Law New York

[momofthegoons]

Cuomo’s New York Marijuana Legalization Plan Draws Mixed Reviews From Advocates​

After much anticipation, the full text of New York Gov. Andrew Cuomo’s (D) marijuana legalization proposal was released late Tuesday night as part of his budget request for 2021.

So far, the measure has been met with mixed reviews from advocates and stakeholders. While many feel encouraged that the groundwork seems to have been laid for a legal cannabis market, some are taking issue with provisions related to equity and regulatory control, as well as a continued prohibition on home cultivation. The proposal also lacks license categories for delivery services and on-site consumption.

The governor has released various details about his legalization plan in recent weeks, but this is the first time that the specific legislative language is available. Cuomo has twice attempted to enact the policy change through previous budgets, only for the idea to stall amid disagreements over details with lawmakers. This time around, the administration and legislators seem confident reform will advance, especially in light of legalization being enacted in neighboring New Jersey.

But based on feedback from advocates, it appears that there will still be significant efforts to amend the governor’s proposal as it is considered by the legislature.

Here are some of the main features of Cuomo’s legislation:

-There would be no home grow option for medical cannabis patients or recreational consumers. The governor’s budget proposal last year did include the option for patients but excluded the adult-use market—a decision that prompted controversy, especially after it was revealed that major marijuana companies urged the governor to continue criminalizing home cultivation.

-Cuomo and his budget director on Tuesday touted a new provision allocating $100 million in cannabis tax revenue to grants for communities most impacted by prohibition over four years. But advocates say that amount is far too little, which may create conflict when the bill heads to the legislature, where leaders have emphasized the need to aid people from communities harmed by the drug war.

-When it comes to local control, individual municipalities with populations of 100,000 or more will have the option to opt out of allowing marijuana businesses to operate in their area. The way the legislation is written, if a county decides to opt out, it wouldn’t apply to any cities within its jurisdiction that also have a population of 100,000 or more unless they proactively chose to enact their own ban. They have until the end of 2021 to opt out.

-The bill does not create licenses for delivery services or for on-site consumption at dispensaries, but does allow regulators to create additional license types, which leaves the door open for those categories to potentially come online in the future. It also provides for the issuance of caterer’s permit, which would allow the “service of cannabis products at a function, occasion or event in a hotel, restaurant, club, ballroom or other premises” where marijuana could “lawfully be sold or served” during certain hours.

-The proposal generally disallows vertical integration for adult-use cannabis businesses, preventing them from having ownership over everything from production to sales. However, existing medical cannabis organizations may be able to submit applications for recreational licenses and stay vertically integrated.

-Advocates are also pushing back against the concentration of power that would be given to an individual executive director of the proposed new Office of Cannabis Management, which would be responsible for regulating the marijuana and hemp markets.

-The governor is calling for three types of taxes on recreational cannabis products: one based on THC content to be applied at the wholesale level, a 10.25 percent surcharge tax at the point of purchase by consumers and applicable state and local sales taxes.

Activists expect that this proposal will serve as a starting point for negotiations with legislators, several of whom may well push for a greater emphasis on social equity in legalization legislation.

“It is encouraging that Governor Cuomo has now acknowledged the need to devote resources to social equity and community reinvestment in his plan to legalize adult use cannabis, but it is disappointing that his proposal, as stated, devotes only a fraction of the funding that is needed in these program areas,” Melissa Moore, New York State director of the Drug Policy Alliance, said in a press release.

“We, along with our community and legislative allies, have long said that legalization needs to be done right if it is to be done right now—that means centering communities that have borne the brunt of racist enforcement for far too long. Governor Cuomo has listened to the calls to include social equity in his legalization platform. But to the communities that have been brutalized by the immoral war on drugs for so long, the current proposal does not go even remotely far enough. We will not give up on getting this done right.”

Cuomo has recognized the need to enact the reform to promote racial justice and social equity, but he’s also repeatedly emphasized the economic opportunity that legalization represents, especially amid the coronavirus pandemic.

The administration is projecting that the state will take in $350 million annually in marijuana tax revenue once the program is up and running. Eventually, $50 million a year will go to social equity grants to promote participation in the industry by disadvantaged people.

A memo on budget revenue states that the proposal “would establish a robust social and economic equity program” that will involve “providing technical assistance, training, loans and mentoring to qualified social and economic equity applicants.”

Under the proposal, regulations for the state’s industrial hemp program seem as though they would go largely unchanged compared to the rules that took effect this year.

Unlike past sessions, 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.

To that end, New York’s legal cannabis market could end up looking more like what’s outlined in a bill introduced by Sen. Liz Krueger (D) and 18 cosponsors at the beginning of this month. The legislation would make it so adults 21 and older would be able to purchase cannabis and cultivate up to six plants for personal use.

It would also provide 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.

In any case, there’s growing recognition in the state that legalization is an inevitability.

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 in 2021, 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.

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.

 

[Baron23]

Cuomo’s New York Marijuana Legalization Plan Draws Mixed Reviews From Advocates​

After much anticipation, the full text of New York Gov. Andrew Cuomo’s (D) marijuana legalization proposal was released late Tuesday night as part of his budget request for 2021.

So far, the measure has been met with mixed reviews from advocates and stakeholders. While many feel encouraged that the groundwork seems to have been laid for a legal cannabis market, some are taking issue with provisions related to equity and regulatory control, as well as a continued prohibition on home cultivation. The proposal also lacks license categories for delivery services and on-site consumption.

The governor has released various details about his legalization plan in recent weeks, but this is the first time that the specific legislative language is available. Cuomo has twice attempted to enact the policy change through previous budgets, only for the idea to stall amid disagreements over details with lawmakers. This time around, the administration and legislators seem confident reform will advance, especially in light of legalization being enacted in neighboring New Jersey.

But based on feedback from advocates, it appears that there will still be significant efforts to amend the governor’s proposal as it is considered by the legislature.

Here are some of the main features of Cuomo’s legislation:

-There would be no home grow option for medical cannabis patients or recreational consumers. The governor’s budget proposal last year did include the option for patients but excluded the adult-use market—a decision that prompted controversy, especially after it was revealed that major marijuana companies urged the governor to continue criminalizing home cultivation.

-Cuomo and his budget director on Tuesday touted a new provision allocating $100 million in cannabis tax revenue to grants for communities most impacted by prohibition over four years. But advocates say that amount is far too little, which may create conflict when the bill heads to the legislature, where leaders have emphasized the need to aid people from communities harmed by the drug war.

-When it comes to local control, individual municipalities with populations of 100,000 or more will have the option to opt out of allowing marijuana businesses to operate in their area. The way the legislation is written, if a county decides to opt out, it wouldn’t apply to any cities within its jurisdiction that also have a population of 100,000 or more unless they proactively chose to enact their own ban. They have until the end of 2021 to opt out.

-The bill does not create licenses for delivery services or for on-site consumption at dispensaries, but does allow regulators to create additional license types, which leaves the door open for those categories to potentially come online in the future. It also provides for the issuance of caterer’s permit, which would allow the “service of cannabis products at a function, occasion or event in a hotel, restaurant, club, ballroom or other premises” where marijuana could “lawfully be sold or served” during certain hours.

-The proposal generally disallows vertical integration for adult-use cannabis businesses, preventing them from having ownership over everything from production to sales. However, existing medical cannabis organizations may be able to submit applications for recreational licenses and stay vertically integrated.

-Advocates are also pushing back against the concentration of power that would be given to an individual executive director of the proposed new Office of Cannabis Management, which would be responsible for regulating the marijuana and hemp markets.

-The governor is calling for three types of taxes on recreational cannabis products: one based on THC content to be applied at the wholesale level, a 10.25 percent surcharge tax at the point of purchase by consumers and applicable state and local sales taxes.

Activists expect that this proposal will serve as a starting point for negotiations with legislators, several of whom may well push for a greater emphasis on social equity in legalization legislation.

“It is encouraging that Governor Cuomo has now acknowledged the need to devote resources to social equity and community reinvestment in his plan to legalize adult use cannabis, but it is disappointing that his proposal, as stated, devotes only a fraction of the funding that is needed in these program areas,” Melissa Moore, New York State director of the Drug Policy Alliance, said in a press release.

“We, along with our community and legislative allies, have long said that legalization needs to be done right if it is to be done right now—that means centering communities that have borne the brunt of racist enforcement for far too long. Governor Cuomo has listened to the calls to include social equity in his legalization platform. But to the communities that have been brutalized by the immoral war on drugs for so long, the current proposal does not go even remotely far enough. We will not give up on getting this done right.”

Cuomo has recognized the need to enact the reform to promote racial justice and social equity, but he’s also repeatedly emphasized the economic opportunity that legalization represents, especially amid the coronavirus pandemic.

The administration is projecting that the state will take in $350 million annually in marijuana tax revenue once the program is up and running. Eventually, $50 million a year will go to social equity grants to promote participation in the industry by disadvantaged people.

A memo on budget revenue states that the proposal “would establish a robust social and economic equity program” that will involve “providing technical assistance, training, loans and mentoring to qualified social and economic equity applicants.”

Under the proposal, regulations for the state’s industrial hemp program seem as though they would go largely unchanged compared to the rules that took effect this year.

Unlike past sessions, 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.

To that end, New York’s legal cannabis market could end up looking more like what’s outlined in a bill introduced by Sen. Liz Krueger (D) and 18 cosponsors at the beginning of this month. The legislation would make it so adults 21 and older would be able to purchase cannabis and cultivate up to six plants for personal use.

It would also provide 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.

In any case, there’s growing recognition in the state that legalization is an inevitability.

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 in 2021, 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.

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.

Taxing the crap out of it does not surprise me

 

[Cuckfumbustion]

Taxing the crap out of it does not surprise me

When I read the article yesterday, I could hear you shaking your head to this. And I'm disgusted by this blatant cash grab of a proposal. He has such a dim view of the 'marketplace' and the sophistication of the average user. Didn't all those open meetings and forums enlighten him to anything?

As a positive, he did change his position on concentrates. Even if it might have came about due to his 'THC' tax.

Hopefully the senate will come up with a counter offer and it won't get derailed for another year, fingers crossed.

 

[momofthegoons]

Top New York Lawmaker Says Pass Legislature’s Marijuana Legalization Bill Before Governor Negotiations​

A top New York lawmaker said on Wednesday that the legislature should first move to pass a marijuana legalization bill that she introduced before entering into any negotiations with the governor’s office about the separate cannabis plan he recently unveiled.

While Gov. Andrew Cuomo (D) included a proposal to legalize adult-use marijuana in his latest budget request released this month, several provisions of the measure have already proved controversial with advocates and would likely lead to a standoff with legislative leaders.

To prevent another breakdown in negotiations over the details—as has happened the last two times the governor put legalization in his budget request—Assembly Majority Leader Crystal Peoples-Stokes (D) said the legislature should start by passing her legislation and then work with Cuomo’s office to find a middle ground.

“In some ways I’m pleased that the governor has submitted a proposal again,” she toldSpectrum News. “But I do think that, in all honesty, this is the third time that he’s done this, and so I think the proper thing for us to do as a legislature is to approve the bill that [Sen. Liz Krueger (D)] and I’ve been carrying for the last six years.”

“I think we should approve our bill on the floor and then we should begin negotiating with the governor to get through the budget process,” she said.

A final New York budget is due to be enacted by April 1, meaning that the top assemblymember wants lawmakers to pass the legislature’s own legalization bill within the next several weeks.

“The governor has taken an action,” she said. “Now I think it’s critical for the legislature to take an action. And then based on that we should begin the negotiations to see what we come out with.”

Peoples-Stokes outlined some of the specific issues she has with the governor’s proposal, namely as they concern social equity. She said, for example, that Cuomo’s plan to put a portion of marijuana tax revenue toward equity grants for communities most impacted by the drug war was a step in the right direction but should be codified in statute.

“I think it’s a much longer process, and I don’t think that you can just go year-by-year. You’re going to have to have a consistent process to really have impact on people’s lives, so I’d like to see it in statute,” Peoples-Stokes said. “By the way, the governor has put it in his budget three times, but he’s not governor for life. There’s going to be a governor after him. And I think that we should have it in statute so that it’s clear that there is a commitment to these people who have given so much to get us to this point. It’s only fair.”

Additionally, the assemblywoman addressed a provision of the governor’s plan that would increase penalties for selling marijuana to people under 21—making it a class D felony punishable by up to 2.5 years in prison instead of a misdemeanor as it currently is.

“Why would we want to make it more difficult for people? No, you should not be selling this product to anyone under 21, nor should you be selling them cigarettes or alcohol or anything else like that. But you should not have a felony as a result of it, so I think that that bears some additional conversation,” she said. “And again, I believe once we get our legislation approved, then we can begin a negotiation process to come up with the right bill that will have the right impact.”

Peoples-Stokes said that a key difference in how she and the governor are approaching this policy is that her interest is to “to save people’s lives,” whereas Cuomo seems largely interested in closing the state’s budget gap, while still addressing social equity to an extent.

“Until we fix these issues, we’re not going to heal as a society,” she said. “We’re not going to bring things into fruition where they need to be.”

The top lawmaker left room for making a deal on how much cannabis revenue should be earmarked to help people from communities harmed by the drug war.

“I’m not wedded to 50 percent,” she said. “Although that’s where we start, because there’s always room to negotiate.”

Meanwhile, the governor’s assistant counsel for health argued in a New York State Bar Association webinar this week that his legalization plan does represent a serious move toward equity, saying that the proposed grant money is “a significant piece of the revenue that’s being reinvested to try to repair some of the effects of a really wrongheaded war on drugs.”

In an interview with Marijuana Moment this week, Lt. Gov. Kathy Hochul (D) also addressed advocates’ concerns about certain policies that made their way into Cuomo’s proposal. She said that the increased penalties for underage sale reflects the administration’s interest in “making sure that no one under the age of 21 is participating” in the marijuana market.

However, she left the door open for revisions, saying that “much of it is going to be negotiated with the legislature, and all these details can be resolved with their input as well.”

Another component that activists hope will change concerns the lack of a home cultivation option in the governor’s request. The lieutenant governor said that while such activity would not be allowed under the budget proposal as submitted, “everything is always on the table” as the administration works with legislators to enact legalization.

The separate bill being carried by Peoples-Stokes and Krueger does include a home cultivation option, allowing adults 21 and older to grow up to six plants for personal use.

It would also provide 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.

Unlike in past sessions, 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.

In any case, there’s growing recognition in the state that legalization is an inevitability.

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 in 2021, 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.

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.

 

[momofthegoons]

​

Marijuana Delivery Services Added To New York Governor’s Revised Legalization Proposal​

The governor of New York on Tuesday revealed details of an amended budget plan to legalize marijuana, with new provisions to allow cannabis delivery services and a refined approach to penalties for unlawful sales.

Gov. Andrew Cuomo (D) first announced that he would be sending a revised version of his reform proposal to the legislature on Monday. The hope is that these changes will satisfy lawmakers and advocates who took issue with several components of his original plan, which was filed last month.

There are three main amendments: 1) allow marijuana deliveries, 2) lower penalties for selling cannabis to underage people or illegally selling large volumes of marijuana and 3) create a new framework for how social equity grants are distributed.

“As we work to reimagine, rebuild and reopen New York, we’re taking every opportunity to address and correct decades of institutional wrongs to build back better than ever before,” Cuomo said in a press release. “We know that you cannot overcome a problem without first admitting there is one.”

“Our comprehensive approach to legalizing and regulating the adult-use cannabis market provides the opportunity to generate much-needed revenue, but it also enables us to directly support the communities most impacted by the war on drugs by creating equity and jobs at every level, in every community in our great state,” he said.

The governor said that adding a delivery licensing option will open up opportunities to participate in the industry with a lower cost of entry. There would be a local opt-out option for individual jurisdictions to ban delivery services, however.

Cuomo’s decision to revise his proposal to lower penalties for selling cannabis to those under 21 is directly responsive to criticism from advocates over his original plan. Advocates and legislators said that making such activity a class D felony punishable by up to 2.5 years in prison, as it was initially drafted, was counterproductive to the goal of ending marijuana criminalization and would disproportionately impact black New Yorkers.

Now the amended measure would make underage cannabis sales a class A misdemeanor that carries a maximum $1,000 fine and up to a year in jail.

The governor’s proposal “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,” his office said.

With respect to social equity, the amended plan doesn’t seem to increase grant funding as advocates had called for; rather, Cuomo lays out specifics on how the funds will be managed and what those dollars will specifically support.

Eligible community-based nonprofits and local governments could apply for grants to go to services like job training, mental health treatment, housing and financial literacy. Funds, which will total $100 million over the first four years of legalization and then $50 million annually after that, may “also be used to further support the social and economic equity program,” it says.

The change concerns how the money will be distributed. Grants would be administered by the Empire State Development Corporation and allocated through the Department of State in coordination with the departments of Labor and Health, the Division of Housing and Community Renewal and the offices of Addiction Services and Child and Family Services. The Division of Budget would also have to sign off on how the grants are distributed.

It remains to be seen whether these amendments will meet the standards of legislative leaders who’ve strongly pushed back against Cuomo’s initial proposal. It does seem to address some key concerns, but it maintains, for example, a prohibition on home cultivation that advocates view as central to ensuring equitable access to cannabis products.

“After advocates highlighted shortcomings in Gov. Cuomo’s marijuana legalization plan, the governor has announced amendments to his proposal,” Melissa Moore, New York State Director of the Drug Policy Alliance, said. “By reducing criminal penalties and allowing marijuana delivery services, the Governor has taken steps to address decades of disparate marijuana criminalization. There’s no question this shift comes in response to powerful organizing for marijuana justice across the state and in the legislature.”

The full legislative text of the Cuomo’s 30-day budget amendments have not yet been made available, and so some of the specific details of how his plan would change are unknown for now.

A comprehensive bill supported by top lawmakers and advocates that’s been introduced in the legislature does include a home grow option—one of several differences that could make or break an agreement ahead of the April 1 budget deadline.

Earlier this month, Lt. Gov. Kathy Hochul (D) told Marijuana Moment in an interview that there would be room for revisions to the governor’s plan, stating that “much of it is going to be negotiated with the legislature, and all these details can be resolved with their input as well.”

Ongoing areas of disagreement have led some lawmakers to push for the passage of the separate legalization bill first and then begin negotiations with Cuomo after that’s done.

Assembly Majority Leader Crystal Peoples-Stokes (D) said recently that “[the Marijuana Regulation and Taxation Act] should be passed on the floor of the legislature,” referring to a separate plan filed by lawmakers. “There are a number of things that need to be fixed [in the governor’s proposal], and if they’re not fixed, then we’ll be here next year trying to do the same thing.”

Moore said that while the changes to the governor’s plan “are a move in the right direction, they are not a substitute for the more comprehensive Marijuana Reform and Taxation Act (MRTA), which remains the gold standard reform bill in the Legislature.”

“That must be the starting point as it has stronger equity and community reinvestment provisions and a more balanced governance structure for the Office of Cannabis Management than the Governor’s proposal,” she said. “We urge its swift passage to secure justice, jobs, equity, and true community investment for millions of New Yorkers.”

Cuomo made clear on Monday that he sees the budget process as the way to enact the policy change.

“It is a controversial topic. It’s a controversial and a difficult vote. I get it,” he said. “I believe if we don’t have it done by the budget, we’re not going to get it done. And I think it would be a failing if we don’t get it done this year and I think that would be a mistake.”

“We’re setting up a new bill that reflects the conversations we’ve had, but I’m hopeful that we can come to an agreement and we can get it done,” he added. “But I believe—because I’ve seen this movie before—if we don’t get it done by April 1, we won’t get it done.”

This is the third year in a row that Cuomo has included a legalization proposal in his budget plan. The last two times, negotiations with the legislature stalled amid disagreements over certain components such as the tax structure for the market and funding for social equity programs.

Regardless of which direction the legislature ultimately goes on this issue, there’s growing recognition in the state that legalization is an inevitability.

The top Republican in the New York Assembly said in December 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 in 2021, 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.

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.

 

[Baron23]

I think Cuomo has bigger problems this week, yeah?

 

[Cuckfumbustion]

I think Cuomo has bigger problems this week, yeah?

Yep, that is a factor. Another factor, could the state senate overturn any of the guv's proposal and press forward? Or perhaps the replacement guv's proposal? Possibly Jeff Zucker? What a tangled web, indeed.

 

[Baron23]

Possibly Jeff Zucker?

As Governor?

 

[momofthegoons]

Hemp farmers prepare for lawsuit against Cuomo administration​

Hemp farmers are laying the groundwork for a lawsuit against New York in response to proposed state regulations that would prohibit the sale of hemp flower.

More than $3,500 has been raised for a legal fund that would be used to pursue an injunction allowing the sale of hemp flower, according to the online fundraiser.

“This is not a publicity stunt or merely an attempt to extract some vague concessions from NYS; this is a serious legal case that – once initiated – has the law on its side, and has an outstanding legal team to bring about meaningful changes for our industry,” reads the fundraising appeal.

A ban on hemp flower would be particularly problematic for small farmers in New York, who are hoping to become boutique style retailers, like a craft brewery. The state Department of Health has argued that the prohibition is in keeping with the state’s effort to curtail smoking generally.

The public comment period on the proposed rules ended in January and the state DOH is in the process of reviewing the input it received. Revised changes to the regulations are expected later this month, but there is not likely to be significant revisions from what was proposed in the fall, according to an industry stakeholder.

The Agriculture Committee chairs in the legislature, Donna Lupardo and Michelle Hinchey, have introduced legislation that would supersede the regulations from the state DOH, ensuring that hemp flower could be grown and sold in New York. The Assembly bill began moving through the committee process on Tuesday.

The legislative memorandum notes that while hemp legislation and rules have been considered in Albany, an industry emerged under the existing regulatory framework. “Hemp flower was grown, packaged, and sold to a large customer base; products that will be illegal under the DOH framework,” reads the memo.

 

[momofthegoons]

​

New York Governor Reveals Amendments To Marijuana Legalization Plan Weeks Before Budget Deadline​

New York Gov. Andrew Cuomo (D) has released the full text of amendments to his marijuana legalization plan that he hopes will resolve disagreements with legislative leaders over his original proposal.

The main changes would allow cannabis delivery services, specify how social equity grant funding is distributed and lower the proposed penalty for selling marijuana to people under 21, all of which were previewed earlier last week.

The governor’s revised proposal also includes “technical changes such as modify the adult-use cannabis retail dispenser definition, require returns to be filed electronically, establish the ability to revoke a registration for possession of illicit cannabis and exempt cannabis sold to a person with a research cannabis license from sales and excise taxes,” a summary states.

Cuomo first announced that he would be sending a revised version of his reform proposal to the legislature last Monday and then provided an outline of the changes the next day.

The decision to revise his plan to lower penalties for selling cannabis to those under 21 is directly responsive to criticism from advocates over his original plan. Advocates and legislators said that making such activity a class D felony punishable by up to 2.5 years in prison, as it was initially drafted, was counterproductive to the goal of ending marijuana criminalization and would disproportionately impact black New Yorkers.

Here’s the new text of the penalties provision:
“A person is guilty of criminal sale of cannabis in the third degree when he knowingly and unlawfully sells any amount of cannabis or concentrated cannabis to any person under twenty-one years of age. In any prosecution for unlawful sale of cannabis or concentrated cannabis to someone under twenty-one years of age pursuant to this section, it is an affirmative defense that: (a) the defendant had reasonable cause to believe that the person under twenty-one years of age involved was twenty-one years old or more; and (b) such person under twenty-one years of age exhibited to the defendant a draft card, driver’s license or identification card, birth certificate or other official or apparently official document purporting to establish that such person was twenty-one years old or more. Criminal sale of cannabis in the third degree is a class A Misdemeanor.”

As far as delivery services are concerned, Cuomo said adding the licensing option will open up opportunities to participate in the industry with a lower cost of entry. There would be a local opt-out option for individual jurisdictions to ban delivery services, however. Meanwhile, advocates say that allowing delivery is a crucial component of any legalization plan amid the coronavirus pandemic.

Here’s the text of the cannabis delivery amendment:
“No adult-use retail dispensary may engage in the home delivery or retail delivery of adult-use cannabis products unless they are specifically approved and licensed to do so, or have contracted with a third-party home delivery licensee. All home delivery operations must be separately approved and licensed by the office and must comply with minimum application, licensing and operation requirements required by the board in regulation. The board may approve adult-use retail dispensaries which engage solely in the retail delivery of adult-use cannabis products without an approved storefront location.”

The amended legalization plan doesn’t seem to increase grant funding as advocates had called for; rather, the governor laid out specifics on how the funds will be managed and what those dollars will specifically support.

Here’s the text of the social equity revision:
“The moneys in the ‘cannabis social equity fund’ shall be administered by the urban development corporation and allocated by the department of state in collaboration with the office of children and family services, the department of labor, the department of health, the division of housing and community renewal, and the office of addiction services, and approved by the director of the division of the budget, to provide grants for qualified community-based nonprofit organizations and approved local government entities for the purpose of reinvesting in communities disproportionately affected by past federal and state drug policies.

Such grants shall be used, including but not limited to, to support job placement, job skills services, adult education, mental health treatment, substance use disorder treatment, housing, financial literacy, community banking, nutrition services, services to address adverse childhood experiences, afterschool and child care services, system navigation services, legal services to address barriers to reentry, including, but not limited to, providing representation and related assistance with expungement, vacatur, substitution and resentencing of marihuana-related convictions, and linkages to medical care, women’s health services and other community-based supportive services. The grants from this program may also be used to further support the social and economic equity program created by article four of the cannabis law and as established by the cannabis control board.”

It remains to be seen whether these amendments will meet the standards of legislative leaders who’ve strongly pushed back against Cuomo’s initial proposal.
Advocates say the changes address some key concerns but don’t go far enough. Under the amendments, for example, home cultivation of cannabis would still be criminalized and there would be no automatic expungements of past convictions.

“It’s good to see that the governor is responding to the concerns being raised, but even with the recent amendments, his proposal falls well short of what’s needed,” Eli Northrup, a New York public defender and member of the reform coalition Smart START NY, told Marijuana Moment.

Northrup also took issue with a part of Cuomo’s original proposal that would broadly expand the definition of a “drug” under the state’s impaired driving laws.
“It’s really nonsensical and has no place in a legalization bill,” he said.

A separate, comprehensive bill supported by top lawmakers and advocates that’s been introduced in the legislature does include a home grow option—one of several differences that could make or break an agreement ahead of the April 1 budget deadline.

“It is my hope and desire that New York will legalize adult-use of cannabis this current session in 2021,” Assembly Majority Leader Crystal Peoples-Stokes (D)—who has been especially critical of the governor’s proposal and wants to move forward with the separate legalization bill in the legislature first before starting negotiations with the administration about Cuomo’s plan—recently told Cheddar.

The majority leader has been especially forceful in her call for increased and stable funding for social equity, though she said there could be room for compromise with the governor after lawmakers approve the Marihuana Regulation and Taxation Act (MRTA).

“He wants to allocate some dollars out of the general fund, and my legislation says that there should be in the statute a percentage of the resources that go directly to the communities that have been negatively impacted,” she said in the interview that was posted on Friday. “The legislation calls for 50 percent reinvestment in communities that have been harmed, but that’s the starting point. But until we get to have the conversation, we can’t negotiate by ourselves. We have to negotiate jointly with [Cuomo]. We haven’t gotten to that point yet.”

Earlier this month, Lt. Gov. Kathy Hochul (D) told Marijuana Moment in an interview that there would be room for revisions to the governor’s plan, stating that “much of it is going to be negotiated with the legislature, and all these details can be resolved with their input as well.”

Cuomo made clear when announcing the amendments that he sees the budget process as the way to enact the policy change.

“It is a controversial topic. It’s a controversial and a difficult vote. I get it,” he said. “I believe if we don’t have it done by the budget, we’re not going to get it done. And I think it would be a failing if we don’t get it done this year and I think that would be a mistake.”

“We’re setting up a new bill that reflects the conversations we’ve had, but I’m hopeful that we can come to an agreement and we can get it done,” he added. “But I believe—because I’ve seen this movie before—if we don’t get it done by April 1, we won’t get it done.”

This is the third year in a row that Cuomo has included a legalization proposal in his budget plan. The last two times, negotiations with the legislature stalled amid disagreements over certain components such as the tax structure for the market and funding for social equity programs.

Regardless of which direction the legislature ultimately goes on this issue, there’s growing recognition in the state that legalization is an inevitability.

The top Republican in the New York Assembly said in December 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 in 2021, 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.

Separately, several other bills that focus on medical marijuana have been filed 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.

This story has been updated to clarify that the expanded definition of “drug” was included in Cuomo’s original proposal and is not part of the new amendments.

 

[Baron23]

​

New York Governor Reveals Amendments To Marijuana Legalization Plan Weeks Before Budget Deadline​

New York Gov. Andrew Cuomo (D) has released the full text of amendments to his marijuana legalization plan that he hopes will resolve disagreements with legislative leaders over his original proposal.

The main changes would allow cannabis delivery services, specify how social equity grant funding is distributed and lower the proposed penalty for selling marijuana to people under 21, all of which were previewed earlier last week.

The governor’s revised proposal also includes “technical changes such as modify the adult-use cannabis retail dispenser definition, require returns to be filed electronically, establish the ability to revoke a registration for possession of illicit cannabis and exempt cannabis sold to a person with a research cannabis license from sales and excise taxes,” a summary states.

Cuomo first announced that he would be sending a revised version of his reform proposal to the legislature last Monday and then provided an outline of the changes the next day.

The decision to revise his plan to lower penalties for selling cannabis to those under 21 is directly responsive to criticism from advocates over his original plan. Advocates and legislators said that making such activity a class D felony punishable by up to 2.5 years in prison, as it was initially drafted, was counterproductive to the goal of ending marijuana criminalization and would disproportionately impact black New Yorkers.

Here’s the new text of the penalties provision:
“A person is guilty of criminal sale of cannabis in the third degree when he knowingly and unlawfully sells any amount of cannabis or concentrated cannabis to any person under twenty-one years of age. In any prosecution for unlawful sale of cannabis or concentrated cannabis to someone under twenty-one years of age pursuant to this section, it is an affirmative defense that: (a) the defendant had reasonable cause to believe that the person under twenty-one years of age involved was twenty-one years old or more; and (b) such person under twenty-one years of age exhibited to the defendant a draft card, driver’s license or identification card, birth certificate or other official or apparently official document purporting to establish that such person was twenty-one years old or more. Criminal sale of cannabis in the third degree is a class A Misdemeanor.”

As far as delivery services are concerned, Cuomo said adding the licensing option will open up opportunities to participate in the industry with a lower cost of entry. There would be a local opt-out option for individual jurisdictions to ban delivery services, however. Meanwhile, advocates say that allowing delivery is a crucial component of any legalization plan amid the coronavirus pandemic.

Here’s the text of the cannabis delivery amendment:
“No adult-use retail dispensary may engage in the home delivery or retail delivery of adult-use cannabis products unless they are specifically approved and licensed to do so, or have contracted with a third-party home delivery licensee. All home delivery operations must be separately approved and licensed by the office and must comply with minimum application, licensing and operation requirements required by the board in regulation. The board may approve adult-use retail dispensaries which engage solely in the retail delivery of adult-use cannabis products without an approved storefront location.”

The amended legalization plan doesn’t seem to increase grant funding as advocates had called for; rather, the governor laid out specifics on how the funds will be managed and what those dollars will specifically support.

Here’s the text of the social equity revision:
“The moneys in the ‘cannabis social equity fund’ shall be administered by the urban development corporation and allocated by the department of state in collaboration with the office of children and family services, the department of labor, the department of health, the division of housing and community renewal, and the office of addiction services, and approved by the director of the division of the budget, to provide grants for qualified community-based nonprofit organizations and approved local government entities for the purpose of reinvesting in communities disproportionately affected by past federal and state drug policies.

Such grants shall be used, including but not limited to, to support job placement, job skills services, adult education, mental health treatment, substance use disorder treatment, housing, financial literacy, community banking, nutrition services, services to address adverse childhood experiences, afterschool and child care services, system navigation services, legal services to address barriers to reentry, including, but not limited to, providing representation and related assistance with expungement, vacatur, substitution and resentencing of marihuana-related convictions, and linkages to medical care, women’s health services and other community-based supportive services. The grants from this program may also be used to further support the social and economic equity program created by article four of the cannabis law and as established by the cannabis control board.”

It remains to be seen whether these amendments will meet the standards of legislative leaders who’ve strongly pushed back against Cuomo’s initial proposal.
Advocates say the changes address some key concerns but don’t go far enough. Under the amendments, for example, home cultivation of cannabis would still be criminalized and there would be no automatic expungements of past convictions.

“It’s good to see that the governor is responding to the concerns being raised, but even with the recent amendments, his proposal falls well short of what’s needed,” Eli Northrup, a New York public defender and member of the reform coalition Smart START NY, told Marijuana Moment.

Northrup also took issue with a part of Cuomo’s original proposal that would broadly expand the definition of a “drug” under the state’s impaired driving laws.
“It’s really nonsensical and has no place in a legalization bill,” he said.

A separate, comprehensive bill supported by top lawmakers and advocates that’s been introduced in the legislature does include a home grow option—one of several differences that could make or break an agreement ahead of the April 1 budget deadline.

“It is my hope and desire that New York will legalize adult-use of cannabis this current session in 2021,” Assembly Majority Leader Crystal Peoples-Stokes (D)—who has been especially critical of the governor’s proposal and wants to move forward with the separate legalization bill in the legislature first before starting negotiations with the administration about Cuomo’s plan—recently told Cheddar.

The majority leader has been especially forceful in her call for increased and stable funding for social equity, though she said there could be room for compromise with the governor after lawmakers approve the Marihuana Regulation and Taxation Act (MRTA).

“He wants to allocate some dollars out of the general fund, and my legislation says that there should be in the statute a percentage of the resources that go directly to the communities that have been negatively impacted,” she said in the interview that was posted on Friday. “The legislation calls for 50 percent reinvestment in communities that have been harmed, but that’s the starting point. But until we get to have the conversation, we can’t negotiate by ourselves. We have to negotiate jointly with [Cuomo]. We haven’t gotten to that point yet.”

Earlier this month, Lt. Gov. Kathy Hochul (D) told Marijuana Moment in an interview that there would be room for revisions to the governor’s plan, stating that “much of it is going to be negotiated with the legislature, and all these details can be resolved with their input as well.”

Cuomo made clear when announcing the amendments that he sees the budget process as the way to enact the policy change.

“It is a controversial topic. It’s a controversial and a difficult vote. I get it,” he said. “I believe if we don’t have it done by the budget, we’re not going to get it done. And I think it would be a failing if we don’t get it done this year and I think that would be a mistake.”

“We’re setting up a new bill that reflects the conversations we’ve had, but I’m hopeful that we can come to an agreement and we can get it done,” he added. “But I believe—because I’ve seen this movie before—if we don’t get it done by April 1, we won’t get it done.”

This is the third year in a row that Cuomo has included a legalization proposal in his budget plan. The last two times, negotiations with the legislature stalled amid disagreements over certain components such as the tax structure for the market and funding for social equity programs.

Regardless of which direction the legislature ultimately goes on this issue, there’s growing recognition in the state that legalization is an inevitability.

The top Republican in the New York Assembly said in December 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 in 2021, 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.

Separately, several other bills that focus on medical marijuana have been filed 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.

This story has been updated to clarify that the expanded definition of “drug” was included in Cuomo’s original proposal and is not part of the new amendments.

Yeah, and once again no home grow. If they have a REAL interest in helping inner city, lower income people (yeah, social equity) then instead of racist set asides, allow home grow. But then a lot of people wouldn't be paying high taxes on dispensary purchases which seems to be far more important to politicians than...well, anything else.

 

[momofthegoons]

How New York Marijuana Legalization Efforts Could Be Impacted By Cuomo’s Scandals​

New York Gov. Andrew Cuomo’s (D) growing number of scandals in recent weeks over harassment allegations and nursing home death data could leave him with even less political capital to defend his marijuana legalization proposal against a competing reform bill favored by leading lawmakers and activists.

While the governor has pushed the legislature to pass his measure as part of a budget plan, he’s faced pushback from certain members who feel it doesn’t go far enough to promote social equity and that they should advance their own version first before entering into negotiations with the administration.

That was before numerous women came forward accusing Cuomo of sexual harassment and unwanted advances during his time in office. While he’s apologized over certain behavior, he’s denied other claims such as one alleging that he kissed a former aide without consent.

Now, as the governor is increasingly being backed against the wall and facing calls for resignation by legislative leaders, it stands to reason that he’s on even worse footing to promote his own cannabis bill over that of Senate Finance Committee Chairwoman Liz Krueger (D) and Assembly Majority Leader Crystal Peoples-Stokes (D).

Both lawmakers took part in a NY Women in Cannabis Lobby Day organized by the Drug Policy Alliance (DPA) and Women Grow on Monday. But while they each pushed for the passage of their bill—the Marijuana Regulation and Taxation Act (MRTA)—they did not directly weigh in on how, if at all, the governor’s mounting controversies could impact those prospects.

“We cannot stop. As a matter of fact, we need to start pounding a little harder—not just on the governor, but on people across the state,” Peoples-Stokes said. The leader also said polling on legalization shows that, if New York had a referendum process to place the issue on the ballot, it would pass and “we wouldn’t be having this conversation now.”



Another factor working against Cuomo is that Democrats now have supermajority control over the legislature, which could empower them to override a potential veto if they were to pass the MRTA against the governor’s wishes.

Meanwhile, New York lawmakers last month held the first public hearing of the year on proposals to legalize cannabis, specifically focusing on budget implications.

Legislators heard testimony during the joint session from two pro-legalization industry representatives and one opponent. Despite their ideological differences when it comes to legalization in general, all three panelists were critical of Cuomo’s reform proposal. The two reform advocates said they would prefer to advance the MRTA over his legislation.

The governor has attempted to assuage concerns with his plan by submitting amendments to the legislation that deal with issues such as social equity funding and criminal penalties for underage marijuana possession. But the window to enact his bill as part of the budget is quickly closing, with an April 1 deadline, and it doesn’t seem he’s any closer to moving advocates to his side, especially now.

Even his revised plan would continue to criminalize people who grow their own marijuana at home, and it wouldn’t provide for any additional social equity funding on top of his original plan.

Last month, Lt. Gov. Kathy Hochul (D)—who would become governor is Cuomo were to resign or be impeached—told Marijuana Moment in an interview that there would be room for revisions to the current governor’s plan, stating that “much of it is going to be negotiated with the legislature, and all these details can be resolved with their input as well.”

Cuomo said that the changes in his bill reflect “the conversations we’ve had, but I’m hopeful that we can come to an agreement and we can get it done. He added that he believes, “because I’ve seen this movie before, “if we don’t get it done by April 1, we won’t get it done.”

This is the third year in a row that Cuomo has included a legalization proposal in his budget plan. The last two times, negotiations with the legislature stalled amid disagreements over certain components such as the tax structure for the market and funding for social equity programs.

Regardless of which direction the legislature ultimately goes on this issue, there’s growing recognition in the state that legalization is an inevitability.

The top Republican in the New York Assembly said in December 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 in 2021, 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.

 

[momofthegoons]

Top New York Lawmaker Says Legal Marijuana Talks With Governor Reached Point Of Screaming​

Meetings between New York Gov. Andrew Cuomo (D) and a top lawmaker have gotten contentious in recent days. But the conversations haven’t focused on the slew of scandals surrounding the governor that are making headlines; rather, they’ve concentrated on negotiations over marijuana legalization.

During an interview with Spectrum News that was published on Tuesday, Assembly Majority Leader Crystal Peoples-Stokes (D) was asked about the status of budget talks with the governor’s office. She said “I’ve talked to him a couple times—I kind of screamed on him a little bit about some of the negotiations we are having regarding the marijuana bill because it is way over time to get that done.”

“There’s really no more red herrings that can be thrown up to make this a reality for New York State,” she said. “So yes, I have pressed on him and I have pressed on his people, and the staff of the Assembly has been working very aggressively with him on this topic. I’m really hopeful that that has happens this time.”

Cuomo has talked repeatedly about the need to enact legalization through the budget, but his plan differs in significant ways from a bill that’s been introduced in the legislature and has the backing of major advocacy groups. And while negotiations are ongoing, some have been left wondering if recent allegations by former aides accusing the governor of sexual harassment would derail the process and again delay cannabis reform.

On the other hand, there’s a line of thinking that Cuomo’s dual scandals concerning the harassment allegations and blame over discrepancies in nursing home data on coronavirus deaths could embolden lawmakers to do exactly what Peoples-Stokes has proposed in the past: approve her Marijuana Regulation and Taxation Act (MRTA) first and then negotiate details on a final plan with the governor’s office.

But while Cuomo, who has faced calls for resignation and impeachment, may well have less political capital to enact the policy change his way, the leader seemed to suggest that legislators are still keeping the door open in their budget talks, even if there’s some screaming to be had at the negotiating table as an April 1 deadline to approve the budget quickly approaches.

A coalition of more than 40 groups vested in reform—including the New York State AFL-CIO, Weedmaps, Eaze, the New York Medical Cannabis Industry Association and Scotts Miracle Gro—are putting additional pressure on the legislature to adopt the policy change. They announced on Wednesday that they’ve formed a unified organization, New Yorkers for New Revenue & Jobs, to push for legalization.

Another factor working against Cuomo is that Democrats now have supermajority control over the legislature, which could empower them to override a potential veto if they were to pass the MRTA against the governor’s wishes.

Meanwhile, New York lawmakers last month held the first public hearing of the year on proposals to legalize cannabis, specifically focusing on budget implications.

Legislators heard testimony during the joint session from two pro-legalization industry representatives and one opponent. Despite their ideological differences when it comes to legalization in general, all three panelists were critical of Cuomo’s reform proposal. The two reform advocates said they would prefer to advance the MRTA over his legislation.

The governor has attempted to assuage concerns with his plan by submitting amendments to the legislation that deal with issues such as social equity funding and criminal penalties for underage marijuana possession. But the window to enact his bill as part of the budget is quickly closing, with an April 1 deadline, and it doesn’t seem he’s any closer to moving advocates to his side, especially now.

Even his revised plan would continue to criminalize people who grow their own marijuana at home, and it wouldn’t provide for any additional social equity funding on top of his original plan.

Last month, Lt. Gov. Kathy Hochul (D)—who would become governor is Cuomo were to resign or be impeached—told Marijuana Moment in an interview that there would be room for revisions to the current governor’s plan, stating that “much of it is going to be negotiated with the legislature, and all these details can be resolved with their input as well.”

Cuomo said that the changes in his bill reflect “the conversations we’ve had, but I’m hopeful that we can come to an agreement and we can get it done. He added that he believes, “because I’ve seen this movie before, “if we don’t get it done by April 1, we won’t get it done.”

This is the third year in a row that Cuomo has included a legalization proposal in his budget plan. The last two times, negotiations with the legislature stalled amid disagreements over certain components such as the tax structure for the market and funding for social equity programs.

Regardless of which direction the legislature ultimately goes on this issue, there’s growing recognition in the state that legalization is an inevitability.

The top Republican in the New York Assembly said in December 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 in 2021, 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.

 

[momofthegoons]

Cuomo Caves On Marijuana Homegrow And Equity Funding, Top New York Senator Signals​

A top New York senator is signaling that Gov. Andrew Cuomo (D) has conceded to lawmakers amid ongoing marijuana legalization negotiations on at least two key provisions of proposed legislation that concern home cultivation and social equity funding. The comments come as yet another new poll shows that New Yorkers overwhelmingly support ending cannabis prohibition.

While Senate Finance Committee Chairwoman Liz Krueger (D) didn’t explicitly confirm what kind of language was agreed upon, she said in the new radio interview that she’s “extremely pleased with the agreement that we have come to” with the governor when it comes to giving adults a home grow option and how to allocate cannabis tax revenue for social equity purposes.

Her bill—the Marijuana Regulation and Taxation Act (MRTA)—would let people grow a limited number of plants for personal use, whereas Cuomo’s reform plan, which he included in his annual budget request, would continue to criminalize people for cultivating their own cannabis. Advocates also prefer the legislature’s approach to social equity funding, which they believe will lead to a steady and ongoing stream of support for communities most impacted by the war on drugs.

Beyond those provisions, Krueger told WCNY radio in the interview that was taped on Wednesday and released Thursday that “700 issues have been resolved, and there’s one or two left, mostly relating to the issues of penalties for driving under the influence of marijuana and how to identify them.”

The legislature has also made clear that, despite the governor’s prior longstanding push to pass legalization through the budget, the issue will be handled as a standalone bill outside of that process. The senator said that while as such lawmakers will not face an April 1 deadline as is the case with the spending legislation, there’s still an urgency to “get it done” sooner rather than later.

“Since I’ve never gotten this close to the deadline before, I’m feeling that there is impetus to get this done as quickly as possible, and I am prepared to do everything in my power to close this out, get this bill to both floors and get it signed by the governor,” she said.

Details of the final legislation might be pending, but polling shows that New Yorkers are ready for cannabis reform. A survey released by Quinnipiac University on Thursday found that 64 percent of New York voters support allowing people to legally possess cannabis for personal use.

There’s been speculation that the growing number of sexual harassment allegations against the governor—in addition to controversy over the state’s handling of nursing home COVID-19 death data—would leave him with less political clout to negotiate on behalf of his proposal over that of the lawmakers.

Krueger said that “you can’t ignore the fact that there was an interest in getting the marijuana bill done” on the governor’s end as these allegations were raised. “That seemed to pop up at around the same time.” However, she caveated, “pick a day and another shoe was dropping for the Cuomo administration.”

Originally, Cuomo personally reached out to legislators about advancing the policy change, but the senator said negotiations have since been handled by senior staff in the administration and legislature.

“We have watched as states far, far more red and conservative than our own have moved down the road into legalization, and we just feel like we’ve talked to everyone in the state of New York,” Krueger said. “Everyone has watched, everybody’s waiting. We have been working our hardest to get a balanced, rational bill out there. We’ve done so—let’s just get it done.”

Another part of the conversation concerned hemp regulations. The WCNY reporter asked about about current restrictions on the sale of hemp flower and whether those would be removed under her marijuana legislation. The senator said she believes they will—but the measure also gives some authority to regulators on implementation decisions and so it’s not clearly exactly what the rules will end up being.

Cannabis policy has been a hot topic in New York in recent days, with multiple lawmakers—as well as Cuomo—expressing optimism that a deal will be reached to reconcile their competing legalization proposals.

Senate Majority Leader Andrea Stewart-Cousins (D) said this week that while talks had “reached a little bit of an impasse” over a provision related to impaired driving, she’s feel encouraged that “it will be resolved sooner than later.”

Assembly Speaker Carl Heastie (D) similarly said that he thinks “the executive is moving closer to where” the sponsors of the MRTA are.

Cuomo said on Monday that the sides are “very close” to reaching a deal. “We’ve tried to do that for the past three years, we have to get it done this year.”

Public defender and activist Eli Northrup said on Monday that he’s heard from sources that Cuomo is pushing to have the legislation make it so police could continue to justify stops and searches based on the odor of cannabis alone, regardless of its legalization. Advocates strongly oppose that policy.

On Tuesday morning, however, Scott Hechinger, a senior attorney with the Brooklyn Defender Services, said signals indicate that the pushback to that proposal was being felt by negotiations working on the cannabis legislation.

A Siena College survey released on Monday found that 59 percent of residents support adult-use legalization, compared to 33 percent who are opposed.

“We’ve been working on a marijuana bill. I’ve had a number of conversations with members,” the governor said last week. “We’ve been making good progress.”

Krueger also said recently that lawmakers were “working hard on a three-way agreed upon bill that could pass the legislature before we get to the budget.” She added: “I feel like we are 95 percent there. We have taken some big steps towards getting this done.”

Assembly Majority Leader Crystal Peoples-Stokes (D), the chamber’s sponsor of MRTA, said last week that talks “are really good and really fruitful and I’m really encouraged.” In fact, “I’ve never felt this encouraged before.” That’s despite her saying just days earlier that talks with the governor’s office over the legalization legislation had become heated to the point of screaming.

A state budget spokesperson said that the “administration is working with all parties to pass a comprehensive regulatory structure for adult-use cannabis that prioritizes social equity, social justice, economic development, and the public health and safety of all New Yorkers.”

Cuomo proposed amendments to his legislation last month that he hoped would address certain concerns from lawmakers and advocates. The changes primarily concern that issues such as social equity funding and criminal penalties for underage marijuana possession.

Another factor working against Cuomo is that Democrats now have supermajority control over the legislature, which could empower them to override a potential veto if they were to pass the MRTA against the governor’s wishes.

New York lawmakers last month held the first public hearing of the year on proposals to legalize cannabis, specifically focusing on budget implications.

Legislators heard testimony during the joint session from two pro-legalization industry representatives and one opponent. Despite their ideological differences when it comes to legalization in general, all three panelists were critical of Cuomo’s reform proposal. The two reform advocates said they would prefer to advance the MRTA over his legislation.

Lt. Gov. Kathy Hochul (D)—who would become governor is Cuomo were to resign or be impeached—told Marijuana Moment in a January interview that there would be room for revisions to the current governor’s plan, stating that “much of it is going to be negotiated with the legislature, and all these details can be resolved with their input as well.”

Cuomo said that the changes in his bill reflect “the conversations we’ve had, but I’m hopeful that we can come to an agreement and we can get it done. He added that he believes, “because I’ve seen this movie before, “if we don’t get it done by April 1, we won’t get it done.”

This is the third year in a row that Cuomo has included a legalization proposal in his budget plan. The last two times, negotiations with the legislature stalled amid disagreements over certain components such as the tax structure for the market and funding for social equity programs.

Regardless of which direction the legislature ultimately goes on this issue, there’s growing recognition in the state that legalization is an inevitability.

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

Stewart-Cousins said in November that she also anticipates that the reform will advance in 2021, 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.

 

[Baron23]

I have friends in NY who have told me that the the Cuomo on CNN is actually the smart one of the two brothers.

That should be very frightening to any in NY state.

Cheers

 

[Marlon Rando]

 

[momofthegoons]

New York Lawmakers Reach Tentative Deal On Marijuana Legalization Bill, With Details Now Circulating​

After months of negotiations, New York lawmakers and the governor have reached a tentative deal on a bill to legalize marijuana in the state.

Legislative leaders and Gov. Andrew Cuomo (D) have repeatedly touted progress in negotiations and signaled that an agreement was forthcoming in recent weeks, and details about the specific provisions of the legislation finally began to circulate in press reports from The Buffalo News, Bloomberg, The Democrat & Chronicle and others on Wednesday afternoon—though the final bill text is not yet available and certain provisions could still be changed.

Votes on the proposal could come as early as next week. The legislature and Cuomo have worked to approve the reform sooner rather than later, and it seems they’re on track to advance it before the April 1 budget deadline, even though the bill is being handled outside that process.

Here’s what the legalization legislation is expected to contain, according to press reports:

-Adults 21 and older would be able to possess and purchase marijuana products from licensed retailers, which would launch in December 2022.

-They could also cultivate up to six plants for personal use, only three of which could be mature. A maximum of 12 plants could be grown per household with more than one adult. Municipalities couldn’t ban people from growing their own, but they could impose regulations. Registered medical cannabis patients would be allowed to start growing plants six months after the law takes effect, while adult-use consumers would have to wait 18 months after the first marijuana retailer launches.

-A five-member New York State Cannabis Control Board would be responsible for regulating the cannabis market. Three members would be appointed by the governor, and the Senate and Assembly would appoint one member each.

-Social consumption sites would be permitted.

-Individual jurisdictions would be allowed to opt out of allowing retailers or social consumption sites by the end of this year, but voters could overturn bans via local ballot measures.

-In general, there would be a three-tier licensing structure, separating growers, wholesalers and retailers similar to alcohol, though there would be certain exceptions allowing microbusinesses to be vertically integrated.

-The legislation sets a goal of having 50 percent of marijuana business licenses for distribution and retail issued to social equity applicants, including people with past marijuana convictions or who have relatives with such records as well as those living in economically distressed areas or places where cannabis criminalization has been enforced in a discriminatory manner. Equity applicants would also include minority- and women-owned businesses, disabled veterans and financially distressed farmers.

-Cannabis products would be subject to a state tax of nine percent, plus an additional four percent local tax.

-Marijuana distributors would also face a THC tax on flowers, concentrate and edibles—applied on a sliding scale based on type of product, up to three cents per milligram.

-Tax revenue from marijuana sales would cover the costs of administering the program. After that, 40 percent of the remaining dollars would go to a community reinvestment fund, 40 percent would support the state’s public schools and 20 percent would fund drug treatment facilities and public education programs.

-The state Health Department would be required to study devices that are supposed to test saliva to determine if a person is impaired from marijuana, though there’s skepticism among lawmakers about the effectiveness of such technology.

-Police would be allowed to use the odor of cannabis to identify impairment, though they could not use it to justify a search a vehicle.

-Driving while impaired from marijuana would result in a violation, rather than a misdemeanor. However, that component may be further revised before the final bill is released.

-The state’s existing medical cannabis program would also be changed to expand the list of qualifying conditions and allow patients to smoke marijuana products. Patients could also obtain a 60-day, rather than 30-day, supply.

-Existing medical cannabis dispensaries would be allowed to open four additional shops, as long as at least two are located in underserved communities. They could also add two adult-use retail locations.

“I believe New York is the progressive capital of the nation—not just because we say it is but because we perform that way. And legalizing cannabis is this year’s priority to be the progressive capital of the nation,” Cuomo said in a briefing with reporters on Wednesday. “We won’t be the first, but our program will be the best.”

 

[howie105]

Thank you motherofthegoons for keeping us all updated. You are truly one of the jewels of this board.

 

[Baron23]

New York May Vote To Legalize Cannabis As Early As Next Week​

The cannabis industry is one of the fastest-growing sectors across the world. Especially in the United States with more states looking to legal in 2021. Recent data reported that the total sales in the U.S. reached a record-breaking $17.5 billion between the medical and recreational market. Right now there is a great deal of anticaption in regards to cannabis legislation between state and federal. For example, more states are implementing different cannabis laws that will help to regulate things more smoothly.


In addition to this with better state-level legislation, it will also aid in the overall protection for cannabis consumers inside the state. Now on a federal level which more people are paying attention to is the bigger focus when it comes to cannabis legislation. If the new administration can somehow pass a bill that would reschedule cannabis many doors will soon be open. When cannabis becomes federally legal it will allow not only more states but outside regions to be involved in the U.S. cannabis industry without fear of breaking the law.


Back in 2020 during the presidential election, 5 new states legalized marijuana in some form. One of these states was New Jersey which has one of the largest consumer bases for a new cannabis market. With New Jersey voting to go legal it has inspired its neighboring New York to follow it in the same footsteps. Just like New Jersey, the big apple has a big market for cannabis consumers.


If New York does vote to go legal it will only add more value to the U.S. cannabis industry. So with much to be seen in 2021 New York is preparing to pass a bill that would establish legal cannabis in the state. Below we will go over the recent update with the NY cannabis bill.

Will New York Go Legal In 2021​

Lawmakers and political figures have come together to work out a way to agree on a bill that would legalize cannabis. This new legislation would be to legalize the various marijuana products and the adult use of cannabis. As well this new bill would allow residents to have a small number of marijuana plants in their homes.


So legislators are working to draft a final bill that has the chance to be voted on as soon as next week. When Gov. Andrew Cuomo and state legislators came to an understanding about the bill with a measure for criminal justice reform. Now with the Democratic takeover of the state, this new bill has a better chance at passing.


Lawmakers on Wednesday afternoon were finalizing the language of the new cannabis bill. The justice reform measure is also a big win for the U.S. cannabis industry. Which is projected to make billions of dollars in cannabis sales which will help the state’s economic status solely in New York by its self. Advocates of cannabis reform wanted to make sure that as mentioned above action was taken in regards to justice reform. This would involve benefits for communities disproportionately affected by harsher drug sentencing laws.

Further Measures With The Bill That May Legalize Cannabis In New York​

As well as limit the influence of big businesses looking to enter the new sector of the economy. Part of this agreement that was reached by state legislators involves conditions. These stipulations would help small businesses to be able to set up shop. The agreement also incorporates a social equity fund. This fund will be used to redirect some of the revenue generated by marijuana sales to job placement and after-school programs.

Final Thoughts On New York Going Legal​

New York state legislators have been working for three years to reach an agreement for marijuana legalization. This is in addition to following smaller states like New Jersey and Massachusetts that edge New York. However, some concerns that lawmakers had were over traffic safety and being intoxicated while driving.











Senate Majority Leader Andrea Stewart-Cousins indicated that this safety issue has been the last hurdle to finalize this agreement. Law enforcement and parent organizations had stood in opposition to this new bill. Which is regarding safety matters as well as the potential for children to access it. All in all, there is great support behind this bill. So with this advocates and supporters alike will have to wait and see what happens.

 

[momofthegoons]

New York Marijuana Legalization Bill Is Officially Released, With Votes Planned Within Days​

A new bill to legalize marijuana in New York was released on Saturday after lawmakers and the governor finalized a deal that has been negotiated for weeks. Votes in the legislature are now expected to take place in the coming week.

Details about the agreed-upon language started to circulate on Wednesday, but now the text of the legislation has been released—a significant development that comes after lengthy talks between the Senate, Assembly and Gov. Andrew Cuomo’s (D) office.

Sen. Liz Krueger (D), the lead Senate sponsor of the Marijuana Regulation and Taxation Act (MRTA), said in a press release that the newly revised version of her legislation will “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.”

“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,” she said. “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.”

Assembly Majority Leader Peoples-Stokes (D), who is carrying the bill in her chamber, said the negotiated legislation “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.”



Cuomo said that “for generations, too many New Yorkers have been unfairly penalized for the use and sale of adult-use cannabis, arbitrarily arrested and jailed with harsh mandatory minimum sentences.”

“After years of tireless advocacy and extraordinarily hard work, that time is coming to an end in New York State,” the governor said. “Legalizing adult-use cannabis isn’t just about creating a new market that will provide jobs and benefit the economy—it’s also about justice for long-marginalized communities and ensuring those who’ve been unfairly penalized in the past will now get a chance to benefit. I look forward to signing this legislation into law.”



Here’s a summary of the main components of the 128-page New York marijuana legalization bill:

-Adults 21 and older would be able to possess and purchase marijuana products from licensed retailers.

-There would be no penalties for public possession of up to three ounces of cannabis or 24 grams of marijuana concentrates, and people could store up to five pounds of cannabis at home.

-Adults could also cultivate up to six plants for personal use, three of which could be mature. A maximum of 12 plants could be grown per household with more than one adult. Homegrow would not take effect until regulators set rules for it, and they would have a maximum of six months to do so for medical patients and must do so for adult-use consumers no later than 18 months after the first retail recreational sales begin.

-People with convictions for marijuana-related activity made legal under the legislation would have their records automatically expunged.

-A system of licenses for commercial cultivators, processors, distributors, retailers, cooperatives and nurseries would be created, with a prohibition on vertical integration except for microbusinesses.

-Social consumption sites and delivery services would be permitted.

-Individual jurisdictions would be allowed to opt out of allowing retailers or social consumption sites by the end of this year, but residents could seek to override such bans via a local referendum process.

-A new Office of Cannabis Management—an independent agency operating as part of the New York State Liquor Authority—would be responsible for regulating the recreational cannabis market as well as the existing medical marijuana and hemp programs and would be overseen by a five-member Cannabis Control Board. Three members would be appointed by the governor, and the Senate and Assembly would appoint one member each.

-The legislation sets a goal of having 50 percent of marijuana business licenses issued to social equity applicants, defined as people from “communities disproportionately impacted by the enforcement of cannabis prohibition” as well as minority- and women-owned businesses, disabled veterans and financially distressed farmers.

-Cannabis products would be subject to a state tax of nine percent, plus an additional four percent local tax that would be split between counties and cities/towns/villages, with 75 percent of the local earnings going to the municipalities and 25 percent to the counties. Marijuana distributors would also face a THC tax based on type of product, as follows: 0.5 cents per milligram for flower, 0.8 cents per milligram for concentrated cannabis and 3 cents per milligram for edibles.

-Tax revenue from marijuana sales would cover the costs of administering the program. After that, 40 percent of the remaining dollars would go to a community reinvestment fund, 40 percent would support the state’s public schools and 20 percent would fund drug treatment facilities and public education programs.

-Police could not use the odor of cannabis to justify searches.

-The State Department of Health would oversee a study of technologies for detecting cannabis-impaired driving, after which it could approve and certify the use of such a test. Additional funds for drug recognition experts also would be made available.

-The state’s existing medical cannabis program would also be changed to expand the list of qualifying conditions and allow patients to smoke marijuana products. Patients could also obtain a 60-day, rather than 30-day, supply.

-Smokable hemp flower sales would be allowed.

-Current medical cannabis businesses could participate in the recreational market in exchange for licensing fees that will help to fund the social equity program.

“The legislature finds that existing marihuana laws have not been beneficial to the welfare of the general public,” the bill’s findings section states. “Existing laws have been ineffective in reducing or curbing marihuana use and have instead resulted in devastating collateral consequences including mass incarceration and other complex generational trauma, that inhibit an otherwise law abiding citizen’s ability to access housing, employment opportunities, and other vital services. Existing laws have also created an illicit market which represents a threat to public health and reduces the ability of the legislature to deter the accessing of marihuana by minors. Existing marihuana laws have disproportionately impacted African-American and Latinx communities.”