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Law New York

It's Lit! NYC Can No Longer Test For Weed When Hiring Or Probation Folks

The NYC Council announced that they just passed bills prohibiting marijuana testing being required as part of the hiring process in New York City, and banning the City from requiring marijuana testing for people on probation.

'This bill will close one trap door that trips people up,” said the council’s Public Safety Committee chair Donovan Richards. “Too many people come out, they are trying to do better, and they get busted for marijuana and go back into jail or prison. This sets them back.”

The city conducts hundreds of such tests each year.
 
Get used to hearing about Illinois speeding past us in future NYS MJ related news. :disgust: And more finger pointing at the Senate from Cuomo. :horse:
Legal recreational marijuana in New York? Not this year, its governor says. - Chicago Tribune
Advocacy groups that have been working on legalization for years say they are frustrated by the lack of progress on the bill as the session's end nears. Kassandra Frederique, New York state director for the Drug Policy Alliance, said she holds Cuomo, Stewart-Cousins and Assembly Speaker Carl Heastie, D-Bronx, equally responsible."All three are stalling," she said.

Illinois's plan addresses the 'inequality' issue by expunging past records and using the revenue from MJ for helping the communities most affected by the War on drugs. Or something along those lines. Meanwhile more stalling in NYS continues.
 
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Its ok....there will just be a booming tourist business to MA and DE....with their tax dollars.

Apparently this guy is also math challenged and can't seem to understand simple poll results.


NY Dem Chair Warns Against Passing Voter-Supported Marijuana Legalization Bill

The head of New York’s Democratic Party said on Thursday that if the state Senate votes on a marijuana legalization bill, his party’s lawmakers run the risk of alienating voters and losing reelection next year.

Jay Jacobs, the state party chairman, claimed that several “far progressive” measures, including cannabis legalization, lack popularity in certain areas across the state such as Long Island and upstate New York. He cautioned lawmakers against putting the issue to a vote, arguing that voters would “throw us out of office.”

“It could be the straw that breaks the camel’s back,” he told Newsday.

Polling doesn’t support that conclusion, though. According to a March 2019 survey from Quinnipiac, 65 percent of New Yorkers are in favor of allowing adults to legally possess cannabis for personal use. That includes 63 percent of respondents in upstate New York and 65 percent of those living in the suburbs. Sixty-six percent of independents statewide also back ending marijuana prohibition.

Screen-Shot-2019-06-07-at-9.22.39-AM-1024x486.png

Via Quinnipiac.

Additionally, 59 percent of voters said they support letting marijuana businesses sell marijuana in their own communities. Sixty percent of upstate residents and 54 percent of suburbanites said the same.

That puts support for a legal cannabis system higher than the approval ratings in the very same survey for elected Democrats such as Gov. Andrew Cuomo, U.S. Senate Minority Leader Chuck Schumer, U.S. Sen. Kirsten Gillibrand, the speaker of the state Assembly and the state Senate majority leader.

Jacobs’s comments come at a time when advocates are struggling to advance a legalization bill that is just two votes shy of being passable in the Senate, according to an analysis by The Democrat & Chronicle.

Despite Cuomo including legalization in his budget proposal and pressuring lawmakers to get the legislation to his desk this session, the governor said earlier this week that the bill will not pass “because the Senate doesn’t have the votes.”

He doubled down on blaming the chamber for the stalled legislation in an interview with WAMC on Friday, saying that even if he “kept the Senate there for the next ten years, they couldn’t pass marijuana.”

That said, it’s possible that the legislation will be inserted into an omnibus spending bill in the closing hours of the session.

There’s also a chance that Senate Democrats will agree to a plan to bring the bill up for a full floor vote after they meet to discuss legalization during a caucus conference next week.

Cuomo’s statements about the vote deficit that legalization faces in the Senate, and his reluctance to more forcefully press lawmakers from his party on the issue have frustrated its backers in the legislature. Sen. Liz Krueger (D) said on Thursday that if “we don’t get the support of the governor, I will not be able to convince my colleagues—some of whom are on the fence—that this is a good vote for them because this is a controversial issue.”

“If they believe this is something the governor will follow through on and commit to and back us up on, I believe we can bring it across the finish line,” she said.

While the state Democratic chair might not hold the same sway as Cuomo, his statements dismissing legalization legislation are likely to draw similar criticism, especially considering that the party adopted a resolution in support of regulating cannabis last year.

Interestingly, while the Democratic official warned against moving forward on legalization in a state where the issue enjoys majority support, the incoming chair of New York’s Republican Party said last week that he’s open-minded about marijuana reform.

“I don’t have the same hostility toward the legalization of marijuana as maybe my predecessors did,” Nick Langworthy said. However, he added that Republicans “should not be trying to lead the pack in the field of legalization of marijuana.”

With fewer than 10 working days left in the current legislative session, pressure to pass the reform bill is reaching a boiling point.

Frustration over the legislature’s inability to rally support for the legislation has escalated in the days since lawmakers in Illinois sent a legalization bill to the governor’s desk. A Delaware House committee also approved legalization on Wednesday.

Neighboring New Jersey, meanwhile, has thrown in the towel on legalizing cannabis this year. Instead, leading lawmakers said the issue will be decided by voters in the form of a referendum on the 2020 ballot.
 
Perhaps someone I indirectly know is a NY farmer who would like to sell it at a Farmer's Market?
New York farmers: Legalize marijuana so we can grow it

New York Farm Bureau backs marijuana legalization - Times Union

The knifes are out with the Anti MJ group ironically calling themselves the Smart Approaches to Marijuana. With billboards targeting pro MJ senators in NYS. S.A.M is based out of Virginia/WA. Meddlers is more accurate.
New York marijuana: What to know about anti-pot billboards, lawmakers
 
Fucking fucktards! They pass a bill making declawing your cat illegal, but cannot address Cannabis legalization! #fuckcuomo
 
Now, let's be frank and honest....Cuomo NEVER was an advocate for MJ legalization and ONLY changed his position to win a primary challenge from Cythia Nixon.

It should NOT come as a surprise that he is not whipping votes in the NY Senate.....let me say it again, Cuomo NEVER was an advocate for legalization. This is all just an ass covering move by him.

Cuomo is a tool, no doubt. But NY, you re-elected him so he's all yours.



New York Legalization Is Coming Down to the Wire


With just a week to go before the end of New York’s legislative session, cannabis legalization is teetering between success and failure.

Tensions are running high among legislators and activists alike. The state Senate has gathered almost enough votes to pass its adult-use bill, the Marijuana Regulation and Taxation Act (MRTA), yet Gov. Andrew Cuomo seems more interested in shifting the blame of a potential failure away from himself than helping persuade hesitant senators to join the cause.

The fate of adult-use legalization could hang on two votes.
Both pro- and anti-legalization organizations are making impassioned cases to lawmakers and the public. Adding to the chaos: Legislators have cooked up separate bills to expand the state’s bare-bones medical program and to regulate the state’s exploding CBD and hemp industry—but only if the adult-use bill falls through.

“It’s time to put a stop to [the War on Drugs],” said Assemblymember Richard Gottfried (D-Manhattan). “We’re going to do our darndest… to make sure that this bill can come together and be passed by both houses and be signed by the governor.”

Will that be enough? Right now the outcome is too close to call.

Newfound Momentum
Legalization is expected to clear the State Assembly; in the Senate, however, the vote will likely hinge on just two votes.

Here’s how Jon Campbell and Joseph Spector, of the Rochester Democrat & Chronicle’s Albany bureau, had the votes shaping up as of late last week:


Original data and graphic from the Rochester Democrat & Chronicle.
55% Support Among New Yorkers
A few recent events have given legalization advocates a dose of encouragement. A poll released Monday found that 55% of New Yorkers are in favor of legalization, with the bulk of the support coming from people under 35. Illinois’ recent success in passing adult-use legislation has also given New Yorkers hope. Lawmakers in swing districts, though, may still not be convinced to back the legalization bill out of fear of being voted out of office.

The United Auto Workers and the Farm Bureau are supporters. So are 55% of New Yorkers.
Some of New York’s most prominent unions have also come out in support of the bill. A few weeks ago, members of the Service Employees International Union (SEIU) Local 1199, which represents over 250,000 health care workers, and the United Auto Workers (UAW), Region 9A, publicly stated its support of the Marijuana Regulation and Taxation Act.

“If there’s a social justice fight, the United Auto Workers are there,” said Deborah Wright, the political director for UAW Region 9A. “This is particularly important to so many of us throughout the UAW,” she added. “The time has come.”

The New York Farm Bureau also announced its support of the legislation in a memo this week. “Given the current status of the farm economy in New York state, farmers recognize the potential opportunity the cultivation of cannabis could be for New York State’s agriculture industry,” Farm Bureau officials said in the memo.


RELATED STORY
New York Launches Final Bid for Adult-Use Legalization in 2019

Cuomo Points Fingers Instead of Twisting Arms
Those hints of optimism come amid an escalating public feud between legislators and Gov. Cuomo. Even though Cuomo originally announced that cannabis legalization would be a top priority for the first 100 days of this term, he has since lost the confidence of legalization advocates as the bill stalled, choosing to point fingers at his fellow Democrats rather than help them carry the bill across the finish line.

“I think if I kept the Senate [in session] for the next 10 years, they couldn’t pass marijuana,” Cuomo said recently, in another jab at his peers and fellow party members.

Some legislators now see Cuomo as an impediment to passing the bill.

What up with Cuomo? 'He doesn't want this to happen,' says state Sen. Liz Krueger.
“We have not had any three-way discussions since they fell apart during the budget. Though, they never really fell apart during the budget; he just stopped calling three ways,” said state Sen. Liz Krueger (D-Manhattan), an original sponsor of the MRTA legislation, regarding negotiations between the Cuomo, the Senate and the Assembly.

When pressed for an explanation, Krueger responded: “He doesn’t want this to happen.”

Officials in Cuomo’s office, for their part, said that they are “engaging” with legislators’ staff.

Cuomo isn’t the only Democrat standing in the way of legalization. Jay Jacobs, the state Democratic party chairman (who was appointed by Cuomo), publicly cautioned Democrats to avoid supporting several “far progressive” measures, including legalization, last week. “It could be the straw that breaks the camel’s back,” he said.


RELATED STORY
Is Cannabis Legal in New York City? Well…It’s Complicated

Advocates and Opponents Ramping Up
With the fate of legalization hanging on just two votes, activists on both sides of the issue are making eleventh-hour pushes, both in person and on billboards that have gone up throughout the state. Last week cannabis advocates as well as anti-legalization forces gathered at the State Capitol building in Albany for back-to-back press conferences. The anti-legalization organization Smart Approaches to Marijuana (SAM) assembled a coalition of PTA members, cops and others to make their case.

The event was organized in part by an anti-legalization group with ties to SAM, the New York State Substance Abuse Task Force. The group portrays itself as a state agency, but has no public presence beyond a Facebook group with 100 members (it claims to be a coalition of 90 different organizations). When contacted for more information regarding their presence and actual support, the group responded by simply offered to pass along their mission statement.

Both advocates and anti-legalization forces have put up billboards around the state. SAM spent $10,000 on four billboards that contain very deceptive statistics. For instance, one states “Since marijuana legalization, opioid-related deaths have risen 49% in [Colorado].” That’s technically true, but it’s also less than half the average national increase in opioid-related deaths.

Weedmaps, on the other hand, has put up over 60 billboards with “WeedFacts” on them around the state, including one very close to the Capitol Building.


RELATED STORY
Surprise! Illinois Becomes the 11th Cannabis Legalization State

Backup Bills at the Ready
Lawmakers have recently introduced a pair of backup bills in case the adult-use effort fails. An expanded medical bill, spearheaded by state Sen. Diane Savino and Assemblymember Richard Gottfried, would eliminate qualifying conditions and legalize cannabis flower for all patients. A hemp regulation bill, introduced by Assemblymember Donna Lupardo, would regulate every step of the hemp supply chain. “Ultimately what we want is for New York to have the safest product line in the country, with the best labeling standards, the best testing standards, so that people know what they’re buying,” Lupardo said.

In the wake of Congress’ late-2018 passage of the farm bill, which removed federal restrictions on hemp (which is cannabis with less than 0.3% THC), the hemp industry has exploded in New York. Earlier this year, the Canadian cannabis giant Canopy Growth chose to open its new 300,000 square foot hemp farm and extraction center in upstate New York. The industry is expected to grow by 20% every year for the next decade.

Needless to say, a lot could change in the next few days as the legislative session comes to a close. Cuomo has floated the idea of extending the session, but only to address another unfinished matter of business, rent reform.

What happens next is anyone’s guess.
 
It's a situation of 'fish or cut bait' this week.
As deadline nears, New York’s marijuana negotiations hit snags – The Buffalo News

Lawmakers taking a final look into marijuana legalization in New York State

Sources: Governor Andrew Cuomo’s Office, Senate & Assembly Meet To Discuss Marijuana Legalization – CBS New York
If they fail this time however. Pot shops will be cropping up all across the borders. You can't sit on the proverbial chamber pot for over 6 months and not get noticed by the border states and Canada. :goofs:
https://www.localsyr.com/news/local...-rainbow-bridge-on-canadian-border/2079200626
 
Plan A or Plan B. :juggle: It might even be decided today. Plan B decriminalizes MJ possession further and with some first time measures regarding Medical and CBD. But aren't we trying to expunge MJ possession records now? To deal with the 'inequality' caused by law enforcement? Wasn't that part of their argument? Am I sensing a disconnect here? :thinker:

Plan B should have been Plan A about 2 years ago. IMO, a perfect case of too little, too late.
New York Readies 3 Cannabis Bills if Adult-Use Fails | Leafly

Lawmakers still pushing to legalize pot, but there’s a Plan B – The Buffalo News
 
NY, you need a new crop of politicians, IMO. Ones who actually represent their constituent's views.

New York state decriminalizes marijuana after legalization fails


Efforts to legalize marijuana in New York state have failed, so lawmakers did the next best thing: Decriminalize it.

The Staten Island Advance reports the New York State Senate passed a bill Thursday to decriminalize small amounts of recreational marijuana in the Empire State. The legislation decriminalizes possession of less than two ounces of pot and establishes procedures to expunge most criminal records for marijuana-possession misdemeanors.

As many as 600,000 New Yorkers -- mostly black and Latino -- may benefit from the expungement of past marijuana convictions, according to the Associated Press.

“In New York State, people of color are disproportionately arrested for marijuana possession," New York State Senator Jamaal Bailey (D-Bronx), who sponsored the bill, said. “The misdemeanor charge for public view of marijuana possession gives those people convicted a criminal record that will follow them throughout their lives, potentially limiting their access to housing, access to education, affecting their ability to obtain employment, all leading to a potential inability to provide for their families."

Bailey called decriminalization a “step in the right direction in finally ending the heavy-handed war on drugs that has decimated communities of color."

Legalization would have allowed possession of weed and set up a legal framework for growing, producing and retailing, along with setting taxes on cannabis products. Eleven other U.S. states have already done the same.

But Gov. Andrew Cuomo said that he was informed the Senate did not have enough votes to legalize marijuana.

“I said from the beginning of this session that I believed marijuana legalization had the best chance of being passed in this year’s budget,” Cuomo said in a statement. "Communities of color have been disproportionately impacted by laws governing marijuana for far too long and it has to end.

“I understand the desire to end session today as planned, and will give the legislature a message of necessity to expedite passage if required. This legislative proposal is not new. I first proposed this decriminalization measure in 2013, and again in this year’s budget. The time to act is now.”

Cuomo said in January he wanted to legalize adult recreational marijuana use before the end of the 2019 legislative session Thursday, but said he was open to decriminalization as an alternative.

The New York Post reports Cuomo plans to sign the decriminalization bill into law as early as Friday.
 
NY, you need a new crop of politicians, IMO.

And here is a good list to start with. :torching:

Here Are The State Senate Democrats Responsible For Killing Marijuana Legalization In NY

nineninnies06.jpg


By all appearances, this was the year that New York should have legalized marijuana. After decades of near-total Republican control of the State Senate, Democrats snatched back the chamber in November, locking in a 39-24 majority. A month later, Governor Andrew Cuomo came out with an emphatic endorsement of legalization, trading years of "gateway drug" moralizing for a new interest in bringing recreational pot to adult New Yorkers "once and for all."

The shifting winds in Albany reflected public sentiment, as poll after poll has shown a growing majority of state residents—from upstate to the suburbs to New York City—now support legal adult-use marijuana.

So, what happened? On Wednesday, a last-second push to pass a comprehensive legalization bill crumbled, suffering the same fate as a similar proposal during budget negotiations back in April. Lawmakers blamed the complexity of the issue and a lack of genuine support from the governor. The bill's sponsor, Liz Krueger, said they came close, but "ran out of time."


It's hard to know just how close they actually came, as the measure didn't make it to the Senate floor for a vote, and was in the final round of amendments when the plug was pulled in the middle of the night. But reports have indicated that an estimated 30 Democratic Senators backed legalization—just two shy of the minimum number needed for passage—while at least nine had expressed misgivings or outright opposition. Of those hold-outs, five are from Long Island, two are from Westchester, and two are from New York City. As the Buffalo News aptly summarized: "Blame downstate senators."

Following the collapse, Gothamist reached out to each of the nine Democratic Senators believed to be either against legalization, or stubbornly undecided. We asked about the reasons they did not support the bill, whether they were glad that it had ultimately failed, and if they could see themselves supporting legalization in the future.

Those who responded cited the pressure campaign mounted by parent groups and law enforcement officials, concerns about first- and secondhand health risks, and perceived realities within their own districts. Many noted their support for a bill that's been referred to as decriminalization—which has since passed both houses, downgrading the penalty for between one and two ounces of marijuana from a misdemeanor to a violation, and expunging the records of past low-level offenses. Advocates, and statistics, suggest it will do little to change the frequent police stops that disproportionately target people of color.

More than one Senator we spoke with said they did not want to be identified as the person responsible for blocking legalization in New York State. The responses we received are included below; for those who didn't answer, we've noted their recent comments on the issue, and will update if and when we hear back.

Toby Ann Stavisky (Queens)

In the days leading up to the vote, Stavisky had said she was still making up her mind on legalization. On Thursday, the longtime Central Queens representative told us that ultimately she was "not fully on board for a lot of reasons."

"The question of driving under the influence troubled me," she said. "I wasn't pleased with allowing the homegrown six plants. I wasn't pleased with how they were going to distribute the revenue."

Additionally, she noted that roughly 80 percent of her district is Asian-American, a group she considers "quite frankly unalterably opposed" to legalization. (John Liu, an Asian-American State Senator in the adjacent Queens district, supported the bill, and chalked up differences in his chamber to a "generational thing.")

According to Stavisky, the decriminalization approach, which Senate Democrats were still negotiating when we spoke, would be "a better bill for people in terms of marijuana."

Senator Roxanne Persaud (Brooklyn)

After expressing concerns about recreational marijuana use earlier this year, Persaud faced pressure from some constituents in South Brooklyn to change her mind. Reached by phone on Thursday, she told Gothamist she was focused on decriminalization, and would "prefer not to say" whether she would have voted for legalization if it had been brought to the Senate floor.

Her resistance, she said, was based on potential health risks related to second-hand marijuana smoke and a lack of education surrounding the drug's consumption.

"If you come out of your house and someone is smoking marijuana and you're walking through that smell, it could make you physically ill," Persaud asserted. "No one is talking about that. Everyone is talking about giving the right to someone else to smoke, but we're not telling the people about possible health effects."

Senator Pete Harckham (Westchester)

While serving as a member of Governor Cuomo's administration, Harckham won a tight race for the Hudson Valley seat last November, and now chairs the Senate Committee on Alcoholism and Substance Abuse. Initially noncommittal on legal weed, he'd become more public with his opposition in recent weeks.

"My constituents had many concerns about legalization," he told Gothamist in a statement on Thursday. "Unless there were significant resources dedicated to suburban police departments to address DUI, school districts for education and to help manage risky behaviors and, the public health arena for prevention and treatment, I could not support legalization."

But he also added that the final Senate bill "went a long way toward addressing these concerns, thanks to the efforts of Senator Krueger, and would be a good place to start the discussions next time."

Senator Shelley Mayer (Westchester)

Mayer, a former Assemblywoman, won a special election for the Senate last year, and now represents a portion of Westchester that has been in Democratic hands since 1985—so fear of a primary likely did not factor into her decision here.

Instead, Mayer said her concerns were based on feedback she'd heard from Parent-Teacher Associations and school boards. Specifically, she said she wanted to see a larger focus on discouraging young people from smoking weed, or getting high by other means.

"You can use a vaping tool to smoke dope, and vaping is extremely prevalent already in our schools, including the use of Juul, and I think we need schools and parents to design educational programs," she said. "I was working on making that happen, but we didn't have a final bill."

Asked whether she would have voted against the bill if it was brought to the Senate floor, she responded, "I wouldn't put it that way," before insisting that she was not the deciding vote on legalization.

Jim Gaughran (Long Island)

Like other freshman suburban lawmakers, the full-court press from parents and cops against legal pot seems to have worked on Gaughran.

"I've been getting calls from the schools and the PTAs and law enforcement with concerns," he told Gothamist/WNYC in early May. "They say they're already having enough problems with the flavored [nicotine] vaping, and this is the last thing they need."

But Gaughran added that he'd wait to see what the amended proposal looked like before reaching his decision. A spokesperson for his office did not respond to inquiries about whether he would have supported newer versions of the bill.

John Brooks (Long Island)

Brooks was a registered Republican until 2017, and while he caucuses with the Democrats, the Long Island representative has at times been at odds with his party (most recently, he voted to keep the religious exemption in place for vaccines).

While he did not respond to Gothamist's inquiries, Brooks told the Buffalo News on Wednesday that he'd heard safety concerns from law enforcement officials and parent groups, which convinced him, "We're not ready for the recreational use at all, and there's really strong and legitimate opposition to it."

Further affirmation of Brooks's anti-drug stance can be found in the screengrab below, which he posted along with a press release last week celebrating a ban on recreational flamethrowers—"a good example of 'Common Sense' lawmaking," he said.


flameout0621.jpg

(NY Senate)
Anna Kaplan (Long Island)

Kaplan earned the seat for Nassau County's 7th District last year, defeating Republican Elaine Phillips after picking up endorsements from Governor Cuomo and Barack Obama. Prior to her election, she'd offered "tepid support" for marijuana legalization, according to Long Island Now, while also saying she came from a "very conservative family" and thus couldn't advocate for the drug.

In an email to LoHud earlier this week, a spokesperson for Kaplan said she wasn't ready to support recreational marijuana at this time: "Ultimately, it's important to look at the total picture and the full impact of legalization, and there are still too many public health and safety concerns at this time."

The spokesperson did not respond to Gothamist's requests to elaborate on those health and safety concerns.

Monica Martinez (Long Island)

Another first-term Long Island Democrat, Martinez hasn't revealed much publicly about how she feels on marijuana legalization, beyond the fact that she would not support Krueger's bill. Her office did not respond to Gothamist's inquiries, and the senator literally ran away from a WNYC reporter outside Senate chambers. A spokesperson for Martinez told Gotham Gazette on Monday that she favors decriminalization and expunging records for people with prior offenses, adding that she would "support the legalization of Marijuana through a statewide referendum."

Todd Kaminsky (Long Island)

Kaminsky, a Long Islander who most recently sponsored the state’s ambitious Climate Change legislation, seemed as though he was gearing up to support legalization at the start of this year. But last we heard, the second-term Senator and former federal prosecutor was still uncertain on the legislation, telling Gothamist/WNYC last month: “I certainly think having proper safeguards on the road are important. Is there a plan to have a breathalyzer for marijuana? How do you make sure kids don't get their hands on it? Those are all important considerations.”

Like several other lawmakers, Kaminsky said the main constituencies he’d heard from were PTAs and law enforcement groups—both of which were vehemently against legalization. His office did not return multiple requests for comment.
 
New York eyes plan to clear criminal records for over 200K pot arrests

New York State officials are scrambling to figure out how to erase more than 200,000 criminal records for marijuana possession as a bill to strike those charges awaits Gov. Andrew Cuomo’s signature.

The state Division of Criminal Justice Services would have to seal 126,136 Class B misdemeanors charges statewide, along with another 76,053 violation convictions that had been previously unsealed by the courts, Newsday reported.

The majority of those with pot convictions who would have their charges sealed also had additional charges that would not be, the report stated. The legislation calls for a public information campaign to alert individuals about how they can order their criminal convictions be destroyed.

Cuomo is expected to sign the decriminalization bill, which passed in late June, and also reduces fines for pot possession of less than two ounces. A bill calling for legalization of marijuana backed by the governor failed.

Plenty of blame to be passed around after New York’s failure to legalize recreational cannabis

ALBANY — A joint combination of reluctant lawmakers, vocal opposition and a lack of time sent New York’s chances of legalizing recreational weed up in smoke this year.

Despite the best efforts of pot proponents, the Legislature failed to rally behind a measure that would have allowed marijuana to be legally grown, sold and used for recreational purposes. Instead, they chose to decriminalize it by lessening penalties and allowing for previous arrests for small amounts of weed to be expunged.

“I think it’s shared blame across the governor and the Legislature," said Melissa Moore of the Drug Policy Alliance. “There were certainly points at which the governor could have been more engaged and involved in trying to get this across the finish line."

Fans of cannabis had high hopes earlier in the year after legalization made Gov. Cuomo’s list of priorities and he outlined a plan in his state budget address.

Things seemed on track for the measure to be included in the state budget by the end of March as lawmakers discussed the details of the bill with the governor, but something went wrong, according to bill sponsor Sen. Liz Krueger (D-Manhattan).

[More Politics] Eric Swalwell becomes first Democrat to drop out of 2020 race »
“We realized that the governor had pulled away," Krueger said. “For whatever reason, he decided he wasn’t ready to really try to get it done in the budget.”

Cuomo offered a different view of events after the session ended last month.

“The Legislature did not want to do it in the budget. I said I thought it was a mistake,” he said. “It’s an easier political vehicle for a legislator to vote on a budget, even if they’re not 100 percent or they’re a little nervous.”

[More Politics] Det. Lou Alvarez and Firefighter Ray Pfeifer added to the 9/11 Victim Compensation Fund bill name »
Krueger and Assembly Majority Leader Crystal Peoples-Stokes (D-Buffalo) penned a revamped bill post-budget that they said addressed concerns raised by Cuomo. But lawmakers in both chambers went back and forth over whether local municipalities would be allowed to opt in or out of the program, whether tax revenue would go into the state’s general fund or be dedicated to support education, drug treatment programs or investment in minority communities, and fretted about policing.

A coalition of cops, parent-teacher groups and medical professionals led by Smart Approaches to Marijuana sowed doubt among suburban lawmakers fearful of pushback from voters in their districts, despite the measure’s popularity.

While Krueger called on Cuomo to step up his support, the governor publicly lamented that the measure wasn’t included in the budget and repeated the mantra that the Democrat-controlled Senate simply didn’t have the votes.

[More Politics] Cuomo signs bill that could let Congress get Trump’s state tax returns »
"I’m not going to say, ‘I told you so,’ " Cuomo said. “But I’m going to say everything but.”

Moore said Legislative leaders also shoulder some of the blame for not talking about legalization within their conferences until the very end of the session. “It was just too late by then,” she said.

Some fear the decriminalization bill that passed in its stead will do little to address the racial disparities in marijuana arrests, according to Moore’s colleague Kassandra Frederique, New York State director for the Drug Policy Alliance.

“The inability of the state legislature and Governor Cuomo to pass comprehensive marijuana legalization means that Black and Latinx individuals remain disproportionately in the crosshairs of harmful marijuana enforcement," she said.
 
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NY's med program is a joke that is more effective at allowing politicians to burnish their MMJ credentials than it is in helping patients.

NY medical marijuana companies, patients look to alternatives after lawmakers fail to change restrictive program
ALBANY - Dr. Lynn Parodneck’s patients deal with a lot of pain, not the least of which is directly due to New York’s overly-restrictive medical marijuana program.

High prices, limited options and a dearth of doctors willing to prescribe cannabis have combined to force those looking to ease their pain to turn to the black market or visit neighboring states like Massachusetts where medical and recreational pot are available.

“My job is to make people comfortable, not send them to Mars,” Parodneck told the Daily News. “It’s not about people getting high, it’s making people with bonafide medical conditions more comfortable. Most people don’t understand that.”

The Westchester-based physician is one of 2,395 doctors licensed to prescribe medical marijuana to 103,365 certified patients in the state, according to the most recent Department of Health statistics.

In addition to a bill that would have legalized recreational pot, legislation sponsored by Sen. Diane Savino (D-S.I.) and Assemblyman Richard Gottfried (D-Manhattan) that would have expanded the state’s medical program also failed to make it to a vote in Albany during the recently finished legislative session.

[More Politics] Eric Swalwell becomes first Democrat to drop out of 2020 race »
The state has issued a total of 10 licenses to medical marijuana companies, but the roller coaster ride of a legislative session has coincided with a period of both expansion and uncertainty in the market as a number of mergers and acquisitions await state approval.

A recently unsealed lawsuit reveals that Cresco Labs, an Illinois-based cannabis company, is suing Fiorello Pharmaceuticals, one of the 10 pot companies licensed in New York, for breach of contract after an “agreement to agree” fell apart. Cresco has since attempted to acquire Valley Agriceuticals and Fiorello is looking to merge with The Green Thumbs Industries. Both actions were initially denied by the state, but have since been resubmitted.

High profile pot firm MedMen acquired Bloomfield Industries, one of the original five licencees in the state, last year after the company struggled to pay vendors. MedMen is in the process of picking up another New York licensed company, PharmaCann. That deal is still being reviewed by the Health Department.

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In most states where adult use has been legalized, licensed medical marijuana companies were given first crack at the recreational market.

“A lot of people were banking on recreational cannabis passing this year, but it just didn’t happen,” one industry insider said. “So many of these companies want to be in before full legalization so they have a jump on the competition.”

The Department of Health has proposed reforms to the current program that could benefit both patients and providers, including affording practitioners more clinical discretion in determining whether or not to certify patients, expanding research, and has recommended an educational campaign on the benefits of medical marijuana and the program, according to a report issued last year.

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But as things stand, some patients are left seeking other avenues to deal with pain.

“The prices are expensive,” Parodneck said of the options available at dispensaries in New York, which include tinctures, vape pens and capsules, but not cannabis in its smokeable plant form. “What happens is people will go once, they’ll get some stuff and they’ll go back to their guy because the cartridge is $90 at a dispensary and you can buy one on the street for $40.”

Others, like Phil, a 42-year-old from Long Island, say it’s just easier and cheaper to go to Massachusetts.

“The medical program in New York is too restrictive in terms of product and in terms of price,” Phil, who suffers from PTSD, told The News. “It’s just way too expensive. It’s more cost efficient for me to travel out of state to purchase recreationally than to purchase what I need in New York State.”
 
NYC Marijuana Dealers See Bowl Half Full After Albany Fails To Legalize Cannabis

New York lawmakers failed to reach a deal to legalize recreational marijuana during the legislative session that ended last month, punting the issue until they reconvene in January of next year. The latest development in the months-long back and forth was received with mixed emotions from one group of New Yorkers who would be affected by any new laws: weed dealers.

“I'm not upset at all and I'm not surprised,” said a dealer based in Queens who asked that we refer to him as “Pablo” in order to protect his identity. Pablo favors more regulation for marijuana. “I hate trash, low-quality bud and it should be regulated like everything should." But he said the fact lawmakers didn’t quite get there this session actually comes as a bit of a relief.

“That gives me more time to be ready for the legalization part of it.”

If and when New York joins the 11 states that have already legalized recreational use of marijuana, Pablo believes everything will change for those who already sell it. So he has a plan.

“Partner up with a company in California," he explained, "and hopefully that company can have ties here to New York where the legal market is opening up and I'll be a part of that."

Several other dealers who spoke to Gothamist/WNYC were not sure they’d be able to survive in a legal marketplace, though they said that wasn’t necessarily a bad thing.

“I am 100 percent for legalization even if that means the side-hustle is going to dissipate,” said 19-year-old Castor, another Queens-based marijuana dealer who asked that we use only his first name. He said he's willing to surrender extra cash for better quality weed for everyone.

“Wouldn't you rather that we all have access to stuff and we all know what's in it?”
Legalization in other states has already transformed New York City's well-established black market, said one Brooklyn-based dealer in his early thirties who has more than a decade of experience in the business. He asked Gothamist/WNYC not to reveal his name for legal reasons.

“Selling weed used to be a dream here because everybody here smokes weed. [And] it was significantly more difficult to get,” he said. But that's changed, he said, as New York City’s market has been flooded with products from states that have legalized marijuana from the west coast and more recently, states like Massachusetts and Maine. The results have been to drive down prices and make it harder for people like him to earn a living selling weed. He expects that if New York legalizes the sale of weed, that would push most smaller dealers out of business.

“Your casual weed dealer goes out the window. Eighty to 90 percent of the people who are doing it, slowly stop," he projected. “If I had grown up with legalization, I don't think I'm selling weed in high schools, I don't think I'm selling weed in college. And if I don't do those things, it's probably not coming across my mind to do it after that.”

Lawmakers have been debating what state and local tax rates should be for the sale of marijuana and how that revenue should be spent. In addition, there are differing ideas about how much of the funds should be set aside for communities that have been most impacted by the criminalization of marijuana sale and use, if minority and women-owned businesses should be prioritized for new licenses, and how to expunge the records for those with prior arrests and convictions connected to marijuana.

What happens to current dealers is also a bit of a question mark. A task force on cannabis legalization created by Mayor Bill de Blasio released an extensive plan last December that recommended “mandated job opportunities for those most impacted by past criminalization.”

Tracking what becomes of black market dealers when marijuana is legalized is complicated, said Harvard economist Jeffry Miron, who's studied the financial impact of cannabis legalization.

“I’m not aware of any kind of systematic data source on that, for obvious reasons,” Miron said. “There were some attempts to look at that for the repeal of alcohol prohibition, which found that some people went out of business and some of the black market dealers went legit.”

But, Miron added, there’s another factor at play. Depending on how much regulation the state government imposes on the sale of marijuana, a black market might continue. In states like Colorado or Washington where licenses are easier to get and dispensaries are more plentiful, the black market has dissipated. But in states where it has been harder to obtain licenses like Massachusetts or California, Miron said a black market may still persist.

“Lots of people live a fairly significant distance from any retail store," he said, "So they're gonna keep buying from their next door neighbor or growing it in their backyard or buying it from the kid behind the high school."

Pablo in Queens is optimistic about the future of marijuana in New York. He says the illegality of what he does has taken its toll on him: He's been robbed, arrested, and spent time on Rikers Island. This April, he sold a vape pen to someone he now believes was an undercover cop, as a few weeks later police broke down his apartment door, confiscated his marijuana and arrested him.

“They used resources, taxpayer dollars, to charge me with a misdemeanor, 4th degree,” he said. Court records and arrest papers confirm his account.

While some dealers may be anxious about legalization, Pablo said, his clients are ready.

“People want to know about marijuana. They want to know what they're getting. I totally dig that and I totally want that,” he said. “I just want to be a part of it. I don't want to be left in the dark when I've been telling people about good marijuana in the dark.”
 
I can tell you why....because like really all politicians in the USA, the NY Governor and its legislature did a half ass job for which they would be fired if they were in the private sector. How about dem' apples, eh?


Why does marijuana decriminalization not include concentrates?


New York, the state with the America’s most populous and one of its most visited cities, did not legalize marijuana this year. For a consolation prize, Gov. Andrew Cuomo and state lawmakers did pass what might look like the next-best thing: decriminalization.

As soon as Cuomo signs the bill into law, possession of up to two ounces of cannabis flower will be a “violation,” punishable by a fine of “no more than $200.” Someone caught with less than an ounce can be punished no more severely than with a $50 fine, but an ounce of flower, only.

For anyone possessing cannabis concentrates — including, strictly legally speaking, the contents of vape pens — the same old bad laws are still in effect. The same is true in other states and cities that have separate statutes for flower and concentrated cannabis, and that have failed to change one while altering the other.

And that’s just bad policy, advocates say.

The change in state law follows Cuomo’s failure to legalize, but it also follows moves made by district attorneys in Manhattan and Brooklyn.

Last summer, prosecutors in those two boroughs announced they would stop prosecuting low-level possession cases, and could police — whose hard work made New York City one of the most punitive places in the United States for marijuana, with more arrests per capita than deep-red states like Oklahoma — please stop bringing them such weak cases?

They did stop. And that, in turn, led to a decent-sized explosion in the cannabis industry, with emboldened delivery services more and more aggressively marketing their product to more and more emboldened cannabis users.

(Reader, I can tell you: It is easier than ever before to obtain and consume cannabis in New York City, a place where not too long ago, police were thrilled to make possession arrests.)

However, the harsh marijuana penalties were still on the books, and “decriminalization” was only as good as the local DA — a promise, and not a guarantee.

The statewide decriminalization bill, sponsored by state Sen. Jamaal T. Bailey, specifically reduced penalties for “unlawful possession” of less than an ounce to $50. And “one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than one ounce” is punishable by a $200 fine.

At first glance, that definition might seem to capture concentrates—at least, it should. But, according to advocates and defense attorneys, it doesn’t.

Concentrates are defined separately from “marihuana,” under New York Penal Law 220, which Bailey’s bill does not change.

“Less than an ounce of cannabis concentrate may lead to a felony charge,” warns attorney Stephanie Selloni, a Long Island-based criminal defense lawyer, on her website. Very simple possession — getting hassled for a vape pen, or being found with a gram or two of shatter — is a misdemeanor, punishable by a year in jail and a $1,000 fine.

Realistically, New York City is not suddenly a forbidden zone for cannabis concentrates. In March, NYPD told a City Council hearing that they wouldn’t bother making “THC oil” arrests, unless the oil in question contained the same compounds found in synthetic concoctions like K2 — sales of which are banned in the state, yet still happen at corner stores and gas stations.

But plenty of New York is not in New York City. And at the same time, there’s still a law on the books criminalizing concentrates, which, in a pharmacological sense, are very similar to flower cannabis, with the same active ingredients: tetrahydrocannabinol (and other cannabinoids), and terpenes.

Treating them differently legally, especially in an era when concentrates continue to grow in popularity, makes zero sense.

“The notion of decriminalizing flower while leaving criminal penalties in place for concentrates is analogous to giving a parking ticket to a car while impounding a truck for the same expired meter,” Justin Strekal, NORML’s political directo, told Cannabis Now in an email. “It is disingenuous to make the distinction and results in perpetuating the failed policies of the War on Drugs.”
 
At a news conference on June 19, Cuomo said, "Communities of color have been disproportionately impacted by-laws governing marijuana for far too long and it has to end."

I'm sorry but evertime I see a quote from Cuomo supporting legalization I just think he's lying his ass off just to appease his electorate. The absolute NOTHING he did, once he defeated Nixon in the last gubernatorial race, to push legalization is apparent to even the dimmest observer....IMO, of course! haha


News10NBC Investigates: Here's what a non-criminal amount of marijuana would look like


ROCHESTER, N.Y. (WHEC) — New York state is trying to figure out what it wants to do with marijuana. Even though 11 states have made recreational marijuana legal, it is still illegal here.

In June, state lawmakers voted to decriminalize it.

But when News10NBC shows you what that change would look like, you may wonder what difference it's going to make.

When it comes to marijuana, legalize means grow it, sell it, tax it and use it without getting in trouble.
News10NBC Investigates: Here's what a non-criminal amount of marijuana would look like


What our lawmakers did was increase the amount a person can have without getting charged with a misdemeanor. News10NBC wanted to find out how big that change is, and tonight we can show you the pile.

News10NBC got help from Mary Kruger with Roc NORML, a marijuana advocacy group, and Alyssa Sprague at Next Level CBD on South Clinton Avenue.

Our test used buds of hemp, which are legal in New York but similar in size and weight to marijuana.

Sprague measured 27 grams in a plastic cup. Right now, possessing anything under that amount is not a crime.

"It would be a violation if you had it in your pocket," Kruger said. "If it was not in public sight."

A violation is a ticket. It's not a misdemeanor, which is a crime. The bill passed by state lawmakers doubles the amount you can have before it becomes a crime.

"This bill would increase that to two ounces?" News10NBC asked Kruger.

"To two ounces," she answered.

"Can you show me what two ounces look like?" News10NBC asked Sprague.

Sprague started measuring and then poured out the two ounces on the countertop. The amount looked like it could fill two sandwich bags.

"That looks like a pretty good size quantity," News10NBC said.

"That's a lot of weed," Kruger replied.

Here's the other thing.

If you choose to have or consume a small amount of marijuana in public and you are caught today, police could charge you with a misdemeanor. If Gov. Andrew Cuomo signs the bill, consuming or displaying a small amount of marijuana in public will become a violation.

But all these changes are still not enough for people like Kruger who want marijuana legalized.

"Actual decriminalization would be it's okay to grow the plant, it's okay to sell the plant, it's okay to consume the plant in spaces that are designated for consumption. None of that is happening with this bill," she said. "Folks are still able to be arrested depending on law enforcement's discretion."

Chief Investigative Reporter Berkeley Brean: "So if the governor signs this bill and police find somebody in possession of marijuana, they'll still get a ticket?"

Gates Police Chief Jim VanBrederode: "Yes, it'll still be considered an arrest, an arrestable offense where we can put you in handcuffs, put you in a police car, we would still do the paperwork. The only thing is on your record it would show a violation versus a misdemeanor."

In Monroe County, at the direction of District Attorney Sandra Doorley, marijuana violations are not prosecuted.

VanBrederode is the head of the chief's association in Monroe County. He and other chiefs have serious concerns about what legalizing marijuana will do to impaired driving and mental health.

Gates Police Chief Jim VanBrederode: "I still think we're on the pathway to legalizing it. But now, as a compromise, they came up with - you can possess more of it before it becomes a crime."

The governor has not signed the bill yet. We contacted his office and spokesman Jason Conwall wrote in an email that "the bill is under review."

The governor's office says Cuomo supports decriminalization and proposed the idea in 2013.

At a news conference on June 19, Cuomo said, "Communities of color have been disproportionately impacted by-laws governing marijuana for far too long and it has to end."
Click here for our full report on how this bill really changes peoples' lives.
 

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