Cuomo Signs Recreational Marijuana Into Law In NY

HUDSON VALLEY, NY — After years of debate, lawmakers moved fast to reach a "historic day" when Gov. Andrew Cuomo signed their bill Wednesday legalizing recreational marijuana. Opinions among the Hudson Valley delegation split mostly along party lines.

New York joined its neighbors and became the 15th state in the nation to allow people 21 and over to use weed legally. The Marijuana Regulation and Taxation Act is slated to bring in $350 million in tax collection to the state's coffers annually and potentially create 30,000 to 60,000 jobs, Cuomo said.

Agreement on the legislation was announced Sunday night, and by Tuesday night, both the state Senate and Assembly had approved and sent the bill to Cuomo's desk for signature.

"For decades, New York’s existing marijuana laws have failed to protect the welfare of our Black and Latinx communities. Thousands of New Yorkers have been pushed into the criminal justice system and denied access to housing, voting, student loans, and employment opportunities," said State Senator Alessandra Biaggi (D-Bronx/Westchester). "Passing the MRTA is the first step towards rectifying the harm caused by the war on drugs and centering the communities disproportionately harmed by marijuana prohibition."

Not all lawmakers voted yes. New York State Senator Sue Serino (R-Dutchess/Putnam) cited her concerns on the potential impact on children and on roadway and workplace safety.

"Most importantly, while the intent of this bill is to legalize only adult-use recreational marijuana, I remain incredibly worried about the unintended consequences it will have on our kids," Serino said in a statement. "Unlike with alcohol, currently, no accurate roadside scientific test exists to detect marijuana in an impaired driver, making it incredibly difficult to deter impaired driving, and even more difficult to hold those who do drive while impaired accountable for any harm they may cause. A lack of available detection methods will also pose a number of health and safety challenges in the workplace—whether on a construction site, in a healthcare facility or elsewhere."

Assemblyman Mike Lawler (R-Rockland) said the bill lacked key protections, particularly a cap on potency.

"By legalizing marijuana, we are giving our residents the impression that using drugs is okay – when in fact, it’s not," he said. "We shouldn’t be promoting the use of drugs to raise our state revenue, especially without capping potency. Dozens of studies show that legalizing marijuana will lead to significant mental health issues for those who partake frequently. The public safety, public health, and mental health of New Yorkers should be protected, and we should not be ignoring these factors in search of additional state revenue."

Others lauded the news.

"Today, New York stepped up and took transformative action to end the prohibition of adult-use marijuana," said Senate Majority Leader Andrea Stewart-Cousins (D-Westchester). "This legislation is a momentous first step in addressing the racial disparities caused by the war on drugs that has plagued our state for too long."

State Senator Pete Harckham said by regulating the sale of marijuana, New York "will be able to bring this economic activity out of the shadows for the good of all our residents."

"This legislation is the result of substantial conversations with concerned stakeholders from around the state," said Harckham. "Because we took the time to gather necessary information and bring together everyone’s concerns, the result is a comprehensive agreement that stands as the most thoughtful bill of its kind in the nation."

The New York State Cannabis/Marijuana Regulation & Taxation Act establishes an Office of Cannabis Management, to enforce a regulatory framework for medical, adult-use cannabinoid hemp. The agreement would allow people with a larger list of medical conditions to access medical marijuana, increase the number of caregivers allowed per patient, and permit home cultivation of medical cannabis for patients, a release said.

In addition, the legislation would open the door for recreational marijuana, creating a two-tier licensing structure, separating growers and processors from also owning retail stores, the release said.

The legislation creates licenses for producers and distributors, among others, and the legislation seeks to implement quality control, public health, and consumer protections.

A social and economic equity program would facilitate individuals disproportionally impacted by cannabis enforcement, including creating a goal of 50 percent of licenses to go to a minority or woman-owned business enterprise, distressed farmers, or service-disabled veterans to encourage participation in the industry, Cuomo said.

Local cities, towns and villages are able to opt out of allowing the recreational use cannabis retail dispensaries or on-site consumption licenses by passing a local law by Dec. 31 or nine months after the effective date of the legislation. They cannot opt out of adult-use legalization.

On the issue of traffic safety, Cuomo said the New York State Department of Health will work with institutions of higher education to conduct a controlled research study designed to evaluate methodologies and technologies for the detection of cannabis-impaired driving.

Criminal justice

The bill allows for automatic expungement or resentencing for anyone with a previous marijuana conviction that would now be legal under the law and provides necessary funding, and adds cannabis to the clean indoor air act.

A public health and education campaign will also kick off, Cuomo said.

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

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 legalization of recreational marijuana.

Recreational marijuana was legalized in New Jersey in February. Connecticut is considering it. Massachusetts and Vermont, other neighboring states, legalized marijuana use for adults several years ago. In Pennsylvania it is legal for medical use.