Marijuana legalization is “not likely” to be included in the final budget in New York, Gov. Andrew Cuomo (D) said on Tuesday, explaining that the issue proved too complicated as the state grapples with the coronavirus.
Another sign that the policy change isn’t happening as Cuomo and advocates had planned comes from a pair of newly revised budget bills that exclude the proposal, making it all but certain that legalization won’t make the final cut.
“Too much, too little time,” the governor said of the proposal during a press conference.
Watch Cuomo’s cannabis comments in the video below:
Later in the day, Cuomo expanded on why legal cannabis likely would be left out of the budget in a radio interview.
“We’re not going to get there. I don’t believe we get there because in truth that is something that had to be talked through and worked through, and the legislature wasn’t here. I was doing this COVID virus,” he told WAMC’s Alan Chartock. “That requires time to do it right.”
“That is not a yes/no. That’s a, how does it work. How about the police? How many licenses? Who gives out the licenses? How do you do minority empowerment? How do we coordinate with Connecticut and New Jersey?” he said. “And no one has really had the time to work those things through. So I don’t think we get there on that.”
Listen to Cuomo’s marijuana comments, about 22:45 into the audio below:
Wednesday is the deadline to deliver a budget, and so the identical Senate and Assembly spending bills that were freshly amended on Tuesday are unlikely to substantially change before they get a vote and sent to the governor’s desk. A provision in Cuomo’s original proposal that would implement an adult-use cannabis market was “intentionally omitted,” text of the legislation states. That phrase is used repeatedly throughout the legislation for policies that missed the cut.
That’s not to say that there’s no appetite for the reform move within the legislature. It was expected to make it into the budget, but the coronavirus outbreak shifted legislative priorities and legalization evidently proved too complicated an issue to work out ahead of the deadline. Top lawmakers have said there’s no reason that they can’t develop a comprehensive reform plan outside of the budget.
However, Cuomo said earlier this month that his preference would be to address legalization through the budget because, outside of that process, “the easiest thing for a legislative body to do is to do nothing.”
The release of the budget bills seems to confirm details included on a draft budget report that was shared with Marijuana Moment on Monday. It similarly said that the “Adopted Budget omits the Executive proposal to legalize adult use cannabis.”
A revised standalone legalization bill was recently introduced in the Senate, and advocates hoped the language would be inserted into the budget, but that didn’t pan out. However, it’s possible that legislators could still take it up separately after the budget is handled. That said, it remains to be seen when the legislature, which has scaled down other activity amidst the COVID-19 pandemic, will be able to tackle the issue.
A spokesperson for the bill’s sponsor, Sen. Liz Krueger (D), told Marijuana Moment on Monday that “nothing is done until it is done, but the Senator has said previously that the Governor’s staff essentially took marijuana off the table weeks ago” in budget talks.
The senator still believes that “if it can’t get done the right way in the budget right in the middle of overlapping public health and fiscal crises, that there is no reason it can’t get done right later.”
Assembly Majority Leader Crystal Peoples-Stokes (D), who has also sponsored a legalization bill, told Politico that “I wish that it was [included in the budget], but I don’t believe that it is.”
Marijuana Moment reached out to Senate and Assembly leadership for comment about the budget bills, but representatives were not immediately available.
“While legalizing cannabis is necessary to reduce the decades of unjust, racist targeting of communities of color in New York, our state faces a public health crisis right now and efforts to contain COVID-19 demand legislators’ full attention,” Kassandra Frederique or the Drug Policy Alliance said. “We remain committed to seeing legalization passed in New York at a time when critical components of equity and community reinvestment can be thoroughly addressed.”
“The regulation of marijuana in our state must be centered in economic and racial justice now more than ever, because we know the same communities targeted by drug enforcement are the ones with the least access to healthcare right now, the ones grappling with decades of the economic toll from criminalization, with low wages, unstable housing, and the ones losing jobs and loved ones at the same time,” she added. “The creation of a diversified and equitable industry that supports New York-based small businesses and farmers will be imperative coming out of this crisis. When the dust settles and New York has survived this pandemic, these communities that are on the frontlines of this crisis—in addition to the legacy of harmful enforcement—must be the center of our rebuilding effort.”
Prohibitionist group Smart Approaches To Marijuana celebrated reports that legalization would not be included in the budget, stating that “the consideration of marijuana legalization and commercialization during this outbreak is unconscionable and extremely shortsighted.”
Today it was reported that efforts to legalize marijuana through the budget process in New York have failed.
This is a tremendous victory for public health and safety.
Our statement: pic.twitter.com/yVr9rlAr8g
— SAM (@learnaboutsam) March 31, 2020
Cuomo also originally planned to tour legal cannabis states to learn from their experiences and take lessons back home, but that plan was also derailed due to the coronavirus.
The governor pitched legalization in his budget proposal last year as well. But following months of negotiation, the legislature failed to produce a passable bill—with disagreements centering on issues such as how tax revenue would be allocated—and so the effort carried over to this year.
Cuomo seemed optimistic that 2020 would be the year for legal cannabis in New York, and he touted the proposal in his State of the State address in January. Just last week, he indicated the effort was still alive, though he also recognized that it may prove too complicated an issue to ultimately deliver through the budget this round.
Meanwhile, drug policy reform efforts across the country are struggling amid the pandemic.
Activists in California recently released a video asking California officials to allow digital signatures for a petition to revise the state’s adult-use marijuana program. In Washington, D.C., advocates for a measure to decriminalize psychedelics similarly wrote to the mayor and local lawmakers, imploring them to accept online signatures for their ballot petition.
Another California campaign to legalize psilocybin mushrooms is struggling and asking for electronic signature gathering to qualify for the ballot. An effort to legalize medical cannabis in Nebraska is facing similar signature gathering challenges. A campaign to legalize cannabis in Missouri is also in jeopardy.
In Oregon, advocates for a measure to decriminalize drug possession and a separate initiative to legalize psilocybin for therapeutic purposes have suspended in-person campaign events amid the pandemic.
Arizona activists shared some more positive news last week, however, announcing that they have collected more than enough signatures to qualify for the state’s November ballot—though they have not yet been submitted to or verified by the state.
This story was updated to include reaction from Drug Policy Alliance and additional comments from Cuomo.
Photo courtesy of Chris Wallis // Side Pocket Images.
Vice President Pence Slams Marijuana Banking Provisions In Democrats’ COVID Bill
Vice President Mike Pence on Monday criticized the inclusion of marijuana banking language in the latest House-passed coronavirus relief bill.
During an interview with Fox Business’s “Lou Dobbs Tonight,” the vice president discussed GOP priorities for future COVID-19 legislation and said they were at odds with those of Democrats.
“In the House of Representatives, I heard the other day that the bill that they passed actually mentions marijuana more than it mentions jobs,” Pence, who consistently voted against cannabis amendments when he served in Congress, said. “The American people don’t want some pork barrel bill coming out of the Congress when we’ve got real needs from working families.”
This is one of the more high-profile examples of Republicans condemning the cannabis provisions, but it’s far from the only one. Just last week, Pence’s chief of staff, who previously served as director of legislative affairs for the White House, made similar remarks.
Senate Majority Leader Mitch McConnell (R-KY) has been one of the most vocal critics, though he’s largely focused on specific industry diversity reporting requirements of the Secure and Fair Enforcement (SAFE) Banking Act that were included in the COVID legislation along with the basic financial services provisions of the bill.
The SAFE Banking Act, which previously passed the House as a standalone bill, is primarily meant to protect financial institutions that service state-legal marijuana businesses from being penalized by federal regulators.
The prospects of getting the House version to the president’s desk seem dim, as negotiations between Speaker Nancy Pelosi (D-CA), Senate Minority Leader Chuck Schumer (D-NY) and Treasury Secretary Steven Mnuchin have stalled.
President Trump, meanwhile, has decided he’s not waiting for lawmakers to reach a deal and issued an executive order over the weekend that calls for new unemployment benefits, student loan payment deferrals and more.
Senate Minority Whip Dick Durbin (D-IL) said on Sunday that Democrats are “ready to meet the White House and Republicans halfway.” What remains to be seen, however, is whether “halfway” would involve cannabis banking protections.
Democrats have made the case that granting cannabis businesses access to the banking system would mitigate the spread of the virus by allowing customers to use electronic payments rather than exchange cash. They also say it could provide an infusion of dollars into the financial system that’s especially needed amid the economic downturn caused by the pandemic.
Rep. Tulsi Gabbard (D-HI) told Marijuana Moment in an interview last week that she agrees with her colleagues that the marijuana banking provision is relevant to COVID-19 bill.
“By continuing to disallow anyone associated with these industries that states have deemed legal is further perpetuating serious problems and uncertainty during a time when, frankly, we need as much certainty as we can get,” she said.
While the Senate did not include the banking language as part of their COVID-19 bill, there’s still the House-passed standalone legislation that could be acted upon.
The SAFE Banking Act has been sitting in the Senate Banking Committee for months as lawmakers negotiate over the finer points of the proposal.
Last month, a bipartisan coalition of state treasurers sent a letter to congressional leaders, asking that they include marijuana banking protections in the next piece of coronavirus relief legislation.
In May, a bipartisan coalition of 34 state attorneys general similarly wrote to Congress to urge the passage of COVD-19 legislation containing cannabis banking provisions.
Photo courtesy of Flickr/Gage Skidmore.
Arizona Marijuana Legalization Initiative Officially Qualifies For November Ballot
A measure to legalize marijuana in Arizona officially qualified for the November ballot on Monday.
The secretary of state announced that activists turned in enough valid petitions to make the cut one month after about 420,000 raw signatures were submitted.
Under the measure, adults could possess up to an ounce of marijuana at a time and cultivate up to six plants for personal use.
The initiative also contains several restorative justice provisions such as allowing individuals with prior marijuana convictions to petition the courts for expungements and establishing a social equity ownership program
Cannabis sales would be taxed at 16 percent. Tax revenue would cover implementation costs and then would be divided among funds for community colleges, infrastructure, a justice reinvestment and public services such as police and firefighters.
The Department of Health Services would be responsible for regulating the program and issuing cannabis business licenses. It would also be tasked with deciding on whether to expand the program to allow for delivery services.
Secretary of State Katie Hobbs said that her office verified petitions submitted by the Smart and Safe Arizona campaign and determined that they turned in approximately 255,080 valid signatures. At least 237,645 were needed to qualify.
The measure will be designated on the ballot as Prop. 207.
The Secretary of State's Office has certified the signatures submitted by the Smart and Safe Arizona initiative. After review, the petition exceeded the minimum requirement with approximately 255,080 valid signatures and will be placed on the General Election ballot as Prop. 207. pic.twitter.com/E6nM4vkLgf
— Secretary Katie Hobbs (@SecretaryHobbs) August 11, 2020
It’s been a long road to the ballot for activists, who at one point asked the state Supreme Court to allow them to collect signatures electronically amid the coronavirus pandemic. That request was ultimately rejected.
Prohibitionists attempted to keep the measure off the ballot by filing a suit in state court, arguing that the official summary of the initiative was misleading because it omitted certain provisions. The court disagreed and rejected the suit last week, though it’s still possible the legalization opponents will appeal.
Arizona voters narrowly rejected a marijuana legalization initiative in 2016. But in a survey of likely voters released last month, more than six-in-ten (62 percent) said they now support legalizing cannabis, while 32 percent are opposed.
Opponents of the proposal, including Gov. Doug Ducey (R), recently released official voter guide arguments against the initiative. Supporters filed arguments as well, and all will be circulated to voters in a pamphlet printed by the state.
The governor, in his submission, argued that legalization is “a bad idea based on false promises.”
Meanwhile, pro-legalization activists are asking supporters to share personal stories about why they support the cannabis ballot measure.
Share your personal story or reason for supporting Smart and Safe AZ, for the chance to be featured on our social media platforms! Submit your story on our website: https://t.co/Kbxa003kXK #SmartandSafeAZ #legalizemarijuana pic.twitter.com/EhO7jeFuPG
— Smart & Safe AZ (@SmartandSafeAZ) August 10, 2020
Here’s a status update on other 2020 drug policy reform campaigns across the country:
The Washington, D.C. Board of Elections certified last week that activists submitted enough valid signatures to place a measure to decriminalize plant- and fungi-based psychedelics in the nation’s capital.
Oregon’s secretary of state confirmed last month that separate measures to legalize psilocybin therapy and decriminalize possession of all drugs while expanding treatment services will appear on the November ballot.
Montana activists said last month that county officials have already certified that they collected enough signatures to place two marijuana legalization measure on the state ballot, though the secretary of state’s office has yet to make that official.
Organizers in Nebraska last month submitted 182,000 signatures in an attempt to put a medical marijuana measure on November’s ballot.
Idaho activists behind a medical marijuana legalization initiative were hoping to get a second wind after a federal judge said recently that the state must make accommodations for a separate ballot campaign due to signature gathering complications caused by the coronavirus pandemic. But following a U.S. Supreme Court ruling against the other group last week, hopes are dashed.
Prior to the COVID-19 outbreak and stay-at-home mandates, separate measures to legalize marijuana for medical and recreational purposes qualified for South Dakota’s November ballot.
The New Jersey legislature approved putting a cannabis legalization referendum before voters as well.
And in Mississippi, activists gathered enough signatures to qualify a medical cannabis legalization initiative for the ballot—though lawmakers also approved a competing (and from advocates’ standpoint, less desirable) medical marijuana proposal that will appear alongside the campaign-backed initiative.
A campaign to legalize cannabis in Missouri officially gave up its effort for 2020 due to signature collection being virtually impossible in the face of social distancing measures.
North Dakota marijuana legalization activists are shifting focus and will seek qualification for the 2022 ballot.
Washington State activists had planned to pursue a drug decriminalization and treatment measure through the ballot, but citing concerns about the COVID-19 outbreak, they announced last month that they will be targeting the legislature instead.
Photo courtesy of Mike Latimer.
Federal Drug Decriminalization Model Unveiled By Top Reform Group
A leading drug policy reform group recently unveiled a framework to federally decriminalize all illicit drugs that they hope will be embraced by Congress.
The Drug Policy Alliance (DPA) said ending the drug war will help address racial disparities in the criminal justice system and promote public health. The proposal is being rolled out ahead of the 50th anniversary of the enactment of the Controlled Substances Act, the legislative basis of today’s federal drug criminalization.
Full bill text of the proposed “Drug Policy Reform Act” isn’t available yet, but according to a summary, it will contain provisions to end strict sentencing constructs such as mandatory minimums for drug conspiracy offenses, provide for expungements and end collateral consequences for drug convictions like the denial of public benefits and educational loans. It would also defund federal drug agencies such as the Drug Enforcement Administration (DEA) and the White House Office of National Drug Control Policy.
“There are many elected officials—on and off the Hill—that speak to the sentiments of drug decriminalization, continually touting drug use should be treated as a public health issue instead of a criminal issue—most notably when it comes to marijuana,” Queen Adesuyi, policy manager at DPA’s Office of National Affairs, told Marijuana Moment.
“However, tides are shifting and this transformational political moment calls for this roadmap we have provided legislators to begin repairing the extensive devastation the failed drug war has created beyond marijuana and beyond talking points,” she said. “There are congressional offices and allies who are, in fact, ready to see the end of criminalizing people for drug use actualized; we’re looking forward to working with them to lay the groundwork for this much needed reform in Congress.”
Criminal penalties for simple possession would be removed on the federal level. While Congress can’t change state laws under which a majority of people punished for drug offenses are prosecuted, the proposal states that federal dollars would no longer go to states for drug enforcement purposes. Also, military equipment would not be allowed to be transferred to local or state law enforcement departments for drug enforcement, no-knock warrants and surveillance technologies for drug offenses would be prohibited and employment discrimination based on criminal conviction disclosures would also be banned.
Under the proposed legislation, drug scheduling classification responsibilities would be shifted from DEA to the National Institutes of Health (NIH).
NIH would also led a rulemaking task force to create a definition for “personal use quantities” and establish a process for “facilitating voluntary access to services for those seeking addiction treatment,” according to the summary.
The legislation would also promote investments in harm reduction programs to treat substance misuse.
“Removing criminal penalties for drugs is a first step in repairing the harms of the drug war,” Theshia Naidoo, managing director of criminal justice law and policy at DPA, said in a press release.
“In 2018 alone, over 1.6 million people were arrested on drug charges, over 86 percent of which were just for possession. These arrests can have impacts that last for a lifetime, often preventing access to employment, housing, financial aid for college, and even jeopardizing parental rights or immigration status,” she said. “And as we all know too well, these laws are far from equal. They are disproportionately enforced on Black, Latinx & Indigenous people, resulting in generational trauma, vilification and economic hardship on entire communities.”
At the state level, voters in Oregon could make the state the first in the nation to decriminalize possession of all drugs after an initiative to enact that policy change officially qualified for the ballot last month.
Insiders at the Vermont Democratic Party are also circulating a draft platform that proposes adding an end criminalization for drugs as a 2020 plank.
While neither President Trump or presumptive Democratic presidential candidate Joe Biden has backed broad drug decriminalization, presidential nominees for the Libertarian and Green Parties have both voiced support for the policy change.
Read DPA’s summary of its proposed drug decriminalization legislation below: