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Law New York

Oh, and like nobody could see THIS coming? Bwahahah

No Soup For you Cuomo.jpg



The Massachusetts Cannabis Market Is Booming—Thanks to New York

GREAT BARRINGTON, MA — On a recent Wednesday afternoon, the wait to get inside Theory Wellness was breezy: just 30 minutes. On weekends, it can take up to two hours to get into the town’s first and only adult-use cannabis shop.
Long lines are still common in Massachusetts, where only 22 stores have opened statewide since legal sales began in November 2018. And with its wide-ranging menu and welcoming ambiance, Theory Wellness is understandably a customer favorite. Yet there’s an additional factor working in the shop’s favor: Theory Wellness sits only a few miles from the border with New York—where cannabis remains illegal.


When Massachusetts cannabis shops first opened their doors, both New York and New Jersey seemed on the cusp of legalization. Polls showed a strong majority of voters in support, and newly elected governors in both states pledged to get it done. But as those plans fell through, Massachusetts transformed. Rather than a novel trip for out-of-towners to visit a legal pot shop, it became a go-to source for residents of nearby states to pick up their stash.
Earlier this month, Theory Wellness announced that there were actually more people coming to their shop from New York—about a 15 minute drive away—than from Massachusetts. It’s a trend other Western Massachusetts cannabis retailers have noticed, too.
“I’m not surprised to see New Yorkers here, but I am surprised to see people from New Jersey and Pennsylvania, even Buffalo,” said Meg Sanders, co-founder of Canna Provisions, which opened earlier this month in the nearby town of Lee. “That’s such a commitment!”

Boomtimes for Business
The steady flow of customers from New York and other nearby states has been a boon for shops like Theory Wellness and Canna Provisions, which have scaled up at a rapid clip to meet the high demand. Theory, for its part, has raked in more than $11 million in sales since opening in January.
“We’re all still learning,” said Thomas Winstanley, director of marketing at Theory Wellness. “We’ve tried to be as nimble as possible.”

That’s meant things like doubling the number of staff at the store since opening, he said, and announcing plans to expand its indoor grow operation to include a nearby two-acre outdoor garden. The company has already hired Ted Dobson, a veteran organic farmer, to lead the charge. “Outdoor cultivation hasn’t been explored very much in the legal market on the East Coast,” Winstanley said. “It takes some weight off of our environmental footprint from indoor cultivation.”
To make the wait times more manageable for those who’ve made the trek, the store has also extended its hours and now posts regular updates of current wait times on its Twitter account.
In nearby Lee, Canna Provisions taking a different approach to cut down wait times. Rather than put all its budtenders behind a common counter, the shop places them at standalone stations. After ordering, the customer goes to a separate counter where orders are processed and packaged.
“There’s a notion that in Massachusetts, you have to stand in line to buy weed,” said co-founder Sanders, the former CEO of Colorado cannabis retail chain MiNDFUL. “There’s a way to do it better.”

She added: “The longest wait today was 10 minutes, seven people waiting at a time.”
While Theory staff seem almost tired of fielding questions about their border-adjacent spot (which makes sense; they’ve been getting press for months), Sanders at Canna Provisions was quick to tout the store’s strategic location.
“We’re in Lee because 2.6 million people visit the Berkshires every year,” she said. “It’s not by accident that we’re in this location.”
Other businesses, too, have caught on to the marketing opportunity. Cannabis advertiser Weedmaps has put up billboards in Connecticut reminding drivers that “weed is legal in 60 miles.”

An Odd Interim
The out-of-state shoppers may also be skewing sales of certain products, store operators said. Sanders at Canna Provisions noted that the store’s edibles and gummies have been huge hits, perhaps because out-of-state customers are less worried about transporting them across state lines. That’s technically still illegal, but customers weren’t shy about identifying themselves as out-of-towners.
During my visit to Theory Wellness, one middle-aged woman finally made it through the lines to the store’s front desk and was asked for her identification. “I wouldn’t come all the way to Massachusetts,” she cried, “without my ID!”


The crush of customers won’t last forever. Great Barrington, where Theory is located, has already licensed an additional three dispensaries. And legalization advocates still expect other East Coast states, such as New York, New Jersey, and others, to take up legalization bills again soon.
And despite the likely lulls in business that might occur as neighboring states go legal, some in Massachusetts say that’s exactly the outcome they’re hoping for.
“We got a lot of calls after New York didn’t pass, assuming we’d be happy,” said Winstanley at Theory Wellness. “It’s actually the complete opposite. Obviously the cash influx is great, but cannabis is something that all people should have access to.”
 
How Much Did the differences between Upstate New York and NYC affect legalization efforts?

The political divide between New York City and upstate New York is definitely real – even if there is a debate about what really is considered “upstate”. That said, was that why adult-use cannabis legislation failed to pass this past session?
The friction between the more liberal and conservative sides of the state can be found in numerous examples and attempts at legislation. However, while cannabis views do certainly differ, the opposition to cannabis extended into New York City’s region while crossing across the aisle as well.
The Divide Between City and Upstate
When it comes to politics and ways of life, the two often rival. “Upstate and downstate are basically different countries in terms of culture and politics,” said entrepreneur and activist Evan Nison. Often, it is assumed that the area in and around New York City is liberal while the rest of the state is conservative. However, it should be noted that some liberal cities and areas do exist north of the city – and vice-versa.
Nison said that despite there being more registered Democrats than Republicans in all of New York State – at around two voters to one – large parts of the state north of New York City are heavily conservative.
“This is both why the Republicans have succeeded for so long in gerrymandering control of the Senate, and also why it can be difficult for Democrats to win in some Upstate districts,” Nison added.
The fighting between the two parties could shift soon enough. In 2014, New York voters approved a bipartisan commision to redistrict congressional and legislative regions. The commission is set to take effect in 2020.
Re-shaping the districts wasn’t far enough for one lawmaker. This past winter, Republican state Sen. Daphne Jordan suggested looking into splitting the state. The first year lawmaker representing Columbia county and parts of Saratoga, Rensselaer and Washington counties said, “There’s all kinds of things being passed (in Albany) that aren’t necessarily of Upstate interest.”
Jordan is the latest to propose such an idea that didn’t gain much traction. Richard Azzopardi, a spokesperson for Governor Andrew Cuomo, a centrist-leaning Democrat, called the effort “the Godzilla of pandering.”
What About Cannabis?
The contrasting views between conservatives and liberals runs deep, just like in most states. While cannabis is part of the discussion, it is far from what divides the parties.



While marijuana was a significant discussion this past session, it was not the only topic at hand. Other significant recent debates in the state legislature have centered on a variety of issues, including transportation and the statute of limitations on laws and gun control, to name a few. Since Democrats have taken over in the past election cycle, they have targeted New York City’s infrastructure, reproductive health care rights and criminal justice reform, among others.
A key issue is tax revenue. In 2018, state Budget Director Robert Mujica said 70% of New York’s income came from New York City and three additional counties surrounding it: Westchester, Nassau and Suffolk. PolitiFact found the statement to be true, though the actual number was between 66 percent and 82 percent. This is one likely reason many conservatives would not support measures to split up the state.
When it comes to cannabis, Cuomo himself represents a bit of a pan-New York perspective. Despite being raised in Queens, Cuomo long-held a more conservative approach to pot. Until he was primaried by progressive Cynthia Nixon in 2018, Cuomo had been on the record calling cannabis a gateway drug of sorts.
Cuomo, under pressure from Nixon’s long-shot primary and growing voter support for cannabis, has since relented and supports legalization, or at least criminal justice reform.
Upstate New York is not unified in opposition to marijuana, either. Nick, a 30-something Brooklyn resident grew up in Upstate New York near the Montreal border in Saratoga. He explained that his liberal hometown represented a pocket of support for cannabis. “But outside of it is really red. So, a lot of anti[-cannabis],” he said.
The sentiment in his area may be misplaced, according to Nick. “I really think it’s because heroin is more of an issue so they blame weed as a gateway…[Heroin is] always all over the local news up there. I knew a few guys who OD’ed.”
While Upstate had its fair share of conservative dissention to the measure, New York City area Democrats are also credited with killing the bill. They include nine lawmakers from Queens, Brooklyn, Westchester and Long Island. Those that gave responses for their opposition boiled down to pressure from schools and police while citing a lack of readiness for legalization.
Meanwhile, a May 2019 survey from Democrat & Chronicle found that six counties would not allow cannabis sales. Columbia, Chemung, Nassau, Putnam, Suffolk and Rockland each said they would not, while New York City’s five counties pledged to participate.
What Really Killed the Bill?
Upstate versus city fighting certainly does not help get bills passed regarding cannabis or anything else. And while it may have played a part in the bill failing, other factors seem to be the true death nail for this year’s measure.
The official stance is that the bill “ran out of time”. Though true, the bill ran out of time due to a number of issues – mostly within the ruling party.
Democrat opposition as well as lawmakers’ failure to include adequate social justice parameters were huge factors. Such failures prompted certain black lawmakers to withhold support. Coupled with Democrats in more conservative swing state districts fearing re-election, and it becomes much clearer how a seemingly can’t-miss bill does exactly that.
Instead of adult-use legalization, New York has since passed a decriminalization bill to address criminal justice measures for the time being.
That said, Nison believes public support should compel lawmakers across the aisle to support the measure.
“This is one of the few political issues being discussed right now that is supported in a bi-partisan way among the vast majority of Americans and New Yorkers. Politicians should know that their constituents want them to get this done whether your district is Upstate or downstate, Republican or Democrat.”
 
"That’s the second major restriction the governor has recently floated. Last week, he hinted that his administration might consider pushing for a ban on smoking marijuana when the state legalizes—a policy he backed for New York’s medical cannabis program in legislation enacted in 2014."​

Go on and try it, Cuomo...I believe your voters will shove it up your patootie sideways, if you do. What a tool.


New York, Connecticut And New Jersey Governors Will Meet To Discuss Marijuana Legalization


New York Gov. Andrew Cuomo (D) announced on Tuesday that he plans to meet with the governors of Connecticut and New Jersey to discuss ways to create consistency within each state’s respective marijuana programs as they move forward with plans to legalize.

“I want to talk to Connecticut, and then I want to talk to Jersey, about having a regional symmetry on vaping products and marijuana,” he said during an interview on Long Island News Radio. “For one state to do it, it makes no sense if the neighboring state has a totally different policy, because you then just incentivize people to drive over the border and buy it there.”

He also expressed concerns that if people were to travel across state borders to purchase cannabis, they might consume while driving, too.

“We are serious in this state about legalizing recreational use of marijuana, but it has to be done right and protected and I want to start with Connecticut and see if there’s not an openness to come up with common parameters on a policy. Otherwise, it’s counterproductive, as I said before, people drive across the border, they buy a better product, or they buy a cheaper product, or they buy marijuana with more THC, or they buy marijuana that comes in a different form, and now you have people driving and possibly smoking marijuana at the same time.”

The interview also touched on vaping and the need to implement regulations to prevent youth consumption. Cuomo drew a parallel to rules for marijuana, suggesting that cannabis gummy bears could be banned like flavored cigarettes to avoid appealing to young people.

That’s the second major restriction the governor has recently floated. Last week, he hinted that his administration might consider pushing for a ban on smoking marijuana when the state legalizes—a policy he backed for New York’s medical cannabis program in legislation enacted in 2014.

As Cuomo said, however, if neighboring states implement legal marijuana programs that don’t include such bans, that raises the possibility that New Yorkers will travel outside the state to get products, so it will likely be a point of conversation when he meets with Connecticut Gov. Ned Lamont (D) on Wednesday and then New Jersey Gov. Phil Murphy (D) later.

Lamont and Cuomo met for a fishing trip last month, during which they discussed cannabis legalization plans, making Cuomo’s closing nautical metaphor in the new radio interview especially apt.

“If we don’t do it and we don’t make progress, no one else is going to help us because we’re on our own, which is a little frightening but it’s a little liberating,” Cuomo said. “We’re in a boat, we’re in the middle of the ocean, the engine doesn’t work and we’re on our own so we need to start swimming.”

While plans to get cannabis legalized in New York stalled earlier this year when negotiations didn’t produce a passable bill, Cuomo has emphasized that legalization will remain an administrative priority.

He signed legislation in July expanding the state’s decriminalization law and creating a pathway for expungements for individuals with prior cannabis convictions.
 
"That’s the second major restriction the governor has recently floated. Last week, he hinted that his administration might consider pushing for a ban on smoking marijuana when the state legalizes—a policy he backed for New York’s medical cannabis program in legislation enacted in 2014."
Go on and try it, Cuomo...I believe your voters will shove it up your patootie sideways, if you do. What a tool.
If I understand what Cuomo's is suggesting. He is either going to force MJ users to use vaporizers or it is a publicly illegal to smoke a J outdoors. Either position will not sit well. His interpretation of what vaporizers seems muddled. And the recent controversy over e-cigs muddy the waters even further. Is he aware that some vaporizers merely extract the essence of the plant with no added bi-products? Is he really thinking you can make MJ legal but have a smoking ban as well? So it's back to sneaking around like teenagers with legally bought buds? I agree @Baron23 that he is a tool, But very confused right now as to what type of tool he is. :hmm:
Why can't cities and towns simply enact their own 'eyesore' crimes, If the concern is kids seeing an adult say spark one in a public park.
A radio interview with the Guv's take on the issue. The good/bad news is that he is taking into consideration people going across the state borders to get a better price/product. I hope he doesn't get Conn and NJ to reconsider some good bills and water down their legislation as well. and have it legal in name only. :whipit:
Governor Cuomo Announces Trip to Connecticut for Regional Strategy on E-Cigarettes and Marijuana
 
If I understand what Cuomo's is suggesting. He is either going to force MJ users to use vaporizers or it is a publicly illegal to smoke a J outdoors.

I think its very clearly the former and he should look to FL for an example of how state government got spanked for nanny state, abject, stupidity.

Is he aware that some vaporizers merely extract the essence of the plant with no added bi-products?
I'm sorry if he is your fav Governor (not saying he is or isn't) but frankly my observations from a distance indicate that the only thing Cuomo is aware of are his reelection chances (can he run again???) or politics of running for future higher office.

Is he really thinking you can make MJ legal but have a smoking ban as well?
I think the more relevant question is "is he thinking...at all".

And yes, I have a VERY jaundiced eye for any and all politicians in our current era.
 
This guy is such a clown....he makes me laugh all of the time. sigh

What? He doesn't think we don't remember the last gubernatorial election...when the ONLY reason he flipped to support MJ legalization is because he was pushed by a Dem primary candidate of the left, Nixon.

WTF does he think he's kidding. He must think all of us are as dumb as him and his brother.

Cuomo: 'We are serious about legalizing recreational marijuana in this state.'


Governor Cuomo will travel to Connecticut this week to meet with state leaders and discuss a "regional strategy" on marijuana and e-cigarettes.
In an interview Tuesday, the governor said that it doesn't make sense for nearby states like New York, New Jersey and Connecticut to have different policies on marijuana, because people would just drive to neighboring states to buy it. He also said discussing marijuana leads to a conversation about vaping, because so many marijuana products can be vaped.

The governor discussed e-cigarette smoking saying, "It's an epidemic, it's a public health crisis, and it's a scandal, all wrapped into one." He went on to say that many of the kids who are using e-cigarettes don't know what they're smoking, and that companies are clearly marketing to young people with the flavors they're creating.
Cuomo is set to meet with the Governor of Connecticut and some team members on Wednesday.
 
I’ve not posted here in a long time, but this is overdue! #FUCKCUOMO His anti-flower campaign is misguided and ignorant, he’s an abysmal dinosaur.
 
What’s next for effort to legalize marijuana in N.Y.? State sen. optimistic for 2020
Legalizing adult-use of marijuana in 2020 is a possibility, assuming state legislators and New York Gov. Andrew Cuomo can come to an agreement on a laundry list of concerns. Speaking last week to a crowd of more than 200 people -- most vying for a share of revenue in the cannabis industry -- state Sen. Liz Krueger (D-Manhattan) laid out the issues presented by legislators on the fence about legalizing adult-use, and the ongoing negotiations with colleagues, law enforcement officials and constituents on how to proceed.

Sen. Liz Krueger optimistic about pot legalization in 2020
“I think that 2020 could be the year we get it done,” said Krueger to a crowd of professionals eager to join the cannabis industry at last night’s CannaGather, a monthly networking event for cannabis industry professionals, at The New School’s Auditorium.
 
The body of the conference explains what happened in 2019 that caused a failure of passage in the state budget and later decriminalization.
There is a Q&A towards the end where Sen Liz Kruger explains what you can do/don't to organize for legalization in NYS.
CannaGather New York Presents NYS Cannabis Report & Prospects for 2020
Featuring State Senator Liz Krueger, Lead Sponsor of New York State's cannabis legalization bill We had over 250 attendees at our event on October 22, 2019.
 
Massive marijuana shipment confiscated by NYPD is legal hemp: business owner

NYPD officers from the 75th Precinct with 106 pounds of confiscated marijuana.

NYPD officers from the 75th Precinct with 106 pounds of confiscated marijuana.

What were they smoking?

The NYPD crowed that it confiscated a 106-pound marijuana shipment, but the owner of the company the flora was bound for says the greenery was no more than hemp containing legal CBD for use by cancer sufferers — and he’s got the papers to prove it.

Oren Levy, who sells hemp wholesale through his company GreenAngels CBD, claims that a “gung-ho” Fedex driver took it upon himself to report the shipment to the 75th Precinct when it arrived in Brooklyn — despite the fact that the cargo had all the necessary documentation to prove it was legal.

Cops determined it was straight-up, illegal marijuana, but Levy claims cops used an outdated testing method.

“Industry hemp looks like real weed…It’s the same species of plant, it’s just the chemical compound is different,” Levy explained adding his product was below legal federal limits for THC.

The Post reviewed paperwork prepared by a third-party and shipped along with the hemp certifying that THC levels were well below the federal legal limit of .3 percent THC by volume.

His hemp shipment was certified to contain .14 percent THC, according to documents he provided The Post.

On Saturday, cops called GreenAngels CBD telling them to come pick up their greenery — but when Levy’s brother Ronen arrived at the station house, cops instead slapped cuffs on him.

A day later, the 75th Precinct tweeted a photo of dozens of large bags of what looks like marijuana with the caption, “Great job by Day Tour Sector E yesterday. Working with FedEx and other local law enforcement, they were able to confiscate 106 Lbs. of marijuana, and arrest the individual associated with the intended delivery.”

GreenAngels CBD fired back on Instagram that “This was our shipment. My brother was falsely arrested. Those bags were all hemp. All documents were in each box. The farm also called them to give them all there paperwork proving it’s all hemp ! Please spread the word! We need to let people know we are not criminals!”

“I want it back. It’s 100 percent legal” Levy told The Post adding that he is out up to $30,000 since the cops took the delivery. “I have helped thousands of people — people with cancer, people with autism, pain, arthritis, people with severe skin issues, people who haven’t slept for weeks. We are a legitimate business.”

A Brooklyn criminal judge released Ronen without bail on Sunday, according to court records.

Andrew Subin, a lawyer with the Vermont farm that sold Levy the plants, said a detective from the precinct asked him what the legal THC limit was.

“He was claiming that he didn’t know the legal limit. He said that he needed to do his own test,” Subin said. “We have a test by a certified lab, so I don’t understand why they need to do their own test. This is having a real impact on our client and the buyer.”

Subin’s law partner, Timothy Fair, said the cops have no ground to hold the plants, which can lose their potency over time.

“I think it’s entirely inappropriate for them [the 75th Precinct] to put that on Facebook when no crime was committed. For them to gloat over the seizure of hemp is not appropriate,” Subin said of the East New York cop shop’s tweet. “There is no grounds for holding this product. It is a time sensitive matter. The hemp won’t be viable indefinitely.”

The hemp is legal under federal law, according to David Holland, a lawyer who advocates to legalize marijuana.

“The bottom line is as long as all the load has less than .3 percent [THC] it’s legal under the federal farm bill and therefore legal in New York State,” he said.

“It’s not surprising that their [the NYPD’s] antiquated testing would still show positive for THC. But the presence of THC is no longer the line of demarcation as to whether a crime is committed or not because it will come up positive. It’s whether it’s over .3 percent of THC by volume.”

CBD, or cannabidiol, is a chemical found in the cannabis plant that is not psychoactive unlike THC. It is often used as an alternative medicine to help people with pain and anxiety.

“The laws governing hemp have gone through changes over the years but now hemp is legal in New York,” added Manhattan lawyer Carla Sanderson. “The NYPD may have been mistaken in making this arrest without probable cause that a crime was committed.”

Cops said the investigation is active and ongoing.
 
politico.com/news/2019/11/10/marijuana-northeast-governors-legal-068229
Massive marijuana shipment confiscated by NYPD is legal hemp: business owner
NYPD officers from the 75th Precinct with 106 pounds of confiscated marijuana.
:facepalm2: Tragic what is happening to this farm and the story being it's very first Facebook post. I really wanted to find any storefront of theirs and give them my business. Hope they lawyer up and get a lawsuit going. If you want to read more about their side of the story, here is what source I could find about them. -> Fox Holler Farms Facebook page.

Post MJ and Vaping State summit article.
Marijuana legalization gets lost in the weeds
A broad agreement to legalize pot by five Northeastern governors is unlikely to make it much easier to reconcile specific policy details.
 
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Activist meeting in NYC with links to information about their agenda. One more push until Jan 2020's legislative session. :goofs:
Rally for Marijuana Justice - New York




What:
Rally for Marijuana Justice

When: November 21

Where: City Hall, New York, NY

How much: no cost

Website
Registration
Marijuana Justice Pledge

Message form to send to Guv Cuomo. from the drugpolicy.org
You might want to find out what they are about and make up your own mind. Good/Bad-> Shape the future of marijuana legalization in New York

He claims that he wants something done with his surveys and conferences. But once again more hem and hawing could delay another year of inaction. Time to hold his feet to the fire. :torching:
 
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This is all happening within less then a month before the legislature has it's cannabis laws to be re-introduced this January. I have at least 3 hemp farms in my area and many small CBD buisness's alone. I would like to think this might be some sort of precursor for Cannabis law that could possibly happen. Or maybe I'm just dreaming about that. :zzz:
New law regulates CBD in New York, leaves status in food uncertain

Governor Cuomo Signs Legislation Establishing Regulatory Framework for Producing and Selling Hemp in New York State

The Bill that the Guv signed into law yesterday.
Senate Bill S6184
Older news item but LSS there is legal medical bud in ground form available at this chain of dispensaries, Curaleaf. 4 of them in NYS. Perhaps one small step closer to being available statewide. Or am I dreaming again? :zzz:
NY’s 1st Flower-Based Medical Marijuana Product Sold in Newburgh
 
We have a shop in town that sells hemp flower and cbd concentrate and even offers a free cbd dab. I thought for sure the cops would harass them, but so far so good. Go Ithaca, ny!
Yes indeedy, :nod:They have a strain of CBD bud called 'Lemon Sauce' that is my fav from all the local strains I've tried.

Norman Birenbaum from Rhode Island is whom these articles are mentioning. More on his reputation in another post. :hmm:

New York appoints "Cannabis Czar"
Cuomo hires Rhode Island official as marijuana czar
New York: Cuomo Appoints Cannabis Director
 

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