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New York Governor Signs Marijuana Decriminalization And Expungements Bill

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New York Gov. Andrew Cuomo (D) signed a bill on Monday further decriminalizing marijuana possession and enabling those with prior cannabis convictions to have their records expunged.

The law, which takes effect in 30 days, will make it so that possession of up to two ounces of marijuana is punishable by a $50-$200 fine with no jail time. Cuomo said the state’s existing cannabis policy has disproportionately impacted communities of color and, with the signing of the legislation, “we are ending this injustice once and for all.”

“By providing individuals who have suffered the consequences of an unfair marijuana conviction with a path to have their records expunged and by reducing draconian penalties, we are taking a critical step forward in addressing a broken and discriminatory criminal justice process,” he said in a press release.

While reform advocates celebrated the development, it’s not the comprehensive legalization bill that many hoped would pass before the end of the legislative session. Cuomo, who included legalization in his budget proposal and negotiated with lawmakers throughout the year to get a bill to his desk, ultimately said a deal couldn’t be reached in time.

Debates over how to allocate tax revenue from cannabis sales and whether to allow individual jurisdictions to opt out of allowing marijuana businesses operate were two major issues that derailed the legalization push.

Decriminalization expansion proved easier to accomplish, with the Senate and Assembly approving the legislation in the closing hours of the session last month.

Sen. Jamaal Bailey (D), sponsor of the bill, said that creating a “mechanism for expungement, both retroactively and forward-looking, is a step in the right direction in finally ending the heavy-handed war on drugs that has decimated communities of color.”

Providing for expungements was a top priority for legalization advocates, who argued that establishing a legal cannabis market that would create economic opportunities would have to be accompanied by a pathway to clear records for those with past marijuana convictions.

“This law is an important step in righting decades of injustice caused by the state’s current drug laws,” Assembly Speaker Carl Heastie (D) said. “Decriminalizing marijuana and expunging records for those with low level offenses will go a long way towards helping our communities, and especially people of color, who have been devastated by them.”

“By removing the barriers and stigma that come with these records, we clear the path for many New Yorkers to find a job, housing and go on to live successful and productive lives,” he said.

Kevin Sabet, president of the prohibitionist group Smart Approaches to Marijuana (SAM), said the legislation isn’t “perfect,” but there’s “no use making perfect the enemy of good.”

“This is common sense legislation we are proud of,” he said, arguing that SAM contributed to the defeat of marijuana legalization in the state while holding up decrim expansion as an alternative.

Sen. Diane Savino (D), a longtime champion of cannabis reform, responded to the bill’s signing by stating that decriminalization is just “[s]light progress… cause you are still buying it from criminals, just sayin.”


Senate Majority Leader Andrea Stewart-Cousins (D) said that decriminalization “is an essential part of reforming our state’s broken justice system.”

“For too long, communities of color have been disproportionately targeted and negatively impacted,” she said. “The Senate Democratic Majority will continue our efforts for full legalization and regulation of marijuana, and today’s decriminalization is a good first step.”

Assembly Majority Leader Crystal D. Peoples-Stokes (D) said that people of color “have been the target of discriminatory criminal justice policies and have suffered serious consequences for the possession of small amounts of marijuana, while others were never arrested or charged.”

“By decriminalizing marijuana use in New York once and for all, we are ending this repressive cycle that unfairly targets certain communities,” she said.

 

Efforts to legalize cannabis also stalled and failed in neighboring New Jersey this year, with lawmakers stating that the issue would be left up to voters as a 2020 ballot measure. In Illinois, meanwhile, Gov. J.B. Pritzker (D) made good on his campaign promise and signed a legalization bill last month.

Legalizing Marijuana Deliveries Can Reduce Impaired Driving, Colorado Governor Says

Photo elements courtesy of Metropolitan Transportation Authority and Carlos Gracia.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.

Kyle Jaeger is Marijuana Moment's Los Angeles-based associate editor. His work has also appeared in High Times, VICE and attn.

Politics

Trump Says Marijuana Makes People “Lose IQ Points” In Secret Recording

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President Trump could be heard saying that using marijuana makes people “lose IQ points” in a secretly recorded conversation released on Saturday.

“In Colorado they have more accidents,” the president said in the clip captured by Lev Parnas, an associate of Trump attorney Rudolph Giuliani, who is at the center of the Ukraine scandal that led to the president’s impeachment. “It does cause an IQ problem.”

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

Photo courtesy of YouTube/White House.

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Austin Police Chief Says Marijuana Arrests Will Continue Despite City Council Vote

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Chief Brian Manley said he would continue to enforce marijuana laws the day after the city council unanimously approved stopping arrests and tickets for low-level cases.

By , The Texas Tribune

The day after the Austin City Council approved a resolution to stop arresting or ticketing people for most low-level marijuana possession offenses, the police chief made clear he had no plans to do so.

“[Marijuana] is still illegal, and we will still enforce marijuana law if we come across people smoking in the community,” Chief Brian Manley said during a news conference Friday afternoon.

Though cracking down on those in possession of small amounts of marijuana has never been a priority for the department, he said, police will continue to either issue tickets under the city’s “cite-and-release” policy or arrest people if officers “come across it.”

The difference, according to City Council member and resolution sponsor Greg Casar, is that the council’s move now guarantees those actions will come with no penalty. Tickets will be meaningless pieces of paper and any arrests will result in a quick release with no charges accepted from prosecutors, he told The Texas Tribune after the news conference.

“What has changed since yesterday is that enforcement, almost in virtually all cases, is now handing someone a piece of paper with no penalty or no court date,” Casar said.

The move by the City Council came as a direct result from Texas’ new hemp law which complicated marijuana prosecution across the state. Last summer, when lawmakers legalized hemp, they also changed the definition of marijuana from cannabis to cannabis that contains more than 0.3% THC, the psychoactive ingredient in the plant.

Many prosecutors, including those in Austin’s Travis County, now won’t accept pot cases based on look and smell alone, requiring lab testing to determine THC levels before accepting a case. Such testing is not yet available in public crime labs, though some counties and cities have spent money to obtain test results from private labs.

The council’s resolution prohibited using city funds or personnel to conduct such testing in non-felony marijuana cases. It also directed the elimination, to the furthest extent possible, of arrests or citations for cannabis possession. As Manley also noted, the resolution clarifies it can’t technically decriminalize marijuana, since that is state law.

The resolution gave the city manager until May 1 to report back to the council on how police were trained in this new resolution, and Casar said he hopes Manley reviews his policies before then.

Manley said in the news conference that he would continue to review the resolution, as well as police policies.

But, he assured, “a City Council does not have the authority to tell a police department not to enforce a state law.”

This article originally appeared in The Texas Tribune.

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Austin City Council Approves Measure To End Most Marijuana Arrests

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Andrew Yang Wants To Legalize Psychedelic Mushrooms For Military Veterans

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Andrew Yang says he wants to legalize psilocybin mushrooms for military veterans to help them combat mental health conditions such as post-traumatic stress disorder (PTSD).

During a town hall event at an Iowa college on Thursday, the 2020 Democratic presidential candidate was asked whether he would take initiative and allow veterans to access medical marijuana if elected. Yang replied he “will be so excited to be that commander-in-chief” that he would not only end federal cannabis prohibition but would go one step further by legalizing the psychedelic fungus for veterans as well.

“We need to get marijuana off of the Controlled Substances Act and legalize it at the federal level, make it freely available,” he said. “I say this because I’ve talked to hundreds of veterans and other Americans who benefit from marijuana as a pain relief treatment, and it’s much less deadly than the opiates that many, many people are using for the same conditions.”

“I’ve talked to veterans who’ve also benefited from psilocybin mushrooms,” he added. “They said it was the only thing that actually has helped combat their PTSD. I’m for legalizing psilocybin mushrooms for veterans as well. Pretty much if it’s going to help a veteran, we should make it easier, not harder, for them to get access to it.”

Yang’s drug policy reform platform is unique in that respect. While the majority of Democratic candidates support marijuana legalization, he’s pushed unique proposals such as decriminalizing possession of opioids and making psilocybin mushrooms “more freely available” for therapeutic purposes. The candidate also wants to invest federal funds in safe injection facilities where individuals can use prohibited drugs in a medically supervised environment and receive help getting into treatment.

He hasn’t gone so far as embracing the decriminalization of all drugs, as former South Bend, Indiana Mayor Pete Buttigieg has, however.

That said, Yang did signal that he’s open to legalizing and regulating “certain drugs” beyond cannabis, which he argued would disrupt international drug cartels. Rep. Tulsi Gabbard (D-HI) recently said she backs “legalizing and regulating” currently illegal controlled substances to protect public safety and combat the illicit market.

At the Iowa town hall, Yang went on to say that he’s particularly interested in legalizing marijuana, and he again pledged to “pardon everyone who’s in jail for a non-violent marijuana-related offense because they shouldn’t be in jail for something that’s frankly legal in other parts of the country.”

“And I would pardon them all on April 20, 2021, high-five them on the way out of jail and be like, ‘things got a lot better in the last year,'” he said, referencing the unofficial cannabis holiday 4/20.

Tom Steyer Calls For Marijuana Legalization And Opioid Decriminalization

Photo element courtesy of Gage Skidmore.
https://commons.wikimedia.org/wiki/File:Andrew_Yang_(48571382196).jpg

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