New York lawmakers pass bill to legalize recreational marijuana

(The Center Square) – New York lawmakers late Tuesday night passed historic legislation to legalize recreational marijuana, sending it to Gov. Andrew Cuomo, who said he will sign it into law.

The measure, which was agreed to as part of the ongoing budget negotiations, delivers a new revenue stream for the state, one that could generate as much as $350 million. However, legislators also hailed it as a civil rights issue to rectify decades of damages of state and federal drug laws as the thousands of individuals convicted on lower-level possession and sales charges will see their records expunged.

“We are providing marijuana justice by ensuring investment into the lives and communities of those who suffered for generations as a result of mass incarceration,” said Senate Majority Leader Crystal Peoples-Stokes, D-Buffalo. “The results will be transformative for people across New York State – it will create economic and research opportunities, jobs across a wide variety of sectors, and a safe and reliable product.”

The measure passed in the state Senate by a 40-23 vote. It then passed in the Assembly by a 100-49 margin. Both chambers featured hours of debate on the bills.

Once Cuomo signs the bill, New York will be the 15th state to legalize recreational use.

In the Assembly, concerns were raised on how the legalized recreational marijuana may affect access to the medicinal product.

Assemblywoman Melissa Miller, a Republican from Atlantic Beach who has fought for medicinal access, said she fears the soon-to-be law may mean that program goes “basically out of business.”

“I have such a concern that many of the people who do need medical, who are authorized to receive medical marijuana, will simply get it through a recreational dispensary because they will have variety, they will have high potency, they can kind of self-treat without (needing) the effort of getting access through the medical route and above all it’s cheaper,” she said.

After it’s enacted, both the medicinal program and recreational dispensaries will be governed by a new Office of Cannabis Management (OCM). That state agency will have regulatory authority over the industry. That body will need to be established and set up regulations before businesses can open.

The soon-to-be law will allow for both retail sales and personal cultivation. Individual adults aged 21 and up will be able to have three mature and immature plants, and households with two or more adults can have a total of 12 plants, six each. Individuals also can have up to five pounds of marijuana in their home, provided there are safeguards to keep it from minors.

The state will tax marijuana at both the wholesale and retail levels. At the retail level, there will be a 13 percent tax, with 9 percent going to the state and the remainder staying within the local community and county.

State officials have estimated legal recreational marijuana could bring $350 million in annual revenue and create tens of thousands of jobs. Assembly leaders have noted, though, that states like California, Colorado and Washington have seen sales surpass expectations.

State proceeds, after funding the OCM, will divided on a 40-40-20 bases between a community grants fund designed to improve communities affected by the war on drugs, public education and a drug treatment and public education fund, respectively.

The law allows cities and towns to opt-out of allowing certain retail establishments in their communities, although residents can then overturn that by a referendum. Municipalities can also put restrictions on establishments, but they cannot ban outright adult use of marijuana.

Some criminal penalties will remain. Possessing outside of a residence more than three ounces would be punishable with a $125 fine. The law will treat underage possession in a similar fashion to alcohol, and users will be subject impaired driving laws.

Unlawful possession and selling, depending on the amount will range from a class A misdemeanor to a class D felony for possession and class C for sales.

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