ICYMI: Governor Cuomo and lawmakers announce settlement to legalize grownup hashish

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In case you failed, Governor Andrew M. Cuomo, Senate Majority Leader Andrea Stewart-Cousins, and Congregation Speaker Carl Heastie had a legislative agreement last night (p.854-A / A.1248- A) Cannabis advertised to legalize adult use. The bill would set up the cannabis management office to implement a comprehensive legal framework that covers medicinal hemp, adult hemp, and cannabinoid hemp. The bill would also expand New York State’s existing medical marijuana and cannabinoid hemp programs. The legislation provides licenses for marijuana producers, distributors, dealers and other actors in the cannabis market, and creates a social and economic justice program to support those disproportionately affected by cannabis enforcement and who wish to participate in the industry.

Developing an adult cannabis industry in New York State under this legislation has the potential to create significant economic opportunities for New Yorkers and the state. Tax revenue from the adult cannabis program is expected to reach $ 350 million per year. In addition, this new industry has the potential to create 30,000 to 60,000 new jobs across the state.

“For generations, too many New Yorkers have been unjustly punished, arbitrarily arrested and given strict minimum sentences for consuming and selling adult cannabis. After years of tireless advocacy and extraordinarily hard work, that time is coming to an end in New York State.” Governor Cuomo said. “Legalizing adult cannabis is not just about creating a new market that will create jobs and benefit the economy. It is also about creating justice for long-marginalized communities and ensuring that those in the Wrongly punished in the past, now got a chance to profit. I look forward to signing this legislation into law. “

“There were many important aspects of this legislation that needed to be properly addressed – particularly the racial disparities that have plagued our state’s response to the use and distribution of marijuana, as well as ensuring public safety – and I am proud that we do Have reached the finish line ” Senate majority leader Andrea Stewart-Cousins ​​said. “Thank you Senate Sponsor, Senator Liz Krueger, for her relentless efforts to advance this legislation and get it right. I am glad we are working to bring the fair and equitable adult marijuana market to New Yorkers You deserve.”

“When we decriminalized adult marijuana use in 2019, the majority of the congregation knew that legalization had to be done the right way – in a way that would help keep our communities ravaged by state drug laws free.” Congregation speaker Carl Heastie said. “This bill will do that, and I thank Majority Leader Crystal Peoples-Stokes for her tireless efforts. The MRTA not only legalizes adult marijuana use, but has granted disproportionate targeting of people of color and ensuring they get into it for decades Law will be incorporated into the marijuana industry and reinvested in education and in communities that have been harmed. “

“For years I’ve worked to legalize marijuana so that it is a safe product, that we can invest in the lives of people suffering from mass incarceration, and that we can invest in our communities.” “” Congregation majority leader Crystal Peoples-Stokes said. “I have made a commitment to do this rightly and fairly. I believe the MRTA is doing all of these things.”

The New York State Cannabis / Marijuana Regulation and Taxation Act contains the following provisions:

Set up the cannabis management office

The Office of Cannabis Management would be tasked with enforcing a comprehensive legal framework for medicinal cannabinoid hemp for adults. It would be governed by a five-member board of directors consisting of three governor-appointed members and one appointment from each house. OCM would be an independent bureau that operates as part of the New York State Liquor Authority.

Medical cannabis

The deal would allow people with a larger list of medical conditions to have access to medical marijuana, increase the number of nurses approved per patient, and allow medical cannabis to be grown for patients in the home.

Adult cannabis

The agreement would create a two-tier licensing structure that would enable a large number of manufacturers by separating these producers and processors from the owners of retail stores. The legislation creates licenses for manufacturers and distributors, among others, and the legislation will implement strict quality control, public health and consumer protection. A social and economic justice program would make it easier for individuals disproportionately affected by cannabis enforcement, including creating a target of 50% licensing for a minority or women-owned company, or distressed farmers or veterans with disabilities, to participate to promote the industry.

The bill proposes a new cannabis tax structure that would replace a weight-based tax with a tax per mg of THC at the distribution level at different rates depending on the type of end product. The wholesale excise tax would be shifted to the retail level with a government excise tax of 9 percent. The local excise tax rate would be 4 percent of the retail price. The counties would receive 25% of the local retail tax revenue and 75% would go to the community.

Cannabinoid hemp

The agreement would allow hemp flowers to be sold under the cannabinoid hemp program and would only allow smokable forms when adult retail stores are operating.

Adult cannabis tax revenue

All cannabis taxes would be deposited in the New York State Cannabis Revenue Fund. The income covers reasonable costs for the administration of the program and the implementation of the law. The remaining funding would be split in three ways:

  • 40 percent to education
  • 40 percent of the Community Grants Reinvestment Fund
  • 20 percent of the drug treatment and public education fund

Municipal opt-out

Cities and towns can opt out of licensing adult cannabis retail stores or licenses for on-site use by passing local law by December 31, 2021, or nine months after the legislation enters into force. You can’t refuse adult legalization.

Traffic safety

The New York State Department of Health will work with universities to conduct a controlled research study to evaluate methods and technologies for detecting driving disorders caused by cannabis. Upon completion of the research study, DOH can create and implement rules and regulations to approve and certify a test for the presence of cannabis in drivers.

Legislation provides additional funding for drug recognition experts and law enforcement agencies to keep roads safe.

The use of cannabis by drivers remains prohibited.

Personal possessions and home care

The following conditions apply to home growing cannabis and personal possession of cannabis outside the home:

  • Personal possessions away from home: up to 3 ounces of cannabis and 24 grams of cannabis concentrate
  • Home ownership: changing the boundaries of what is allowed in the home that must be kept in a safe place away from children
  • Self-cultivation: In accordance with the bill, subject to ownership restrictions in 18 months for recreational use by adults and subject to the publication of the provisions of the medical program at the earliest after 6 months:
    • 3 mature plants and 3 immature plants for adults over 21 years of age
    • A maximum of 6 mature plants and 6 immature plants per household

Criminal justice and deletion of records

The framework for the punishment of cannabis would be restructured to avoid the criminalization contained in the ban. Less penalties would be imposed for possession and sale.

  • Creates an automatic deletion or re-conviction for anyone with a previous marijuana conviction that is now legal and provides the necessary funding
  • Adds cannabis to the act of clean indoor air, which establishes a baseline for smoking or vaping cannabis
  • Municipalities and local governments are allowed to pass laws that are more restrictive than the CIAA. Contains various provisions to ensure that cannabis is treated as a lawful substance and to prevent discriminatory enforcement

Protection for cannabis use and safety in the workplace

Unlawful discrimination would be prohibited and safety at work would be implemented.

Public Health and Education Campaign

OCM will establish a solid public health and education campaign and work with neighboring states and associations to coordinate measures and strategies to protect regional health and safety.