Advocates for marijuana reform see a number of positive signals in the pressure to legalize marijuana in New York – with the governor saying an agreement is ‘very close’ and a new Senate resolution saying a legalization bill ‘outside the budget process. ”
While Gov. Andrew Cuomo (D) has included his own legalization plan in his budget request, the final version is expected to look more like a proposal sponsored by two key lawmakers, and will be handled outside of the annual spending legislation. And if either party needs further motivation to act, a new poll released Monday reaffirms that a majority of New Yorkers support the policy change.
The news on how the legislation will be handled in the future is welcomed by advocates who believe that legislators’ Regulation and Taxation of Marijuana (MRTA) addresses more comprehensive issues of social equality compared to the governor’s proposal. However, the legislature is still working on resolving a number of provisions before the language is released.
Cuomo said on Monday that “passing on marijuana reform and legalizing marijuana for recreation” is a priority and that he is talking to the leader of the Assembly, Crystal Peoples-Stokes (D), sponsor of the MRTA, this weekend has to ‘work through’ the legislation. He said their marijuana is very close.
“We’ve been trying to do it for the last three years, we have to do it this year,” he said. “There were too many young lives destroyed because of the marijuana laws.”
“It’s no longer about getting into the red zone,” he added with a football metaphor. “We have to get over the finish line this time. We need the seven points. ”
The governor has previously insisted on implementing the reform through the budget process, but it no longer seems to be part of the plan. A new Senate resolution responding to its executive budget announced over the weekend says the House’s revised spending legislation is omitting the Cannabis Regulation and Tax Act, which, if passed, will generate revenue of all funds would have increased by $ 20 million in SFY 2021-22, but supports the MRTA (S.854), which will be passed outside the budget process. “
While omitting Cuomo’s legislative measure, the Senate agrees with its proposal to provide $ 37.4 million in additional funding for the State Department of Alcoholic Beverages Control in order to ‘set up an adult cannabis regulation office for adults’. support, a further signal that legislative action is imminent.
The latest budget resolution of the Assembly does not affect marijuana policy.
Before the legislation is finalized, lawmakers and the administration apparently work through a number of bottlenecks, including how many plants people can grow for personal use and what kind of evidence can be used in cases of impaired governance.
According to Zack Fink of NY1, the votes on the reform bill in both chambers will only come after the provisions are finalized next week.
2/2) The template they use is the @LizKrueger and @CPeoplesStokes bill, not Cuomo’s. Key fixes include:
-The number of plants that can be grown according to the homestead model
-What kind of evidence can be used in court for those caught driving while disabled
– Zack Fink (@ZackFinkNews) 15 March 2021
Contrary to the plan proposed by legislators, the governor’s budget did not allow people to grow their own marijuana legally.
Public defender and activist Eli Northrup said he had heard from sources that Cuomo was insisting that the legislation be done so that the police could continue to justify stops and searches based on the smell of cannabis alone, regardless of its legalization. Advocates are strongly against the policy.
Only where there is evidence that someone is driving under the influence of marijuana will odor be relevant. And even then, just the smell of burnt marijuana. Searches need to be carefully tailored to discover evidence of the offense. Not a license to search an entire car.
– Eli Northrup (@EliNorthrup) 15 March 2021
Details of the final legislation may be pending, but polls show New Yorkers are ready for cannabis reform. A poll by Siena College released Monday found that 59 percent of residents support adult legalization, compared with 33 percent who oppose it.
“Today’s Siena poll confirms that New Yorkers across the council are overwhelmingly in favor of legalizing marijuana,” Melissa Moore, state director of the Drug Policy Alliance in New York, told Marijuana Moment. “Given this broad mandate, it is imperative that the best marijuana reform bill becomes law.”
“We earnestly call on the Regulation and Taxation of Marijuana (S.854 / A.1248) to ensure justice, employment and equity for the millions of New Yorkers who have suffered the most through marijuana criminalization and restitution for the communities most affected. through the war on drugs, ”she said. “The time to act is now.”
According to Cuomo and the sponsors of the MRTA, Peoples-Stokes and the chairman of the Senate Financing, Liz Krueger (D), there is recognition for the need to act, and the process continues.
“We were working on a marijuana account. “I have had a number of discussions with members,” the governor said last week. “We have made good progress.”
Krueger also said lawmakers are “working hard on a three-tiered bill that the legislature can pass before we get to the budget.” She added: ‘I feel like we’re 95 percent there. We took some big steps to get it right. ”
Peoples-Stokes said last week that talks “are really good and very fruitful and I am really encouraged.” In fact: “I’ve never felt encouraged before.” This is despite the fact that she said a few days earlier that talks with the governor’s office about the legislative legislation had heated up to the point of screaming.
A spokesman for the state budget said that the “government is working with all parties to pass a comprehensive regulatory structure for adult cannabis, which promotes social equity, social justice, economic development and the public health and safety of all New Yorkers first. “
There are speculations that the growing number of allegations of sexual harassment against the governor – in addition to controversy over the state’s handling of COVID-19 nursing home data – would have less political influence for him to negotiate those of the legislators on his behalf. Peoples-Stokes had earlier said it wanted the legislature to first take up the MRTA and then consult the governor’s office on its plan.
Cuomo last month proposed amendments to his legislation that he hopes will address certain concerns of lawmakers and advocates. The changes mainly address issues such as funding of social equity and criminal fines for possession of underage marijuana.
Unlike the MRTA, the revised plan will continue to criminalize people who grow their own marijuana, and it will not provide additional funding for social equity.
Another factor working against Cuomo is that the Democrats now have majority control over the legislature, which could enable them to dominate a potential veto if they were to pass the MRTA against the wishes of the governor.
New York lawmakers last month held the first public hearing of the year on proposals to legalize cannabis, with a specific focus on budgetary implications.
During the joint session, legislators heard testimony from two representatives of the pro-legalization industry and one opponent. Despite their ideological differences regarding legalization in general, all three panel members were critical of Cuomo’s reform proposal. The two advocates for reform have said they prefer to promote the MRTA over its legislation.
Last month, Lieutenant-Governor Kathy Hochul (D) – who would become governor if Cuomo resigned or was arrested – told Marijuana Moment in an interview that there would be room for review of the current governor’s plan, and states that ‘much of it is going to be negotiated with the legislature, and all these details can also be resolved with their input. ”
Cuomo said the amendments to his bill “reflect the talks we had, but I’m hopeful that we can reach an agreement and that it can be done. He added that he believes, “because I’ve seen this movie before,” if we do not finish it on April 1, we will not do it. “
This is the third consecutive year that Cuomo has included a legislative proposal in its budget plan. The last two times, negotiations with the legislature have stalled amid disagreements over certain components, such as the tax structure for the market and funding for social equity programs.
No matter what direction the legislature ultimately goes on this issue, there is increasing recognition in the state that legalization is inevitable.
The top Republican in the New York Assembly said in December he expects the legislature to legalize cannabis the next session.
Senate Leader Andrea Stewart-Cousins (D) said in November that she also expects the reform to continue in 2021, although she noted that lawmakers have yet to decide how tax revenue from marijuana sales will be distributed.
Cuomo also said this month that there will be “pressure” to legalize cannabis in the state and lawmakers will approve it “this year” to boost the economy amid the health crisis.
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Photo courtesy of Mike Latimer.
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