakers to get it passed.

Legislators have instead passed bills focused on limited reforms. In addition to last year’s law removing criminal penalties for simple possession and expunging past convictions, the state Senate this July passed bills that would extend expungements to include slightly more people and prevent tenants from being evicted solely for legal use of medical marijuana.

This year’s legalization effort was hobbled due to the coronavirus pandemic. “They’re working probably harder than they normally work,” Cuomo said of lawmakers in April, when he was asked about the prospects of legalization.

“In terms of passing legislation remotely, they can do that. That’s up to them,” the governor said. “As far as getting into a very complex issue that requires real analysis and real data and trying to do that on Zoom conferences, I don’t know that that’s the best way to do it, but that’s up to them also.”
 
:buzz: The states surrounding NYS will probably move forward and legalize further in the following months while NYS continues to hem and haw. :horse:

Even with the pandemic, other states have new plans being worked out and implemented while the Governor of NY says its "too complicated" and "the devil is in the details." and essentially gave up trying. NYS's Pot Zsar, Norman Birenbaum hasn't done anything since his interview in March. In the meantime, I'll try to get any gleam of hope that they will move a little faster and perhaps try to keep up with the surrounding states.

New York Will Legalize Marijuana By April And Regulate CBD-Infused Drinks, Governor’s Advisor Says

 

New York Will Legalize Marijuana ‘Soon’ To Aid Economic Recovery From COVID, Governor Cuomo Says


New York Gov. Andrew Cuomo (D) recently said that legalizing marijuana represents a key way the state can recover economically from the coronavirus pandemic.

During a virtual event last week to promote his new book on the state’s COVID-19 response, the governor was asked when New York will legalize cannabis for adult use.

“Soon, because now we need the money,” he said, according to a recording that was obtained by USA Today Network. “I’ve tried to get it done the last couple years.”

“There are a lot of reasons to get it done, but one of the benefits is it also brings in revenue, and all states—but especially this state—we need revenue and we’re going to be searching the cupboards for revenue,” he said in remarks that will be released in full in a podcast in the coming weeks by Sixth & I, which hosted the event. “And I think that is going to put marijuana over the top.”

Cuomo has included legalization in his last two budget proposals, but negotiations between his office and the legislature fell through both times, with sticking points such as how cannabis tax revenue will be allocated preventing a deal from being reached.

A top adviser of his said earlier this month that the plan is to try again to legalize cannabis in New York in early 2021.

“We’re working on this. We’re going to reintroduce this in our budget in January,” he said. “We think we can get it done by April 1.”

Cuomo was similarly asked about legalization as a means to offset the budget deficit caused by the pandemic in May.

While he said it’s the federal government’s “obligation as part of managing this national pandemic that they provide financial relief to state and local governments,” he added that “I support legalization of marijuana passage. I’ve worked very hard to pass it.”

“I believe we will, but we didn’t get it done this last session because it’s a complicated issue and it has to be done in a comprehensive way,” he said.

The governors of New Jersey, New Mexico and Pennsylvania have also made the case that implementing a regulated marijuana program can help their states financially recover from the health crisis.

Cuomo indicated in April that he thought the legislative session was “effectively over” for the year and raised doubts that lawmakers could pass cannabis reform vote remotely via video conferencing amid social distancing measures.

Assembly Majority Leader Crystal Peoples-Stokes (D) made similar comments when asked about the policy in April, though she seemed to signal that she laid partial blame for the failure to enact reform on the governor prioritizing other issues during the pandemic.

In June, a senator said the legislature should include cannabis legalization in a criminal justice reform package, making the case that the policy change is a necessary step especially amid debates over policing reform. That didn’t come to pass, however.

The New York State Association of Counties said in a report released last month that legalizing marijuana for adult use “will provide the state and counties with resources for public health education and technical assistance” to combat the pandemic.

Meanwhile, the state Senate has approved several modest marijuana reform bills in recent months.

The chamber passed a bill in July that broadens the pool of people eligible to have their low-level marijuana convictions automatically expunged. That was preceded by a Senate vote in favor of legislation to prevent tenants from being evicted solely because of their legal use of medical marijuana.

Thanks to a bill expanding cannabis decriminalization in the state that the governor signed last year, the New York State Unified Court System made an announcement last month outlining steps that people can take to clear their records for prior marijuana convictions.

Locally, a local law enacted in New York City this summer bans pre-employment drug testing for marijuana for most positions. It was finalized in July following regulators’ approval of certain exemptions.


 

Majority Of New Yorkers Support Marijuana Legalization, New Poll Shows As Governor Renews Reform Pledge


Support for legalizing marijuana in New York outpaces opposition by a margin of two to one, according to a new poll.

Respondents were asked to rate their level of support for a variety of policy issues. On legalizing cannabis, 61 percent of New Yorkers said they’re in favor of enacting the reform at the state level, compared to 30 percent who are opposed. Nine percent said they’re undecided.

In a separate question, sixty percent of those surveyed similarly said they back federal marijuana legalization, while 30 percent said they’re against the policy and 10 percent weren’t sure.

Demographic breakdowns weren’t made available for any of the new cannabis data.


In the new Spectrum News/Ipsos Poll, New Yorkers were asked: How much do you support or oppose the legalization of marijuana in NYS? 61% support; 30% oppose. See more results. https://t.co/gnY5VrONFPpic.twitter.com/anmNoMv38N
— Spectrum News Albany (@SPECNewsAlbany) October 27, 2020


The survey from Spectrum News and Ipsos—which involved interviews with 1,451 adults from October 7-19—was released days after Gov. Andrew Cuomo (D) said that the state will legalize marijuana “soon,” adding that tax revenue generated from cannabis sales will contribute to economic recovery efforts amid the coronavirus pandemic.

“There are a lot of reasons to get it done, but one of the benefits is it also brings in revenue, and all states—but especially this state—we need revenue and we’re going to be searching the cupboards for revenue,” he said. “And I think that is going to put marijuana over the top.”

Cuomo has included legalization in his last two budget proposals, but negotiations between his office and the legislature fell through both times, with sticking points such as how cannabis tax revenue will be allocated preventing a deal from being reached.

A top adviser of his said earlier this month that the plan is to try again to legalize cannabis in New York in early 2021.

“We’re working on this. We’re going to reintroduce this in our budget in January,” he said. “We think we can get it done by April 1.”

Cuomo was similarly asked about legalization as a means to offset the budget deficit caused by the pandemic in May.

While he said it’s the federal government’s “obligation as part of managing this national pandemic that they provide financial relief to state and local governments,” he added that “I support legalization of marijuana passage. I’ve worked very hard to pass it.”

“I believe we will, but we didn’t get it done this last session because it’s a complicated issue and it has to be done in a comprehensive way,” he said.

Cuomo indicated in April that he thought the 2020 legislative session was “effectively over” for the year and raised doubts that lawmakers could pass cannabis reform vote remotely via video conferencing amid social distancing measures.

Assembly Majority Leader Crystal Peoples-Stokes (D) made similar comments when asked about the policy in April, though she seemed to signal that she laid partial blame for the failure to enact reform on the governor prioritizing other issues during the pandemic.

In June, a senator said the legislature should include cannabis legalization in a criminal justice reform package, making the case that the policy change is a necessary step especially amid debates over policing reform. That didn’t come to pass, however.

The New York State Association of Counties said in a report released last month that legalizing marijuana for adult use “will provide the state and counties with resources for public health education and technical assistance” to combat the pandemic.

Meanwhile, the state Senate has approved several modest marijuana reform bills in recent months.

The chamber passed a bill in July that broadens the pool of people eligible to have their low-level marijuana convictions automatically expunged. That was preceded by a Senate vote in favor of legislation to prevent tenants from being evicted solely because of their legal use of medical marijuana.

Thanks to a bill expanding cannabis decriminalization in the state that the governor signed last year, the New York State Unified Court System made an announcement last month outlining steps that people can take to clear their records for prior marijuana convictions.

Locally, a local law enacted in New York City this summer bans pre-employment drug testing for marijuana for most positions. It was finalized in July following regulators’ approval of certain exemptions.

In other polling news, voters in neighboring New Jersey appear positioned to approve a ballot referendum to legalize cannabis next week.

A survey released last week shows that 65 percent of New Jersey voters are in favor of the reform proposal.

The results are statistically consistent with the prior three polls of Garden State voters from the same firm as well as one from Fairleigh Dickinson University, which similarly found roughly two to one support for the measure. A separate survey released earlier this month by Stockton University showed three to one support for legalizing cannabis among New Jersey voters.
 

Gov. Cuomo On WAMC's Roundtable 11/5/20

(at 15:55 of the interviewthe MJ question begins)
There is a new story that several outlets are carrying about The Governor of NY predicting legalization for 2021. They all stem from this interview.
And the Mayor of NY sent a tweet congratulating NJ.

Let's see if the legislature make an overtures between now and Jan. :sherlock:
 
yeah, yeah, yeah....I think I've sort of heard this from him before.

And please note that the aside of it "being the right policy" comes a distant second in importance to mo' tax money.

Cuomo: This Is the Year Marijuana Finally Gets Legalized in New York



After years of near-misses, Gov. Andrew Cuomo expects New York legislators to finally legalize marijuana in 2021, getting over past opposition and division for one simple reason - the state needs the money.
New Jersey voters legalized marijuana by ballot initiative on Tuesday, putting even more pressure on New York to catch up. Cuomo, in an interview with public radio station WAMC Thursday, said New Jersey was right to do it by ballot because it was faster than legislation.
But either way, he expects a deal with lawmakers next year.
“I think this year it is ripe, because the state is going to be desperate for funding, even with Biden, even with stimulus, even with everything else, we’re still going to be desperate for funding - and it’s also the right policy," Cuomo said, referring to the 2021 legislative session.
New York has already eased penalties for possession of small amounts of marijuana, but full legalization bogged down in the last legislative session amid a fight over how the tax revenue would be spent.
The state faces a giant budget hole of billions of dollars due to the coronavirus pandemic, one that will force massive cuts to education and other public resources without federal aid and more revenue (like marijuana taxes).
"You have such a gap now I think it’s going to be an easier conversation," Cuomo said.
 

Cannabis Legalization in New York: Déjà vu All Over Again?


They say three times is a charm.


There are signs that the state legislature and Governor Cuomo will try, for a third time, to pass legislation approving recreational marijuana in the next session, which begins in January.


Four new states, including New Jersey, passed legalization measures on Election Day, which means New York is surrounded on three sides by states that have opened new markets, or will be opening one soon. Plus, a glance at the state’s enormous out-year budget gaps would make even faithful followers of Nancy Reagan’s "Just Say No" campaign reconsider their position.


There are estimates that legalizing recreational cannabis in New York could bring in $300 million in revenue, annually.


But don’t hold your breath.


In advance of the legislative session, the Citizens' Budget Commission released a report titled, "Getting into the Weeds about Potential Recreational Marijuana Revenues." One of the primary takeaways from the report is that it will likely take several years before the state realizes those revenues.






"Experience in other states shows that it takes approximately three to four years to realize consistent tax revenues," said Patrick Orecki, author of the report and Senior Research Associate with the Citizens Budget Commission.


This presumes the legislature and the governor can come to an agreement.


Among the key obstacles to passage over the last few years have been disagreements about licensure, and questions about how marijuana revenues would be distributed.


Assembly Majority Leader Crystal Peoples-Stokes and Senator Liz Krueger, the sponsors of cannabis legalization legislation, have argued that both the business of selling recreational pot, as well as the revenue realized from those sales, should, at least in part, benefit low-income communities of color.


But in his analysis of marijuana programs in states around the country, Orecki argues the best use of revenues can be found in states like Nevada and Illinois which carved out significant portions of revenue for either a rainy-day fund or for use in a general fund.


"Those are two good uses of the revenues because they become either budget balancing or supplemental revenue, and the legislature can then budget them in the course of regular budget negotiations every year," Orecki told Capital Tonight.


In an emailed response requested by Capital Tonight, Majority Leader Peoples-Stokes stated the following:
"I appreciate the Citizens Budget Commission’s analysis and suggestions on how New York could disburse revenues associated with the sale of cannabis for adult-use. However, I respectfully disagree that revenue should not be committed to a specific purpose.
Communities of color have, for decades, been devastated by the failed war on drugs and mass incarceration. My priority for legalizing cannabis for adult-use has always been to rectify some of the harms done to our communities from the unequal enforcement of marijuana prohibition.
A significant portion of revenues from adult-use cannabis must be statutorily directed to provide ways to improve the communities and afford opportunities for the people most impacted by racial and economic oppression.”

Many of the states that have legalized recreational cannabis earmark revenue the way Peoples-Stokes is suggesting. One example is Colorado, which has one of the most well-established marijuana markets in the country. According to the CBC’s research, half of the state’s revenues from sales goes toward school construction and public school aid. The other half is divided among health, substance abuse services, and law enforcement.


"It’s absolutely appropriate to use a portion of the revenues for administrative costs and to respond directly to externalities that stem from legalization, and it’s something that a lot of other states have done," Orecki told Capital Tonight. "But in general, beyond those costs, it’s most appropriate and in many cases common for a portion of the revenue to instead be transferred to the general fund and then the legislators and the governor can decide to spend that money on purposes that they see fit each year."


It sounds very much like one front in the battle over legalization that the governor and lawmakers have engaged in twice over the past two years.
 

New York NOW segment​

 

Marijuana Legalization Would Raise Revenue To Fill Budget Hole, New York Governor Says


The governor of New York on Wednesday again discussed the fiscal benefits of legalizing marijuana as a group of progressive organizations and lawmakers separately included cannabis reform in a package of criminal justice measures they want prioritized.

Gov. Andrew Cuomo (D) has been facing some pressure to get a budget together and approved early to fill a $15 billion hole. He said that’s one option, but he’d prefer to wait until next year because passing a budget now could mean significant cuts to education and healthcare, in addition to raising taxes, during a time of economic uncertainty.

That said, whenever his administration does work to balance the budget, it will be keeping cannabis reform in mind, he said.

“Are there other ways to get revenue? How about marijuana?” Cuomo said. “Marijuana we were supposed to have done for the past two years anyway, and it would raise revenue. So if the legislature wants to do the budget now, we can do that.”



While the governor has included legalization in his past two annual budget proposals, the reform has consistently stalled amid disagreements over certain provisions such as the tax structure and where to allocate the resulting revenues. But 2021 seems to be shaping up to be a more productive year for enacting the policy change, especially after voters in neighboring New Jersey approved legalization at the ballot box last month.

The top Republican in the New York Assembly said earlier this month that he expects the legislature to legalize cannabis this coming session, for example.

Senate Majority Leader Andrea Stewart-Cousins (D) said last month that she also anticipates that the reform will advance next year, though she noted that lawmakers will still have to decide on how tax revenue from marijuana sales is distributed.

Cuomo also said last month that the “pressure will be on” to legalize cannabis in the state and lawmakers will approve it “this year” to offset economic losses from the coronavirus pandemic.

“You have such a [budget] gap now,” he said. “I think it’s going to be an easier conversation.”

A top aide also confirmed in October that the administration planned to give legalization another try in 2021, and the governor said in a separate recent interview that he felt the reform would be accomplished “soon.”

Senate Democrats are on better footing to advocate for policies they favor since they secured a supermajority during last month’s election. If Cuomo were to veto any bill over details he didn’t like, they could potentially have enough votes to override him.

With that supermajority, legislators are feeling emboldened to take on a wide range of criminal justice issues. A coalition of lawmakers and advocacy groups on Tuesday released a roadmap to that end, and it includes a proposal to legalize marijuana.

“The legislature really needs to pass the Marijuana Regulation and Taxation Act not only to legalize adult use cannabis, but also to reinvest the revenue that it would generate from legalizing marijuana into our communities that have suffered the most from criminalization,” Sen. Julia Salazar (D) said of the plan.

If the state does move to legalize cannabis for adult use, it would enjoy the support of a strong majority of New York voters. According to a poll released last month, residents favor the policy change by a nearly two-to-one ratio.

Cuomo isn’t the only governor who’s thinking about marijuana and the budget. Virginia Gov. Ralph Northam (D) on Wednesday unveiled a budget proposal that “lays the groundwork to legalize marijuana” by including millions of dollars to support efforts to expunge cannabis convictions as well as steps to set up the state to eventually implement a system of commercial sales.
 
I have the perfect plan for legalization in NY. Call off the police, flush the anti-pot laws and then all the state needs to do is walk away. Users in NY are more than capable of tending to their own needs like they always have. Sorry for the rant but trying to convert a gift into a cash cow just pushes my buttons.
 

Marijuana Legalization Would Raise Revenue To Fill Budget Hole, New York Governor Says


The governor of New York on Wednesday again discussed the fiscal benefits of legalizing marijuana as a group of progressive organizations and lawmakers separately included cannabis reform in a package of criminal justice measures they want prioritized.

Gov. Andrew Cuomo (D) has been facing some pressure to get a budget together and approved early to fill a $15 billion hole. He said that’s one option, but he’d prefer to wait until next year because passing a budget now could mean significant cuts to education and healthcare, in addition to raising taxes, during a time of economic uncertainty.

That said, whenever his administration does work to balance the budget, it will be keeping cannabis reform in mind, he said.

“Are there other ways to get revenue? How about marijuana?” Cuomo said. “Marijuana we were supposed to have done for the past two years anyway, and it would raise revenue. So if the legislature wants to do the budget now, we can do that.”



While the governor has included legalization in his past two annual budget proposals, the reform has consistently stalled amid disagreements over certain provisions such as the tax structure and where to allocate the resulting revenues. But 2021 seems to be shaping up to be a more productive year for enacting the policy change, especially after voters in neighboring New Jersey approved legalization at the ballot box last month.

The top Republican in the New York Assembly said earlier this month that he expects the legislature to legalize cannabis this coming session, for example.

Senate Majority Leader Andrea Stewart-Cousins (D) said last month that she also anticipates that the reform will advance next year, though she noted that lawmakers will still have to decide on how tax revenue from marijuana sales is distributed.

Cuomo also said last month that the “pressure will be on” to legalize cannabis in the state and lawmakers will approve it “this year” to offset economic losses from the coronavirus pandemic.

“You have such a [budget] gap now,” he said. “I think it’s going to be an easier conversation.”

A top aide also confirmed in October that the administration planned to give legalization another try in 2021, and the governor said in a separate recent interview that he felt the reform would be accomplished “soon.”

Senate Democrats are on better footing to advocate for policies they favor since they secured a supermajority during last month’s election. If Cuomo were to veto any bill over details he didn’t like, they could potentially have enough votes to override him.

With that supermajority, legislators are feeling emboldened to take on a wide range of criminal justice issues. A coalition of lawmakers and advocacy groups on Tuesday released a roadmap to that end, and it includes a proposal to legalize marijuana.

“The legislature really needs to pass the Marijuana Regulation and Taxation Act not only to legalize adult use cannabis, but also to reinvest the revenue that it would generate from legalizing marijuana into our communities that have suffered the most from criminalization,” Sen. Julia Salazar (D) said of the plan.

If the state does move to legalize cannabis for adult use, it would enjoy the support of a strong majority of New York voters. According to a poll released last month, residents favor the policy change by a nearly two-to-one ratio.

Cuomo isn’t the only governor who’s thinking about marijuana and the budget. Virginia Gov. Ralph Northam (D) on Wednesday unveiled a budget proposal that “lays the groundwork to legalize marijuana” by including millions of dollars to support efforts to expunge cannabis convictions as well as steps to set up the state to eventually implement a system of commercial sales.

You can almost guarantee that our professional political class will not do the right thing just because it’s the right thing.

But, if the can skim mo’ money from the electorate, it’s now a dead cinch that they will support it.

I give Fredo senior zero credit for legalization virtue.

Convince me I’m wrong.
 

New York Lawmakers Prefile Eight Marijuana Bills For 2021 As State Pursues Legalization


New York lawmakers are speeding ahead with plans to reform the state’s marijuana laws in 2021, prefiling eight bills so far to be considered in upcoming session.

And while these new measures each deal with reforming the state’s current medical cannabis program, they come amid a strong push from the governor and legislators to legalize marijuana for adult use next year.

As negotiations continue on that broader reform, seven cannabis bills have been preemptively introduced in the Assembly and one in the Senate. They touch on a wide range of topics—from tenants’ rights for medical cannabis patients to health insurance coverage for marijuana products.

Here’s a summary of what the New York marijuana bills would accomplish:

A00040: This legislation would require a study on how taxes and banking are managed for the medical cannabis market. A report would have to be submitted by January 16, 2022.

A00127: The bill would made a series of revisions to the state’s medical marijuana program. Its primary purpose is to expand who qualifies as a cannabis caretaker who can possess products on a patient’s behalf, adding “facility caregivers” to the list. That includes workers in hospitals, adult care facilities and mental health institutions.

A00169: Under this proposal, the definition of a “serious condition” that qualifies a patient for medical cannabis would be amended. Rather than list out specific eligible maladies, people could qualify for having any “condition, or symptom or complication of the condition or its treatment, for which, in the practitioner’s professional opinion and review of past treatments, the patient is likely to receive therapeutic or palliative benefit from primary or adjunctive treatment with medical use of medical marihuana.”

A00184: This measure would provide for the regulatory “normalizing” of organizations that are permitted to “produce, sell, deliver or distribute” cannabis.

A00242: If enacted, medical marijuana would be considered a “prescription drug” that’s eligible for health insurance coverage.

A00413: The bill would add dysmenorrhea, or pain linked to menstrual cramps, to the list of conditions that qualify patients for medical cannabis.

A00531: This would remove the “serious” designation as a requirement to qualify for medical marijuana. It also increase the amount of cannabis that a patient can purchase at one time from a 30- to 60-day supply. A medical marijuana research program, along with applicable licenses, would be created.

S00183: Patients could not be evicted from residential properties based solely on their certified use of medical cannabis under this proposal. The Senate approved similar legislation in June.

All of these pieces of legislation are being introduced as New York lawmakers pursue recreational marijuana legalization—a policy change that’s been in the works for the past couple years.

Gov. Andrew Cuomo (D) recently said that enacting a regulated cannabis market and taxing products would offset economic losses due to the coronavirus pandemic.

While the governor has included legalization in his past two annual budget proposals, the reform has consistently stalled amid disagreements over certain provisions such as the tax structure and where to allocate the resulting revenues. But 2021 seems to be shaping up to be a more productive year for enacting the policy change, especially after voters in neighboring New Jersey approved legalization at the ballot box last month.

The top Republican in the New York Assembly said earlier this month that he expects the legislature to legalize cannabis this coming session, for example.

Senate Majority Leader Andrea Stewart-Cousins (D) said last month that she also anticipates that the reform will advance next year, though she noted that lawmakers will still have to decide on how tax revenue from marijuana sales is distributed.

Cuomo also said last month that the “pressure will be on” to legalize cannabis in the stateand lawmakers will approve it “this year” to boost the economy amid the health crisis.

“You have such a [budget] gap now,” he said. “I think it’s going to be an easier conversation.”

A top aide also confirmed in October that the administration planned to give legalization another try in 2021, and the governor said in a separate recent interview that he felt the reform would be accomplished “soon.”

Senate Democrats are on better footing to advocate for policies they favor since they secured a supermajority during last month’s election. If Cuomo were to veto any bill over details he didn’t like, they could potentially have enough votes to override him.

With that supermajority, legislators are feeling emboldened to take on a wide range of criminal justice issues. A coalition of lawmakers and advocacy groups this month released a roadmap to that end, and it includes a proposal to legalize marijuana.
 

New York Lawmakers File Marijuana Legalization Bill For 2021 Session


New York lawmakers representing nearly a third of the state Senate on Tuesday prefiled a bill to legalize marijuana.

Gov. Andrew Cuomo (D) has emphasized the need to enact the reform in 2021, arguing that it could help offset economic losses from the coronavirus pandemic and promote social equity. And now there’s a new potential vehicle for legalization to happen.

Sen. Liz Krueger (D) and 18 cosponsors filed the legislation, which is identical to a bill she sponsored last year and has now been referred to the Senate Finance Committee. It would make it so adults 21 and older would be able to purchase cannabis and cultivate up to six plants for personal use.

This is the fifth version of the legalization bill that the senator has introduced since 2013. But advocates are hopeful that, given the evolved marijuana policy landscape in the region and nationally, as well as the governor’s embrace of reform, this year will see the measure advance.

“It is long past time for New York State to catch up with our neighbors and legalize, tax, and regulate adult-use marijuana,” Krueger told Marijuana Moment. “To my mind the most compelling reason for doing so has always been to end the unnecessary and destructive impact of the so-called ‘War on Drugs’ on communities of color.”

“But now, faced with the impacts of the pandemic, the potential for legalization to create new jobs, economic growth, and out-year tax revenue for the state is more important than ever,” she said. “I am cautiously optimistic about the chances of getting this done and done right—in a way that ensures that resources are directed to communities most directly impacted by the failed policies of prohibition.”

Text of the legislation includes a series of provisions aimed at restorative justice and social equity. For example, it provides for automatic expungements for those with prior cannabis convictions and it also includes low- or zero-interest loans for qualifying equity applicants who wish to start marijuana businesses.

An 18 percent tax would be imposed on cannabis sales. After covering the costs of implementation, revenue from those taxes would go toward three areas: 25 percent for the state lottery fund, so long as it’s designated for the Department of Education; 25 percent for a drug treatment and public education fund and 50 percent for a community grants reinvestment fund.

The bill could finally give advocates the legislative win they’ve been working towards.

Cuomo has attempted to enact legalization through the budget for the past two years—and he’s expected to give it another try in 2021, based on recent comments from an aide and the governor—but it hasn’t come to fruition. That’d due in large part to disagreements over certain provisions such as the tax structure and where to allocate the resulting revenues

“I look forward to working with the governor and my legislative colleagues to finally make legalization a reality for New Yorkers,” Krueger said of the renewed effort for 2021.

New York lawmakers have made clear their intent to reform the state’s cannabis laws in the new session. Eight separate bills that focus on medical marijuana were recently prefiled, and they touch on a wide range of topics—from tenants’ rights for medical cannabis patients to health insurance coverage for marijuana products.

The top Republican in the New York Assembly said last month that he expects the legislature to legalize cannabis this coming session, for example.

Senate Majority Leader Andrea Stewart-Cousins (D) said in November that she also anticipates that the reform will advance next year, though she noted that lawmakers will still have to decide on how tax revenue from marijuana sales is distributed.

Cuomo also said that month that the “pressure will be on” to legalize cannabis in the state and lawmakers will approve it “this year” to boost the economy amid the health crisis.

“You have such a [budget] gap now,” he said. “I think it’s going to be an easier conversation.”

Senate Democrats are on better footing to advocate for policies they favor since they secured a supermajority during November’s election. If Cuomo were to veto any bill over details he didn’t like, they could potentially have enough votes to override him.

“New York still has the opportunity to lead on cannabis legalization by establishing the most ambitious legalization program in the country and implementing cannabis legalization from a social justice lens, where other states have fallen short,” Melissa Moore, New York state director for the Drug Policy Alliance, told Marijuana Moment. “Governor Cuomo and the legislature can cement New York as the national model for marijuana legalization by centering community reinvestment, equity and justice within our comprehensive reform.”

“We can do this,” she said, “by making our legalization effort one that benefits those who have been harmed by prohibition and focusing on creating equitable jobs and small businesses across the state as New York looks to recover from the pandemic.”

The push to legalize in New York could also be bolstered by the fact that voters in neighboring New Jersey approved a legalization referendum in November.
 

New York Governor Unveils Updated Marijuana Legalization Plan For 2021


The governor of New York unveiled basic details about his proposed marijuana legalization plan for 2021 on Wednesday.

One day after lawmakers representing nearly one-third of the state Senate prefiled a separate comprehensive cannabis reform bill, Gov. Andrew Cuomo (D) said legalization “should have been passed years ago.”

It was expected that the governor would be putting forward another legalization proposal, as he’s included the reform in annual fiscal plans over the past two years and often discussed the need to generate tax revenue from marijuana sales to boost the state economy amid the coronavirus pandemic.



“I think too many people have been imprisoned and incarcerated and punished,” Cuomo said at a press briefing on Wednesday. “Too many of those people are black, Latino and poor. It’s exaggerated the injustice of the justice system.”

“For years I’ve tried to pass it, but this is a year where we do need the funding and a lot of New Yorkers are struggling, so I think this year will give us the momentum to get it over the goal line,” he added. “As everyone knows, Massachusetts has legalized marijuana. New Jersey is going to legalize marijuana. So, what are we really talking about at this point?”

Cuomo’s proposal involves establishing a new Office of Cannabis Management to regulate the state’s marijuana and hemp industries.

The governor’s office said the plan will create “an equitable structure” for the cannabis market “by offering licensing opportunities and assistance to entrepreneurs in communities of color who have been disproportionately impacted by the war on drugs.”

The state is expected to generate $300 million in annual marijuana tax revenue once the program is fully operational.

“Despite the many challenges New York has faced amidst the COVID-19 pandemic, it has also created a number of opportunities to correct longstanding wrongs and build New York back better than ever before,” Cuomo said in a press release. “Not only will legalizing and regulating the adult-use cannabis market provide the opportunity to generate much-needed revenue, but it also allows us to directly support the individuals and communities that have been most harmed by decades of cannabis prohibition.”

While few additional details are available about the governor’s plan, his office said it “reflects national standards and emerging best practices to promote responsible use, limiting the sale of cannabis products to adults 21 and over and establishing stringent quality and safety controls including strict regulation of the packaging, labeling, advertising and testing of all cannabis products.”

“Cannabis regulation also offers the opportunity to invest in research and direct resources to communities that have been most impacted by cannabis prohibition,” the announcement says.

Lt. Gov. Kathy Hochul (D) said on Wednesday that she agrees with Cuomo that “our State needs to finally legalize recreational marijuana with an equitable program that generates much-needed revenue for New York.”

The separate bill introduced in the Senate by Sen. Liz Krueger (D) and 18 other lawmakers this week is identical to a version she filed last year that did not advance.

While legislators and the governor are both generally in favor of ending prohibition and establishing a regulated marijuana market, there have been ongoing disagreements over certain provisions such as the tax structure and where to allocate the resulting revenues.

It’s immediately not clear to what extent Cuomo’s new plan will address those concerns, but it is the case that the legislature will have more influence this year after Senate Democrats secured a supermajority in the November election. If the governor were to veto any bill over details he didn’t like, they could potentially have enough votes to override him.
 

New York Governor Releases More Details On Marijuana Legalization Proposal


New York Gov. Andrew Cuomo (D) has released more details of his marijuana legalization proposal, including plans to reinvest in communities most impacted by the war on drugs.

Following his State of the State address last week, in which the governor said enacting the reform could boost the economy while promoting social equity, he unveiled an outline of his agenda that provides more insights into what the state’s legal cannabis market could look like. Next, he’s expected to release the full budget proposal on Tuesday, which will contain much more detailed legislative language.

The State of the State Book released on Friday says Cuomo’s upcoming proposal would create an Office of Cannabis Management to regulate the program, establish national standards and best practices to encourage responsible marijuana consumption and provide for “robust social and economic equity benefits to ensure New York’s law will create an egalitarian adult-use market structure that does not just facilitate market entry but ensures sustained market share for entrepreneurs in communities that have been most harmed by cannabis prohibition.”

Notably, it also states that the plan will “correct past harms by investing in areas that have disproportionally been impacted by the war on drugs, understanding that expunging past cannabis convictions helps to correct the injustice faced on the day that someone was arrested, but fails to correct the lasting harms that arrest has had on citizens, families, and communities.”

That’s important, as the governor in past years has pushed for marijuana tax revenue to be put into the state’s general fund, rather than specifically allocating resources for community reinvestment, as some lawmakers and advocates have urged.

That said, it remains to be seen exactly how the governor’s forthcoming budget will go about “investing” in communities that have been harmed by past prohibition enforcement and whether it will be deemed adequate by legislators and activists who have balked at his past proposals.

Cuomo has included legalization in his last two annual budget plans, but the issue has consistently stalled over details in negotiations.

That said, the legislature will have more influence this year after Senate Democrats secured a supermajority in the November election. If Cuomo were to veto any bill over details he didn’t like, they could potentially have enough votes to override him.

The governor’s new outline also talks about making investments in research into harm reduction and education campaigns to deter youth use and impaired driving.

“Cannabis legalization will create more than 60,000 new jobs, spurring $3.5 billion in economic activity and generating an estimated $300 million in tax revenue when fully implemented,” the document says.

A separate section describes plans to bolster the state’s hemp industry.

To accomplish that, Cuomo will call together a workgroup “composed of hemp growers, researchers, producers, processors, manufacturers, and trade associations to make recommendations for the further development of hemp as a multi-use agricultural commodity and a mature cannabinoid wellness market.”

“The hemp workgroup will explore ways to provide more opportunities for New York growers and manufacturers and work to help facilitate the development of safe New York products that will meet the needs of informed consumers,” the plan says. The group’s recommendations could build upon regulations for hemp and CBD that were developed last year.

But for many advocates, it’s recreational legalization that has the spotlight this session. And to that end, New York lawmakers have made comments in recent months that indicate they feel the reform is inevitable, despite differing opinions on the specifics.

The top Republican in the New York Assembly said last month that he expects the legislature to legalize cannabis this coming session.

Senate Majority Leader Andrea Stewart-Cousins (D) said in November that she also anticipates that the reform will advance next year, though she noted that lawmakers will still have to decide on how tax revenue from marijuana sales is distributed.

Cuomo also said that month that the “pressure will be on” to legalize cannabis in the state and lawmakers will approve it “this year” to boost the economy amid the health crisis.

The push to legalize in New York could also be bolstered by the fact that voters in neighboring New Jersey approved a legalization referendum in November.

Legislators prefiled a bill to legalize cannabis in New York earlier this month. The legislation, introduced in the Senate by Sen. Liz Krueger (D) and 18 other lawmakers, is identical to a version she filed last year that did not advance.

Separately, several other bills that focus on medical marijuana were recently prefiled in New York, and they touch on a wide range of topics—from tenants’ rights for medical cannabis patients to health insurance coverage for marijuana products.
 

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