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Law New York

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New York Marijuana Legalization Bill Moves Fast, With Three Committee Hearings And Possible Floor Votes Tuesday​


Just days after a revised bill to legalize marijuana in New York was released following negotiations between the governor and Senate and Assembly leaders, formal hearings have been scheduled for the proposal in three committees on Tuesday. And floor votes could immediately follow action by the panels, a top lawmaker says.

Put simply, things are moving fast—which is consistent with what legislative leaders and Gov. Andrew Cuomo (D) said to expect after a deal was reached. The Assembly Codes and Ways & Means Committees and the Senate Finance Committee are scheduled to start considering the legislation within minutes of each other on Tuesday morning.

While the bill is not currently listed on the floor schedule for either body, Assembly Majority Leader Crystal Peoples-Stokes (D) said on Monday that she anticipates that a vote in her chamber will take place after the committees move the bill. Cuomo will sign the measure “right away,” she told a WIVB-TV reporter.



This legislation is being handled outside of the budget, but lawmakers are still pushing to pass it on schedule ahead of Thursday’s budget deadline.

Peoples-Stokes, who is carrying the Assembly version of the bill, said last week that the legislation they negotiated with the governor “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.”

Senate Finance Chairwoman Liz Krueger (D), the lead Senate sponsor of the Marijuana Regulation and Taxation Act (MRTA) whose panel is set to take up the bill on Tuesday, similarly said 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.”

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, which are expected to launch sometime in 2022.

-Effective immediately, 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.

-Protections against discrimination in housing, educational access and parental rights would be instituted for people who consume cannabis or work in the marijuana industry.

-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.

-Driving while impaired from marijuana would remain a misdemeanor despite early reports that lawmakers had settled on downgrading it to a violation.

-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.”
 

Cops Can’t Arrest You For Smoking Marijuana On Sidewalks, NYPD Says In Post-Legalization Memo​


The New York Police Department (NYPD) on Thursday sent a memo to officers updating them on new policies for marijuana after the governor signed a legalization bill into law this week.

Among other changes, police can no longer arrest adults 21 and older for simply using marijuana in places where smoking tobacco is permitted—and that includes “on sidewalks, on front stoops and other public places,” the document states. “As a result, smoking marihuana in any of these locations is not a basis for an approach, stop, summons, arrest or search.”

As prescribed under the law, adults can now possess up to three ounces of cannabis and also gift marijuana to other adults “so long as no compensation is exchanged,” NYPD said. Home cultivation will eventually be legal as well, but not until regulators issued rules allowing it.

The department clarified that nobody, regardless of age, can drive while impaired from cannabis. However, “the smell of marihuana alone no longer establishes probable cause of a crime to search a vehicle,” whether it’s burnt or unburnt.

There are exceptions to the rule if a person driving a car is observed to be impaired and“there is probable cause to believe that the vehicle contains evidence of the impairing marihuana (e.g. smell of burnt marihuana or admission of having smoked recently).” Enforcement can also be taken if a person is seen consuming cannabis while driving, regardless of whether they don’t show signs of impairment.

Possession of marijuana by people under 21 is also unlawful, but “under the current state of the law, there is no mechanism for the NYPD to take enforcement action against a person under 21 who possesses 3 ounces or less.”

“In the future, the NYPD may have the ability to issue a civil summons for such violations,” the memo says. “Until that time, possession of 3 ounces or less by a person under 21 cannot be the basis of an approach, stop, summons, juvenile report or arrest. Possession by individuals under 21 of more than 3 ounces is enforceable.”

Another significant policy change concerns people on parole, who are now “permitted to use marihuana unless the terms of their parole specifically prohibit it.”

“This means that [members of service] may not approach, stop or detain a parolee based on their use or possession of lawful amounts of marihuana (3 oz or less),” the memo, which was first reported by CNN, says. “If MOS observe a person known to the Department, whose terms of parole do prohibit possessing or smoking marihuana, MOS should notify the relevant parole officers.”

The department also noted that the state Office of Cannabis Management, which was established under the legalization measure and now has a website that launched on Friday, will be creating regulations allowing adults to cultivate marijuana for personal use.

While it’s not currently legal to grow plants until those rules are created, once they take effect, “individuals 21 or older will be permitted to grow a maximum of 6 plants at their home (3 mature and 3 immature),” and each household “is permitted to have no more than 12 plants regardless of how many individuals 21 or older live in that home.”

Read NYPD’s memo on the marijuana policy changes by following title link and scrolling to the bottom of the article.
 
6 whole plants...........lolz.
"Excuse me Ma'am,sir I'm from the department of counting cannabis plants and I am here to count cannabises and chew bubblegum..............and I'm all out of bubblegum."
These people consider themselves the countries intellectual elites.........lolz.
 
momofthegoons said:

Cops Can’t Arrest You For Smoking Marijuana On Sidewalks, NYPD Says In Post-Legalization Memo​


The New York Police Department (NYPD) on Thursday sent a memo to officers updating them on new policies for marijuana after the governor signed a legalization bill into law this week.

Among other changes, police can no longer arrest adults 21 and older for simply using marijuana in places where smoking tobacco is permitted—and that includes “on sidewalks, on front stoops and other public places,” the document states. “As a result, smoking marihuana in any of these locations is not a basis for an approach, stop, summons, arrest or search.”

As prescribed under the law, adults can now possess up to three ounces of cannabis and also gift marijuana to other adults “so long as no compensation is exchanged,” NYPD said. Home cultivation will eventually be legal as well, but not until regulators issued rules allowing it.

The department clarified that nobody, regardless of age, can drive while impaired from cannabis. However, “the smell of marihuana alone no longer establishes probable cause of a crime to search a vehicle,” whether it’s burnt or unburnt.

There are exceptions to the rule if a person driving a car is observed to be impaired and“there is probable cause to believe that the vehicle contains evidence of the impairing marihuana (e.g. smell of burnt marihuana or admission of having smoked recently).” Enforcement can also be taken if a person is seen consuming cannabis while driving, regardless of whether they don’t show signs of impairment.

Possession of marijuana by people under 21 is also unlawful, but “under the current state of the law, there is no mechanism for the NYPD to take enforcement action against a person under 21 who possesses 3 ounces or less.”

“In the future, the NYPD may have the ability to issue a civil summons for such violations,” the memo says. “Until that time, possession of 3 ounces or less by a person under 21 cannot be the basis of an approach, stop, summons, juvenile report or arrest. Possession by individuals under 21 of more than 3 ounces is enforceable.”

Another significant policy change concerns people on parole, who are now “permitted to use marihuana unless the terms of their parole specifically prohibit it.”

“This means that [members of service] may not approach, stop or detain a parolee based on their use or possession of lawful amounts of marihuana (3 oz or less),” the memo, which was first reported by CNN, says. “If MOS observe a person known to the Department, whose terms of parole do prohibit possessing or smoking marihuana, MOS should notify the relevant parole officers.”

The department also noted that the state Office of Cannabis Management, which was established under the legalization measure and now has a website that launched on Friday, will be creating regulations allowing adults to cultivate marijuana for personal use.

While it’s not currently legal to grow plants until those rules are created, once they take effect, “individuals 21 or older will be permitted to grow a maximum of 6 plants at their home (3 mature and 3 immature),” and each household “is permitted to have no more than 12 plants regardless of how many individuals 21 or older live in that home.”

Read NYPD’s memo on the marijuana policy changes by following title link and scrolling to the bottom of the article.
Click to expand...
What's up with "marijuana" and "marihuana" spellings....? Is everyone quoted supposed to be of Spanish speaking descent, or something...? (wtf?)
 
I wonder if, as a NY resident, I'll be able to buy bud online out of state from private farms. That to me is the best part of this if it's allowed.
 

New York Updates Off-Duty Conduct Law To Protect Employees Who Use Cannabis Off The Clock​

The Empire State’s off-duty conduct law now protects employees who use legal cannabis outside of work hours.

New York’s off-duty conduct law prohibiting employers from taking action against employees for lawful activity done while off the clock now includes cannabis, a byproduct of the state’s legalization of pot last month.

Here’s the gist, which comes via a helpful primer published by The National Law Review.

New York has a law barring employers from any discrimination against employees for various lawful activities performed outside the job, which include political activities (like running for office or campaigning on behalf of a candidate), recreational activities, and the consumption of certain legal products.

That last part is most relevant here. The off-duty conduct law now covers an individual’s legal use of consumable products, “including cannabis in accordance with state law, prior to the beginning or after the conclusion of the employee’s work hours, and off of the employer’s premises and without use of the employer’s equipment or other property;” and “including cannabis in accordance with state law, outside work hours, off of the employer’s premises and without use of the employer’s equipment or other property.”

But the amended off-duty conduct law carves out circumstances under which an employer would not be in violation for crying foul on an employee’s pot use. Those exceptions include situations when “the employer’s actions were required by state or federal statute, regulation, ordinance, or other state or federal governmental mandate,” or if “the employee is impaired by the use of cannabis, meaning the employee manifests specific articulable symptoms while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position.”

An employer can also take action if the employee’s pot-induced side effects “interfere with an employer’s obligation to provide a safe and healthy workplace, free from recognized hazards, as required by state and federal occupational safety and health law.”

Complications With The Amended Off-Duty Conduct Law​

Michael S. Arnold of the National Law Review wrote that the amendment could lead to some complicated scenarios.

“To be clear: the update to the law does nothing to prevent employers from implementing and administering drug-free workplace policies, which are still strongly recommended. But the administration of these policies just became more complicated given the wording of the amendments,” wrote Arnold.

“An employer cannot discipline (e.g. terminate) an employee because they used cannabis before they started the workday, but can do so if they are ‘impaired’ by its use during working hours. Here, though, the law attempts to define ‘impairment’ such that: the employee manifests specific articulable symptoms while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position, or such specific articulable symptoms interfere with an employer’s obligation to provide a safe and healthy workplace, free from recognized hazards, as required by state and federal occupational safety and health law.”

“That’s a mouthful!” Arnold added. “And it begs for further clarification from the Department of Labor via regulations or other guidance (and, of course, will be subject to interpretation from the courts).”

New York’s new cannabis law was officially enacted last month after Gov. Andrew Cuomosigned legislation on the final day of March.

It marked a breakthrough for the state, which had seen other legalization efforts in recent years barely get off the ground. Cuomo called it “a historic day in New York—one that rights the wrongs of the past by putting an end to harsh prison sentences, embraces an industry that will grow the Empire State’s economy, and prioritizes marginalized communities so those that have suffered the most will be the first to reap the benefits.”

The regulated pot market won’t be up in running in New York for at least a year, but the law did yield some immediate changes. New Yorkers are now, for example, free to smoke pot in public wherever smoking tobacco is also permitted.
 

New York Lawmakers Approve Governor’s Key Marijuana Regulatory Appointees To ‘Jumpstart’ Legalization​


The newly inaugurated governor of New York says she wants to “jumpstart” the implementation of marijuana legalization—and she took a major step on Wednesday by making two key regulatory appointments to oversee the state’s cannabis market that were quickly confirmed by the Senate during a special session.

Former New York Assemblywoman Tremaine Wright (D) will serve as chair the Cannabis Control Board, and former Drug Policy Alliance (DPA) staffer Christopher Alexander will be the executive director of the state’s Office of Cannabis Management.

The Senate Finance Committee advanced the two nominations earlier on Wednesday prior to the final vote by the full body.



“We’re definitely excited that the governor has prioritized rolling this out,” Alexander said at the hearing. “We had a six month delay—we’re behind six months already—and so the [governor’s] priority, she’s been very clear that she wants to get this going.”

Gov. Kathy Hochul (D), who replaced former Gov. Andrew Cuomo (D) last week after he resigned amid a sexual harassment scandal, has been supportive of the legislature’s passage of the adult-use legalization bill this year. And while her predecessor faced criticism as negotiations with legislators on potential appointments stalled, Hochul has now taken the helm and is working with leaders on how to move the process forward.

“One of my top priorities is to finally get New York’s cannabis industry up and running—this has been long overdue, but we’re going to make up for lost time,” Hochul said in a press release.

The newly confirmed officials “bring a wealth of knowledge and experience to their new roles, and I know they will do a tremendous job of outlining and implementing regulations that are safe, fair and transparent, and that recognize the need to remedy the impact that prohibition has had on communities of color,” she said.

The governor said at a press conference on Tuesday that getting the marijuana market moving is “very important to me,” adding that naming regulators are among the “long-overdue decisions pertaining to establishing cannabis in the state of New York.”



“There’s no reason why simple announcements in terms of who the executive director [of the Office of Cannabis Management] is and who the chairperson is were not done in time, but I’m going to make up for that lost time,” she said, criticizing Cuomo for not getting the job done. “I want those decisions made, and I’ve made the decisions as to who I want, but they need confirmation from the legislature.”

Under New York’s legalization law, the independent Office of Cannabis Management within the New York State Liquor Authority was established and will be responsible for regulating the recreational cannabis market as well as the existing medical marijuana and hemp programs. It will be overseen by a five-member Cannabis Control Board. Three members will be appointed by the governor, and the Senate and Assembly would appoint one member each. It’s not yet clear when those other appointments will be made.

Sen. Liz Krueger (D), who chairs the Finance Committee and was the lead sponsor of the Marijuana Regulation and Taxation Act (MRTA) that created the state’s legal cannabis law, said she is “extremely pleased” with the first two appointments.

“The process of implementing MRTA has been delayed too long, but finally we are seeing some light at the end of the tunnel,” she said in a press release.



Kassandra Frederique, executive director of DPA, said in a press release that “New Yorkers have been clear that cannabis is a critical criminal justice issue and that the communities that have been most impacted should have a crucial role in governing the new market and the larger regulatory institution, which historically has not been the case in other states that have legalized cannabis,”

“By moving swiftly to establish the adult use cannabis program after delays under her predecessor and nominating leaders who have long been involved in the fight for marijuana justice in New York, Governor Hochul is sending a strong signal that the landmark racial and economic justice provisions we fought so hard for in the Marijuana Regulation and Taxation Act will be taken seriously and implemented accordingly,” she said.



Alexander, who has also served as a lobbyist for the Canadian-based marijuana company Village, said during an Albany Law School webinar in May that social economic equity should be a priority in marijuana reform.

Frederique said that both appointees “understand the deep harm that criminalization has caused to individuals and communities—especially communities of color—across the state.” And their “past work has reflected a commitment to working with people who have been directly impacted by prohibition and demonstrated a belief in evidence-based policies that center equity and justice.”



As it stands, adults 21 and older can possess up to three ounces of cannabis or 24 grams of concentrates in New York—and they can also smoke marijuana in public anywhere tobacco can be smoked—but there aren’t any shops open for business yet.

“Nominating and confirming individuals with diverse experiences and subject matter expertise, who are representative of communities from across the state, to the Cannabis Control Board is a priority for Gov. Hochul,” spokesperson Jordan Bennett recently told The New York Post. “We look forward to working with the legislature to keep this process moving forward.”

Senate Majority Leader Andrea Stewart-Cousins (D) and Assembly Speaker Carl Heastie (D) have also had conversations with the governor about her priorities for cannabis implementation in recent days. The speaker told The Post that Hochul “did say [confirming regulators] was something that she wanted us all to concentrate on—and we agreed.”

That’s welcome news for advocates who had grown frustrated with Cuomo for slow-walking the appointments. There were serious disagreements between the former administration and lawmakers about who to appoint, but they’re encouraged by the new governor’s moves that signal her administration will be proactive in getting the regulatory infrastructure set up in a timely manner.

Adding pressure to get the market up and running is the fact that regulators in neighboring New Jersey recently released rules for its adult-use marijuana program, which is being implemented after voters approved a legalization referendum last year.

When it comes to Hochul’s overall stance on cannabis policy, she was a consistent advocate for the prior administration’s legalization plan and said the reform was “long overdue” for New York. She also defended Cuomo’s proposal in the face of criticism of various provisions from some advocates, but she told Marijuana Moment in January that there was room for amendments, many of which were made to address activists’ concerns.

While serving as lieutenant governor, Hochul said in an interview with Cheddar that she wants to ensure that the emerging industry is equitable and that “communities of color will understand exactly what’s involved in applying for these licenses as soon as they’re available.”

After Cuomo signed legalization into law in March, the official said, “not only will this help correct an unjust system that targets marginalized communities, it will create jobs & invest in those who have been historically underserved.”

In July, a New York senator filed a bill to create a provisional marijuana licensing category so that farmers could begin cultivating and selling cannabis ahead of the formal rollout of the adult-use program. The bill has been referred to the Senate Rules Committee.

The state comptroller recently projected that New York stands to eventually generate $245 million in annual marijuana revenue.

For the first year of cannabis sales, the state is expected to see just $20 million in tax and fee collections. That will be part of an estimated $26.7 billion in new revenues that New York is expected to generate in fiscal year 2021-2022 under a budget that the legislature passed in April.

“Cannabis legalization will create more than 60,000 new jobs, spurring $3.5 billion in economic activity and generating an estimated $300 million in tax revenue when fully implemented,” the former governor’s office said in January.

Meanwhile, a New York lawmaker introduced a bill in June that would require the state to establish an institute to research the therapeutic potential of psychedelics.
 
NEWS BRIEF

New York’s marijuana regulatory board finally in place​

Published 6 hours ago



New York’s governor appointed the final two members of the board that will oversee the state’s nascent recreational marijuana program, meaning there might soon be some movement in getting the state’s adult-use market up and running.
Gov. Kathy Hochul, who has vowed to make up for “lost time” in launching a program that was approved by state lawmakers in late March, on Wednesday completed the New York Cannabis Control Board by appointing:
  • Reuben McDaniel, the president and CEO of the Dormitory Authority of New York State.
  • Jessica Garcia, the assistant to the president of the Retail, Wholesale Department Store Union.
They join two previous appointees – Adam Perry and Jen Metzger – as well as previously appointed Tremaine Wright and Chris Alexander.
Wright will serve as chair of the Cannabis Control Board and the Office of Cannabis Management, Alexander as executive director of both agencies.
New York’s adult-use market had been expected to launch as soon as spring 2022.
But that target date became unlikely when former Gov. Andrew Cuomo, who had been dragging his heels on appointing the Cannabis Control Board, stepped down and was replaced by Hochul.
 

New York Marijuana Regulators Hold First Legalization Implementation Meeting And Approve Patient Access To Flower Cannabis​


New York’s Cannabis Control Board (CCB) held its first meeting on Tuesday, a key step toward implementing the state’s adult-use marijuana program.

Regulators announced that some changes to the state’s existing medical cannabis program that were included in the recreational legalization law enacted earlier this year will take effect immediately. Dispensaries will now be allowed to sell flower marijuana products to qualified patients, for example. But home cultivation for patients remains prohibited for the time being because officials have failed to meet a deadline to develop rules for such activity.

It’s unclear when home grow regulations will be put into place, but former New York Assemblywoman Tremaine Wright (D), who chairs CCB, said they body is “very committed to drafting these regulations and issuing them for public comments, and expect it to be an agenda item on one of the upcoming board meetings.” She did not provide specifics on when to expect that to happen, however.

Members of the board, who were recently appointed by the governor and legislative leaders, also discussed ethical considerations for regulators, approved key staff hires and talked about next steps for the panel.

While the conversation was largely preliminary—and lasted just over a half hour—the board signed off on some regulatory positions such as a chief equity officer. Jason Starr, who served as assistant counsel to former New York Gov. Andrew Cuomo (D) and also worked at the New York Civil Liberties Union, will assume that role.

The panel also announced that the state’s medical marijuana program would be immediately affected. Patients will be able to access flower cannabis products at existing dispensaries, and the $50 registration fee for patients and caregivers is being permanently waived, for example. Lawmakers who sponsored the legalization bill had argued that those changes to the law could be self-executing and did not require the regulatory body to be seated to be enacted, but Cuomo’s administration had a different view.

Gov. Kathy Hochul (D), who replaced Cuomo after he resigned amid a sexual harassment scandal, has repeatedly emphasized her interest in efficiently implementing the legalization law that was signed in March.

At a recent event, she touted the fact that she had quickly made regulatory appointmentsthat had been delayed under her predecessor. “I believe there’s thousands and thousands of jobs” that could be created in the new industry, the governor said.

Advocates are encouraged by the appointments and Hochul’s attention to the issue. And now with the board filled out and having held an introductory meeting, the work begins to create rules for marijuana business licensing. Members will have broad authority to establish licensing regulations, and activists will be watching closely to see the extent to which social equity applicants will be prioritized.

CCB is responsible for overseeing the independent Office of Cannabis Management within the New York State Liquor Authority, which is also responsible for regulating the state’s medical marijuana and hemp industries.

As it stands, adults 21 and older can possess up to three ounces of cannabis or 24 grams of concentrates in New York—and they can also smoke marijuana in public anywhere tobacco can be smoked—but there aren’t any shops open for business yet.

The first licensed recreational marijuana retailers in New York may actually be located on Indian territory, with one tribe officially opening applications for prospective licensees earlier this month.

In July, a New York senator filed a bill to create a provisional marijuana licensing category so that farmers could begin cultivating and selling cannabis ahead of the formal rollout of the adult-use program. The bill has been referred to the Senate Rules Committee.

Because the implementation process has been drawn out, however, one GOP senator wants to give local jurisdictions another year to decide whether they will opt out of allowing marijuana businesses to operate in their area—a proposal that advocates say is unnecessary and would create undue complications for the industry.

Under the law as enacted, municipalities must determine whether they will opt out of permitting marijuana retailers or social consumption sites by December 31, 2021. Sen. George Borrello (R) introduced legislation earlier this month that would push that deadline back one year.

Legalization activists aren’t buying the argument, however.

Adding pressure to get the market up and running is the fact that regulators in neighboring New Jersey recently released rules for its adult-use marijuana program, which is being implemented after voters approved a legalization referendum last year.

The state comptroller recently projected that New York stands to eventually generate $245 million in annual marijuana revenue, which they say will help offset losses from declining tobacco sales.

For the first year of cannabis sales, the state is expected to see just $20 million in tax and fee collections. That will be part of an estimated $26.7 billion in new revenues that New York is expected to generate in fiscal year 2021-2022 under a budget that the legislature passed in April.

Meanwhile, a New York lawmaker introduced a bill in June that would require the state to establish an institute to research the therapeutic potential of psychedelics.
 

New York Regulators Move To Let Medical Cannabis Patients Grow Their Own And Give Marijuana Expungements Update​


New York marijuana regulators are finally moving to allow medical cannabis patients in the state to grow plants for personal use, and they’ve provided an update on progress toward expunging prior marijuana conviction records.

At their second meeting on Thursday, New York’s Cannabis Control Board (CCB) voted unanimously to file the proposed regulations, which would allow qualified patients to cultivate up to six plants—indoors or outdoors—for their own therapeutic use.

There will be a 60-day public comment period after the rules are published. Then the board will review those comments, make any necessary revisions and officially file the regulations to take effect.

“We are proud to present those proposed regulations,” former Assemblywoman Tremaine Wright (D), who chairs CCB, said. “The home cultivation of medical cannabis will provide certified patients with a cost-effective means of obtaining cannabis through personal cultivation while creating a set of standards governing the conduct and activities relating to the personal cultivation of cannabis.”

A slide presented by the board states that the rules would impose “a duty on patients to take reasonable measures to ensure that cannabis plants, and any cannabis cultivated from such plants, is not readily accessible to anyone under the age of 21.”

247320121_1204581513368769_8595883338319023813_n-1536x859.png


Caregivers for patients under 21 “whose physical or cognitive impairments prevent them from cultivating cannabis” could also grow up to six plants on their behalf. For caregivers with more than one patient, they can “cultivate 1 additional cannabis plant for each subsequent patient.”

Landlords would have the option of prohibiting tenants from growing marijuana on their properties. Cannabis products could not be processed using any liquid or gas, other than alcohol, that has a flashpoint below 100 degrees.

Rules for home cultivation for patients were supposed to be released earlier, but officials failed to meet the legislatively mandated deadline. Recreational consumers, meanwhile, won’t be able to grow their own marijuana until after adult-use sales begin, which isn’t expected for months.

Prior to signing legalization into law—and before resigning amid a sexual harassment scandal this year—then-Gov. Andrew Cuomo (D) put forth a reform plan that proposed maintaining a ban on home cultivation.

In 2019, Marijuana Moment obtained documents showing that a New York-based marijuana business association led by the executives of the state’s major licensed medical cannabis providers had previously sent a policy statement to Cuomo’s office arguing against allowing patients to grow their own medicine.

At the meeting on Thursday, the Office of Cannabis Management also provided an update on efforts to expunge cannabis records.

There have been 45 expungements for cases related to marijuana possession, though most remain “under custody or supervision for additional crimes,” another slide reads.

247488907_1166598037081933_5661867807014484027_n-1536x859.png


“Approximately 203,000 marijuana related charges are presently being suppressed from background searches and in process to be sealed or expunged,” it continues. “This will add to the approximately 198,000 sealing accomplished as part of the first round of marijuana expungements for the 2019 expungement legislation.”

At their first meeting earlier this month, CCB announced that medical marijuana dispensaries will now be allowed to sell flower cannabis products to qualified patients. The $50 registration fee for patients and caregivers is also being permanently waived.

Members of the board, who were recently appointed by the governor and legislative leaders, also discussed ethical considerations for regulators, approved key staff hires and talked about next steps for the panel.

Gov. Kathy Hochul (D), who replaced Cuomo, has repeatedly emphasized her interest in efficiently implementing the legalization law that was signed in March.

At a recent event, she touted the fact that she had quickly made regulatory appointments that had been delayed under her predecessor. “I believe there’s thousands and thousands of jobs” that could be created in the new industry, the governor said.

CCB is responsible for overseeing the independent Office of Cannabis Management within the New York State Liquor Authority, which is also responsible for regulating the state’s medical marijuana and hemp industries.

As it stands, adults 21 and older can possess up to three ounces of cannabis or 24 grams of concentrates in New York—and they can also smoke marijuana in public anywhere tobacco can be smoked—but there aren’t any shops open for business yet.

The state Department of Labor separately announced in new guidance that New York employers are no longer allowed to drug test most workers for marijuana.

The first licensed recreational marijuana retailers in New York may actually be located on Indian territory, with one tribe officially opening applications for prospective licensees earlier this month.

In July, a New York senator filed a bill to create a provisional marijuana licensing category so that farmers could begin cultivating and selling cannabis ahead of the formal rollout of the adult-use program. The bill has been referred to the Senate Rules Committee.

Because the implementation process has been drawn out, however, one GOP senator wants to give local jurisdictions another year to decide whether they will opt out of allowing marijuana businesses to operate in their area—a proposal that advocates say is unnecessary and would create undue complications for the industry.

Under the law as enacted, municipalities must determine whether they will opt out of permitting marijuana retailers or social consumption sites by December 31, 2021. Sen. George Borrello (R) introduced legislation earlier this month that would push that deadline back one year.

Legalization activists aren’t buying the argument, however.

Adding pressure to get the market up and running is the fact that regulators in neighboring New Jersey recently released rules for its adult-use marijuana program, which is being implemented after voters approved a legalization referendum last year.

The state comptroller recently projected that New York stands to eventually generate $245 million in annual marijuana revenue, which they say will help offset losses from declining tobacco sales.

For the first year of cannabis sales, the state is expected to see just $20 million in tax and fee collections. That will be part of an estimated $26.7 billion in new revenues that New York is expected to generate in fiscal year 2021-2022 under a budget that the legislature passed in April.

Meanwhile, a New York lawmaker introduced a bill in June that would require the state to establish an institute to research the therapeutic potential of psychedelics.
 

New York State Bans Most Employers From Drug Testing for Pot​

New York officials finally provided drug testing freedoms that workers have been waiting for.

The majority of New York employers are barred from drug testing employees for off-the-clock cannabis use, according to new guidance. The New York State Department of Labor (DOL) released new guidance regarding legalized recreational marijuana use and the workplace including the new worker protections.

The DOL published amendments to an existing labor law entitled New York Labor Law 201-D: Adult Cannabis in the Workplace, including specific guidelines about drug testing for cannabis in the workplace.

New York’s bill to legalize adult-use cannabis, approved last March, already prohibits most employers from conducting against off-the-clock cannabis use. New York’s Marijuana Regulation and Taxation Act (MRTA) was intended to create a legal industry, which includes worker protections for law-abiding employees. Furthermore, New York City banned pre-employment drug testing in most situations, taking effect last May.

The new guidance, abbreviated in a convenient FAQ, makes it clear that off-the-clock cannabis use should be tolerated by employers in most situations. It defines mandatory pre-employment drug testing for cannabis as “discrimination.”

“Discrimination Prohibited,” the title of the opening paragraph of the new guidance reads.

“The MRTA amended Section 201-D of the New York Labor Law to clarify that cannabis used in accordance with New York State law is a legal consumable product,” the document reads. “As such, employers are prohibited from discriminating against employees based on the employee’s use of cannabis outside of the workplace, outside of work hours, and without use of the employer’s equipment or property.”

Under the new guidance, an employer cannot test an employee for cannabis “unless the employer is permitted to do so pursuant to the provisions of Labor Law Section 201-D(4-a) or other applicable laws.”

Furthermore, it appears that state officials have finally come to their senses regarding the actual time frame of cannabis impairment. While a cannabis high only lasts hours, cannabis metabolites remain in the body for weeks, sometimes months, after use.

“No, a test for cannabis usage cannot serve as a basis for an employer’s conclusion that an employee was impaired by the use of cannabis, since such tests do not currently demonstrate impairment,” the document reads, answering a question on the FAQ.


Obviously, workers cannot smoke cannabis on the clock and expect protection. Certain jobs involving machinery and other workplace dangers require alertness. “An employer is not prohibited from taking employment action against an employee if the employee is impaired by cannabis while working,”

The Dread of Drug Testing in New York​

Drug tests are especially nerve-wracking for cannabis consumers, as it’s easier to detect cannabis for longer periods of time. More than likely, drug tests cannot determine current impairment, according to a growing body of research.

Researchers from Australia’s Lambert Initiative for Cannabinoid Therapeutics at the University of Sydney determined that cannabis impairment lasts 3-10 hours, and that drug testing for THC impairment is almost certainly not reliable in any sense.

It provides big implications for workplace safety, as well as impaired driving laws.

Other studies support that data. A Canada-based study showed that drug testing for THC impairment is inaccurate, and improvements are needed before we can truly understand cannabis impairment while driving, and before we can truly determine who is impaired.

In the meantime, some job searches allow job searches of only jobs that don’t drug test, forcing prospective employees to disclose what substances enter their body. Phynally, an online resource launched by Philadelphia, Pennsylvania-based entrepreneur Damian Jorden, allows job seekers to search for jobs that don’t drug test. “We are the LinkedIn for cannabis users,” Jorden, 35, told Philadelphia magazine earlier this year.
 
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