The Oneida Daily Dispatch (Oneida, NY)
LEGALIZED WEED
Local legislators react to new recreational marijuana law signed by Gov. Cuomo
ALBANY, N.Y. » After passing the state Assembly and the state Senate earlier this week, a bill legalizing recreational marijuana has been signed into law by Gov. Andrew Cuomo on Wednesday.
The bill legalizes adult-use cannabis, establishes the Office of Cannabis Management to regulate the substance, and expands New York state’s existing medical marijuana and cannabinoid hemp programs.
The legislation provides licensing for marijuana producers, distributors, retailers, and other actors in the cannabis market, and creates a social and economic equity program to assist individuals disproportionately impacted by cannabis enforcement that want to participate in the industry.
The legislation provides protections for cannabis users in the workplace, housing, family court and in schools, colleges and universities, and sets a target of providing half of marijuana licenses to individuals from underrepresented communities. And police could no longer use the odor of cannabis as pretext for searching someone’s car for contraband.
"This is a historic day in New York - one that rights the wrongs of the past . . ."
— Gov. Andrew Cuomo
New York will start automatically expunging the criminal records of individuals with certain past marijuana-related convictions, and law enforcement in the state won’t be able to arrest or prosecute individuals for possession of marijuana up to 3 ounces. That’s a step beyond a 2019 law that expunged many past convictions for marijuana possession and reduced the penalty for possessing small amounts.
Unlike all other states that have legalized recreational marijuana, New Yorkers over the age of 21 can now smoke cannabis in public, including on sidewalks.
The law immediately allows using cannabis in public spaces, though New Yorkers can’t smoke or vape marijuana in locations prohibited by state law, including workplaces, indoors bars and restaurants, colleges and universities, hospitals and within 100 feet of a school. And stricter local rules on smoking apply: New York City banned smoking in parks and beaches, while Great Neck on Long Island bans has banned smoking on sidewalks in front of commercial buildings.
The new law allows cities, towns and villages to opt out of allowing adultuse cannabis retail dispensaries or on-site consumption licenses by passing a local law by Dec. 31, 2021, or nine months after the effective date of the legislation. They cannot opt out of legalization.
Local governments can pass stricter rules on marijuana use and impose small civil penalties as long as they don’t “completely or essentially prohibit a person” from lawful use of marijuana.
“This is 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,” Cuomo said.
He continued, “This was one of my top priorities in this year’s State of the State agenda and I’m proud these comprehensive reforms address and balance the social equity, safety, and economic impacts of legal adult-use cannabis. I thank both the Leader and the Speaker, and the tireless advocacy of so many for helping make today’s historic day possible.”
New York will set a 9% sales tax on cannabis plus an additional 4% county and local tax and another tax based on the level of THC, the active ingredient in marijuana.
Developing the adult-use cannabis industry in NYS under this legislation has the potential to create significant economic opportunities for New Yorkers and the state.
Tax collections from the adult-use cannabis program are projected to reach $350 million annually, according to state officials. Additionally, there is the potential for this new industry to create 30,000 to 60,000 new jobs across the State.
State Sen. Rachel May (D-onondaga, Madison, Oneida), who voted in support of the bill, commented:
“The time for New York state to legalize marijuana is now. For too long, marijuana prohibition has resulted in over-criminalization and enforcement in Black and brown communities, leading to needless and harmful involvement with the criminal justice system.
“Our state neighbors have regulated marijuana successfully for years, and we have been able to learn from best, and worst, practices they have implemented. We can improve public safety by creating a well-regulated market, rather than the current informal market. I am proud to vote for what I believe to be best in the nation marijuana legislation, and for the revenues to be invested in public health, education, and most importantly in the communities that have been harmed for far too long.”
Assemblywoman Marianne Buttenschon (D-utica/ Rome) stated, “While I support the use of medical marijuana under the care and guidance of a medical professional, I voted against legislation to legalize adultuse marijuana for New Yorkers ages 21 and older. Creating a new legal marketplace for a federally illicit substance is a complicated process, and we shouldn’t jump into this headlong before addressing health, safety, and revenue concerns.”
The assemblywoman also cited a lack of marijuana detection technology and substance experts that she says are necessary to ensure people are using cannabis products within the legal parameters. Law enforcement are already strained with police reform initiatives, she said, and legalizing a new substance will put a burden on the system as it is.
“Our communities also have existing drug rehabilitation and treatment needs that could be exacerbated with a new legal substance on the market,” she added.
Additionally, Buttenschon voiced concerns with the environmental impacts of the cannabis industry, noting in particular pesticide, energy, and water usage.
“Without sustainable energy goals in place, rules on issues like industrial wastewater, water resources, and land management for cannabis growers sets the Mohawk Valley up for a potential grid impact. Passing marijuana legalization before ensuring that strong, commonsense safety measures are in place, only puts our communities at risk and sets us up for failure.
“In addition, the proposed tax structure would shortchange counties on critical revenue and make it harder for local governments to address the consequences of legalization. I’ll always put the health and safety of our families first, which is why I can’t support this current bill,” she said.
State Sen. Joseph Griffo (R-I-C-ROME) said he also does not support the bill as it currently stands, though he is supportive of medical marijuana.
“At a time when we are focused on fighting COVID-19, the legislative majorities and the Governor have advanced a bill that is overly restrictive, complicated, and confusing,” he said. “Regrettably, many groups that had expressed an interest in this significant new law were not included or involved in final negotiations of this bill as was anticipated and indicated.
“This legislation establishes a politically-appointed, quasi-governmental control board – the majority of members selected by the Governor – that will have far-reaching abilities and responsibilities related to regulations going forward. I remain leery of these types of entities because similar ones such as the New York State Gaming Commission continue to be plagued with problems related to how they perform.”
Public health is not at the center of this legislation, he said. “As a result, many public health, public safety, addiction services, agribusiness, and workforce advocates have expressed consternation.”
Griffo said he is also concerned about black market marijuana sales due to hefty taxes on legitimate purchases and state regulations. Griffo also shares some of the same concerns as Buttenschon relating to detection technology and adequate support for law enforcement.
He added that New York legalizing marijuana to create a new, reliable revenue stream, as neighboring states have already done, is a questionable move based upon instances such as casino gaming, where Griffo says revenue estimates have been suspect and fallen short of what was originally projected.
“There have been many cases where Albany has over-promised and underdelivered. It is my fear that, in this case, state government’s involvement and authority will once again result in broken promises and potentially lead to additional problems.
“However, in the end, legalization is going to happen. We will have to learn to live with the good and the bad that comes with it,” he said.
Assemblyman Brian Miller (R,I,C-NEW Hartford) commented on the bill, stating, “I voted against legalizing the recreational use of marijuana for the simple reason that I don’t believe the state is prepared. There is currently no test, such as a breathalyzer which is used for alcohol, to determine if someone is acting under the influence.
“I believe that before we pass something as huge as legalizing marijuana, we need to have a better plan in place, especially to help law enforcement officials keep our communities safe. So, until that is figured out and our law enforcement feels comfortable with it, my vote is no.”
Assemblyman John Salka (R, C, I, Ref-brookfield), who voted against the bill, stated, “As a respiratory therapist, I could not in good conscience vote for a bill to legalize adult-use marijuana. I have seen firsthand the lingering effects that marijuana smoke can have on the respiratory system. Smoke from marijuana has many of the same harmful carcinogens and chemicals as tobacco smoke.”
Assemblyman Robert Smullen (R,C,I,SAM-MECO), whose district covers parts of Oneida County, also did not respond for comment. Assembly records show that he voted no on the bill.
“While I support the use of medical marijuana under the care and guidance of a medical professional, I voted against legislation to legalize adult-use marijuana for New Yorkers ages 21 and older. Creating a new legal marketplace for a federally illicit substance is a complicated process, and we shouldn’t jump into this headlong before addressing health, safety, and revenue concerns.”
— Assemblywoman Marianne Buttenschon (D-utica/rome)