The State of New York might conduct a study on marijuana legalization. Or it might not. That depends on which chamber of the legislature prevails on the issue in ongoing budget negotiations.
In January, Gov. Andrew Cuomo (D) proposed an official examination of the possibility of ending cannabis prohibition in his budget proposal.
“Notwithstanding any inconsistent provisions of law, so much funds as shall be determined necessary by the commissioner of health, shall be available for the office of public health to conduct a study in consultation with other state agencies, to review, including but not limited to, the health, criminal justice, and economic impacts of a regulated marijuana program in the state of New York; including the consequences to the state of New York resulting from legalization in surrounding states,” the provision reads.
Last week, the heavily Democratic state Assembly agreed, including the plan in its budget resolution.
But the Republican-controlled Senate disagreed, explicitly rejecting the governor’s proposal in its own budget resolution.
“The Senate denies the Executive recommendation to…allow for DOH to study regulated marihuana,” that chamber’s legislation reads, nonetheless adding the qualifier that the body is “sensitive to the State’s desire to study the consequences to the State of New York resulting from the legalization of marihuana in surrounding states.”
Cuomo, a longtime opponent of marijuana law reform who forced lawmakers to significantly scale back a proposed medical cannabis program before agreeing to sign it into law in 2014, surprised many observers by including the proposed legalization study in his budget this year.
The move was spurred by moves to end cannabis prohibition in neighboring states. In New Jersey, for example, Gov. Phil Murphy (D) campaigned on legalization last year and included tax revenue from possible marijuana sales in a budget proposal released this month.
“The world is changing all around us. New Jersey is talking about legalizing recreational marijuana. Massachusetts has legalized recreational marijuana. On the other hand the federal government is saying they’re going to get aggressive against states that are legalizing marijuana. So this is a topic of concern,” Cuomo said in an interview after releasing the proposal. “I say let’s get some facts so we actually have an informed debate on the issue, and that’s what the study will do.”
Joel Giambra, a former Erie County executive who is mounting an independent bid to challenge Cuomo’s reelection this year, supports legalizing outright. His campaign commissioned its own report, which concluded that the move would generate $500 million in new annual tax revenue.
“There’s no more need to study this,” he said. “It’s time to be aggressive. It’s time to be proactive.”
Gov. Cuomo announced today he wants to fund a study of legal marijuana, just 24 hours after GOP challenger Joel Giambra called for full legalization.
Giambra today? "There's no more need to study this. It's time to be aggressive." pic.twitter.com/Nn9fF9lpMz
— Danny Spewak (@DannySpewakWGRZ) January 17, 2018
In the meantime, whether or not the state conducts the formal legalization study will depend on the results of behind-closed-doors negotiations this spring between the governor, the Senate president and the Assembly speaker to craft a final spending plan for Fiscal Year 2019.
Read: Here’s The Final 2018 Farm Bill That Will Legalize Hemp
The final text of the 2018 Farm Bill was released on Monday, and industrial hemp legalization made the cut. Votes to send the legislation to President Trump’s desk are expected this week.
The bipartisan provision, championed by Senate Majority Leader Mitch McConnell (R-KY), will enable U.S. farmers to cultivate, process and sell hemp, the market for which is now a multi-billion dollar industry.
Following the announcement last month that lawmakers in the Senate and House Agriculture Committees had reconciled their respective versions of the agriculture legislation—with hemp legalization in the mix—questions remained about a controversial provision in the Senate version that would ban people with felony drug convictions from participating in the hemp industry.
But a compromise was reached and the final version will allow such individuals to work for hemp businesses after 10 years.
Read the text of the final 2018 Farm Bill’s hemp provisions here, followed by explanatory statements from the conference committee:
Farm Bill Hemp Provisions by on Scribd
Marijuana Moment excerpted the above sections dealing with hemp from the full 807-page Farm Bill and committee explanatory documentation.
“While this Farm Bill is a missed opportunity, there are some good provisions,” Rep. Earl Blumenauer (D-OR) said in a press release. “One of those provisions is to roll back our senseless hemp prohibition.”
“Our forefathers would be rolling in their graves if they saw us putting restraints on a versatile product that they grew themselves. We have farmers growing thousands of acres of hemp in dozens of states across the U.S. already. You can have hemp products shipped to your doorstep. This is a mainstream, billion-dollar industry that we have made difficult for farmers. It’s past time Congress gets out of their way.”
Under the legislation, hemp would no longer be in the jurisdiction of the Justice Department. Rather, the U.S. Department of Agriculture will lightly regulate the crop.
If the bill passes and President Trump signs it, hemp legalization will go into effect on January 1, according to VoteHemp.
Watch: Sen. Mitch McConnell Uses Hemp Pen To Sign Farm Bill Legalizing The Crop
Senate Majority Leader Mitch McConnell (R-KY) signed off on the final version of the 2018 Farm Bill on Monday…and he used a pen made of marijuana’s non-psychoactive cousin, hemp, to so do.
The senator has been the leading proponent of an industrial hemp legalization provision, which recently made its way into the final version of the wide-ranging agriculture legislation.
“Making it official with my hemp pen,” McConnell wrote in a tweet that includes video of him signing off on the proposal. “Proud to have served as conferee on Farm Bill & to fight for Kentucky priorities.”
Making it official with my hemp pen!🖋️ Proud to have served as conferee on #FarmBill & to fight for #Kentucky priorities. With today's signature, my provision to legalize industrial #hemp is 1 step closer to reality. Looking forward to voting YES on this bill & sending to @POTUS pic.twitter.com/8ypwBebXy7
— Leader McConnell (@senatemajldr) December 10, 2018
“With today’s signature, my provision to legalize industrial hemp is 1 step closer to reality. Looking forward to voting YES on this bill & sending to [President Donald Trump].”
The full text of the final Farm Bill legislation is expected to be publicly released on Tuesday, with votes anticipated in the House and Senate in the coming days.
Photo courtesy of Gage Skidmore.
New York Governor May Include Marijuana Legalization In Budget Proposal Next Month
New York Gov. Andrew Cuomo (D) might just go ahead and include full marijuana legalization in his budget proposal set to come out next month, Crain’s reported on Monday.
Two state lawmakers told the outlet that they’d heard rumors about the governor’s plan, which would build on his recent efforts to put legalization on the table during the next legislative session. Cuomo instructed a working group to draft legalization legislation in August after the state Department of Health came out with a report that found the pros of ending cannabis prohibition outweigh the cons.
If the historically anti-marijuana governor, who as recently as last year was calling cannabis a “gateway drug,” did put legalization in his budget proposal, it’d mean “the state could have a fiscal framework for the program as soon as April,” Crain’s reported.
What exactly that fiscal framework would look like is unclear, and Cuomo’s office declined to comment on the report. It’s possible that the budget would account for the costs of whatever legislation the working group ultimately releases; however, since the bill has yet to be released and the governor’s proposal is expected for January, that might be cutting it close.
In 2014, reform advocates expressed disappointment after Cuomo and leading lawmakers agreed to a budget deal that did not include a medical marijuana legalization bill. Months later, Cuomo signed separate medical cannabis legislation and, in the years since, the governor has grown more amenable to broader reform—especially in the heat of a contentious primary battle against Cynthia Nixon this year.
When the state does go forward with legalization, money is going to be a point of particular interest for lawmakers and advocates, as can already be seen as a debate over a proposal to use cannabis sales tax revenue for public transit in New York City intensified last week.
Photo courtesy of Zack Seward.