Proponents of marijuana reform are seeing a number of positive signs in the drive to legalize marijuana in New York – with the governor saying a deal is “very close” and a new Senate resolution saying a legalization bill “will be passed” outside the budget process. “
Although Governor Andrew Cuomo (D) has included his own legalization plan in his budget request, the final version is expected to be more like a proposal sponsored by two important legislators and will be dealt with outside the annual spending legislation. And if either side needs more motivation to act, a new poll released on Monday again confirms that the majority of New Yorkers support the policy change.
The news about how the legislation will be dealt with in the future is welcomed by advocates who think the legislators’ Marijuana Regulation and Taxation Law (MRTA) addresses social equality issues more broadly compared to the governor’s proposal. However, the legislature is still working to resolve a number of provisions before the language is released.
Cuomo said on Monday that “approving marijuana reform and legalizing recreational marijuana” remains a priority and that he spent the weekend talking to the majority leader in the Assembly, Crystal Peoples-Stokes (D), sponsor of the MRTA, “working” the legislation. He said that they are “very close to marijuana”.
“We have been trying to do this for the past three years, we have to end this year,” he said. “Many young lives have been ruined because of marijuana laws.”
“It is no longer about staying in the red zone,” he added, using a football metaphor. “We have to cross the goal line this time. We need the seven points. “
The governor had already insisted on approving the reform through the budget process, but that seems to be no longer part of the plan. A new Senate resolution responding to its executive budget that was launched over the weekend states that the House’s revised spending legislation “omits the Cannabis Regulation and Taxation Law, which if enacted would have increased revenue for All Funds in US $ 20 million in SFY 2021-22, but fully supports the MRTA (S.854), which must be approved outside the budget process. ”
While the Cuomo legalization measure is being omitted, the Senate has agreed to its proposal to provide $ 37.4 million in additional funding to the state’s Liquor Control Division in order to “support the creation of an office to regulate recreational use of cannabis in adults “, an additional sign that legislative action is imminent.
The Assembly’s latest budget resolution does not address marijuana policy.
Before the legislation is finalized, legislators and the administration are supposed to be working on several points of conflict, including how many plants people can grow for personal use and what kind of evidence can be used in cases of impaired driving.
According to Zack Fink of NY1, once these provisions are resolved, the vote on the reform bill in both chambers may take place next week.
2/2) The model they are using is the @LizKrueger and @CPeoplesStokes Bill, not Cuomo’s. The main points of contention include:
-The number of plants that can be grown in the homestead model
– What kind of evidence can be used in court for those found to be driving with disabilities
– Zack Fink (@ZackFinkNews) March 15, 2021
The governor’s budget, unlike the plan presented by lawmakers, did not allow people to legally grow their own marijuana at home.
Public defender and activist Eli Northrup said he heard from sources that Cuomo is pushing for legislation to make it possible for the police to continue to justify stops and searches based solely on cannabis odor, regardless of their legalization. Defenders are strongly opposed to this policy.
Only where there is evidence that someone is driving under the influence of marijuana will the odor be relevant. And yet, just the smell of burning marijuana. Searches must be tailor-made to discover evidence of this offense. It is not a license to search an entire car.
– Eli Northrup (@EliNorthrup) March 15, 2021
Details of the final legislation may be pending, but research shows New Yorkers are ready for marijuana reform. A Siena College survey released on Monday found that 59 percent of residents support legalizing adult use, compared with 33 percent who oppose it.
“Today’s Siena research confirms that New Yorkers in general are overwhelmingly in favor of marijuana legalization,” Melissa Moore, New York state director of the Drug Policy Alliance, told Marijuana Moment. “Given this broad-based mandate, it is imperative that the best marijuana reform project becomes law.”
“We urge the rapid approval of the Marijuana Regulation and Taxation Act (S.854 / A.1248) to ensure justice, jobs and equality for the millions of New Yorkers who have endured the impact of marijuana criminalization and restitution for the poorest communities. harmed by the drug war, ”she said. “The time to act is now.”
According to Cuomo and MRTA sponsors, Peoples-Stokes and Senate Finance President Liz Krueger (D), there is a recognition of this need for action and the process is moving forward.
“We are working on a marijuana bill. I had several conversations with the members, ”said the governor last week. “We have made good progress.”
Krueger also said that lawmakers were “working hard on a triple bill that could be passed by the legislature before we get to the budget”. She added: “I feel that we are 95% there. We took some important steps to do this. “
Peoples-Stokes said last week that the talks “are very good and very fruitful and I am very encouraged”. In fact, “I’ve never been encouraged before.” That was despite the fact that she said a few days earlier that negotiations with the governor’s office over legalization legislation had become heated to the point of screaming.
A state budget spokesman said that “the government is working with all parties to approve a comprehensive regulatory framework for adult cannabis that prioritizes social equity, social justice, economic development and public health and safety. all New Yorkers. “
It is speculated that the growing number of allegations of sexual harassment against the governor – in addition to the controversy over the treatment of the state of death data from the COVID-19 nursing home – would leave him with less political influence to negotiate on behalf of his proposal in relation to legislators. Peoples-Stokes said earlier that he wanted the legislature to take over the MRTA first and then consult the governor’s office about his plan.
Cuomo proposed amendments to his legislation last month that he hoped would address certain concerns of lawmakers and advocates. The changes mainly concern issues such as funding for social equality and criminal penalties for marijuana possession by minors.
Unlike the MRTA, the revised plan would continue to criminalize people who grow their own marijuana at home and would not provide any additional social capital financing beyond its original plan.
Another factor that works against Cuomo is that Democrats now have an absolute majority control over the legislature, which could empower them to override a potential veto if they pass the MRTA against the governor’s will.
New York lawmakers last month held the first public hearing of the year on proposals to legalize cannabis, focusing specifically on budgetary implications.
Lawmakers heard testimony during a joint session by two representatives of the pro-legalization industry and an opponent. Despite their ideological differences when it comes to legalization in general, the three panelists criticized Cuomo’s reform proposal. The two reform advocates said they would prefer to move the MRTA forward rather than its legislation.
Last month, Lieutenant-Governor Kathy Hochul (D) – who would become governor if Cuomo resigned or was impeached – told Marijuana Moment in an interview that there would be room for revisions to the current governor’s plan, stating that “much of be negotiated with the legislature, and all of these details can be resolved with your contributions as well. “
Cuomo said that the changes in his project reflect “the conversations we had, but I am hopeful that we can reach an agreement and do it. He added that he believes, “because I’ve seen this film before,” if we don’t finish it by April 1, we won’t do it. “
This is the third consecutive year that Cuomo has included a proposed legalization in his budget plan. In the last two times, negotiations with the legislature have stalled amid disagreements over some components, such as the tax structure of the market and the financing of social equity programs.
Regardless of the direction the legislature takes in this matter, there is growing recognition in the state that legalization is inevitable.
The leading Republican in the New York Assembly said in December that he expects the legislature to legalize cannabis in this next session.
Senate majority leader Andrea Stewart-Cousins (D) said in November that she also anticipates that the reform will move forward in 2021, although she has noted that lawmakers have yet to decide how tax revenue from marijuana sales will be. distributed.
Cuomo also said that month that “there will be pressure” to legalize cannabis in the state and lawmakers will approve “this year” to boost the economy in the midst of the health crisis.
Wisconsin Republican Party lawmakers introduce bill to decriminalize marijuana, while the governor pushes for full legalization
Photo courtesy of Mike Latimer.
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