Cuomo Pitches Amendments For Plan To Legalize Recreational Pot

NEW YORK — Gov. Andrew Cuomo took new steps Tuesday to advance a plan to legalize recreational use marijuana in New York State.

Cuomo announced 30-day amendments to his proposal to establish a comprehensive adult-use cannabis program.

The amendments are meant to outline how $100 million in social equity funding will be allocated, allow for the use of delivery services, and refine what criminal charges will be enforced in regard to the "improper sale of cannabis," to further reduce the impact on communities hit hardest by the war on drugs, Cuomo said.

On Monday, Cuomo said he and legalization and criminal justice advocates have not yet come to an agreement, but progress has been made. He added that if an agreement isn't reached by the time the budget moves forward in 45 days "we won't get it done," he said. That, Cuomo said, would be a mistake, as legalizing the use of recreational marijuana would prove to be an economic boon and right social justice wrongs.

But some who want legalization of recreational marijuana have said Cuomo's isn't expansive enough. According to a report in WKBW.com, his plan doesn’t go far enough to help the communities hardest hit by marijuana offenses and say it shouldn't just be about a revenue boost but instead, needs to focus on the elimination of criminal penalties and "expunging convictions for marijuana offenses."

Cuomo's new amendments address those issues, he said.

"As we work to reimagine, rebuild and reopen New York, we're taking every opportunity to address and correct decades of institutional wrongs to build back better than ever before," Cuomo said. "We know that you cannot overcome a problem without first admitting there is one. Our comprehensive approach to legalizing and regulating the adult-use cannabis market provides the opportunity to generate much-needed revenue, but it also enables us to directly support the communities most impacted by the war on drugs by creating equity and jobs at every level, in every community in our great state."

Cuomo's proposal includes a $100 million dollar fund to help revitalize communities that have been most harmed by the war on drugs. Community-based organizations and local government could apply for funding to support job placement and skills services; adult education; mental health treatment; substance use disorder treatment; housing; financial literacy; community banking; nutrition services; services to address adverse childhood experiences; afterschool and child care services; legal services to address barriers to reentry, and more, Cuomo said.

Rebuilding the economy

Legalization of recreational marijuana is expected to create more than 60,000 new jobs, and spark $3.5 billion in economic activity while generating an estimated $350 million in tax revenue once fully implemented, Cuomo said.

In addition, delivery services could offer a low-cost entry point for workers into the industry, particularly in communities which have been especially impacted by the war on drugs.

Local governments would have the opportunity to opt-out of delivery services.

Criminality of improper sales

Under Cuomo's amended plan specific penalties will be reduced as follows:

- Criminal sale in the third degree (sale to under 21 year old) would be made a class A misdemeanor

- Criminal sale in the second degree (sale of over 16 ounces or 80 grams of concentrate) would be made a class E felony

- Criminal sale in the first degree (sale of over 64 ounces or 320 grams of concentrate) would be made a class D felony

In January, with New York facing a $15 billion revenue deficit amid the coronavirus pandemic, Cuomo called for the legalization of recreational marijuana and online sports gaming.

"Despite the many challenges New York has faced amidst the COVID-19 pandemic, it has also created a number of opportunities to correct longstanding wrongs and build New York back better than ever before," Cuomo said in a statement. "Not only will legalizing and regulating the adult-use cannabis market provide the opportunity to generate much-needed revenue, but it also allows us to directly support the individuals and communities that have been most harmed by decades of cannabis prohibition."

Under the governor's proposal, a new Office of Cannabis Management would be created to oversee the new recreational program, as well as the state's existing medical and cannabinoid hemp programs. In addition, an "equitable structure" for the market would be created by offering licensing opportunities and help to entrepreneurs in communities of color who have been disproportionately affected by drug policies, Cuomo said.

In 2019, Cuomo signed legislation to decriminalize marijuana possession and expunge certain marijuana convictions. He also convened a multi-state summit that year to discuss the legalization of recreational marijuana.

The governor said legalizing online sports betting would also generate millions in tax revenue.