With just days left before the end of the legislative session, efforts to legalize marijuana in New York have been revived, with a possible vote this coming week.
Though momentum to pass a legalization measure seemed to largely die off after lawmakers in neighboring New Jersey announced they wouldn’t move forward with plans to end cannabis prohibition through the legislature, advocates are increasingly optimistic that a deal in the Empire State is imminent.
Democratic members in both the Senate and Assembly held conferences last week to discuss details of the legislation. Spectrum News reported that the meetings went well, with members indicating that there’s support for the measure.
That’s just one of several positive signs that a proposal many observers thought was dead for the year has new life.
On Saturday and Sunday, staff for legislative leaders from both chambers and Gov. Andrew Cuomo (D) met to negotiate provisions of a revised legalization plan.
Source says three way talks on marijuana taking place today in Albany among staff of two legislative leaders and @NYGovCuomo
Final bill expected to be posted Sunday night
— Zack Fink (@ZackFinkNews) June 15, 2019
On Wednesday, an earlier Senate version of the bill was assigned “same as” status in the Assembly version. That means the current proposals in each chamber lined up with identical language and is considered to be an indicator that the legislation could pass.
— Mike Baggerman (@MikeBaggerman) June 14, 2019
Assembly Speaker Carl Heastie (D) said on Friday that his party has yet to determine whether they’ll bring the bill to the floor, but he added that “I think there is support in the conference.”
Assembly Speaker Carl Heastie told reporters his conference hasn't made a decision yet on whether to put a bill legalizing marijuana on the floor for a vote.
"We haven't made a final decision yet, but I think there is support in the conference," he said.
— Jon Campbell (@JonCampbellGAN) June 14, 2019
He also characterized the window of time until the end of the session on Wednesday as “an eternity.”
Assembly Speaker Carl Heastie says there is no final determination on a marijuana legalization bill, but notes there is “an eternity” between now and the end of session on Wednesday.
— Nick Reisman (@NickReisman) June 14, 2019
Cuomo, who said late last month that passing legalization remains a top 10 priority, has said that lawmakers who fail to approve items on his agenda, including ending cannabis prohibition, “should all be primaried, because that is a failure of a basic progressive agenda.”
On the flip side, the chairman of New York’s Democratic Party said earlier this month that if the Senate approves the legalization bill, they run to risk of alienating voters in certain areas such as Long Island and upstate New York. But that argument neglects to account for recent polling that shows voters in those regions strongly support legalization.
Notably, the measure’s most vocal opponents with the anti-legalization Smart Approaches to Marijuana have been sending email blasts in recent days urging their supports to call senators and voice opposition to the bill, giving the impression that the group is anticipating a vote.
Assembly Majority Leader Crystal Peoples-Stokes (D), sponsor of the legalization legislation, seemed to confirm that suspicion on Friday, stating that after “conversations with my co-sponsor and colleague in the Senate, I am even more confident of a path for victory.”
.@CPeoplesStokes on status of marijuana legislation: "After conversations with my co-sponsor and colleague in the Senate, I am even more confident of a path for victory."
— Yancey Roy (@YanceyRoy) June 14, 2019
But despite that confidence, the fate of legalization in New York remains murky. An analysis earlier this month found that legalization was two votes short of a needed majority in the Senate.
Meanwhile, a number of key elected officials are calling on the governor and lawmakers to not only push legalization over the finish line but to include certain key provisions in the final legislation.
State Attorney General Letitia James (D) sent a letter urging that the bill expunge prior cannabis records.
“Before we create a booming business for legal marijuana, we must provide relief to those individuals that have paid much more to society than what was due,” she wrote.
Legalizing marijuana is a racial & criminal justice imperative. If we truly want a more fair system, we must ensure that those who were unjustly harmed be given a clean slate.
That means providing full expungement for those convicted for non-violent marijuana offenses. https://t.co/jt8lEkrnz7
— NY AG James (@NewYorkStateAG) June 16, 2019
New York City Mayor Bill de Blasio (D), a 2020 presidential candidate, also pushed for expungements and said in a Twitter thread that legalization should “empower local business and not big corporations.”
With only a few days left this session in Albany, we have a small window to legalize marijuana the RIGHT way.
— Mayor Bill de Blasio (@NYCMayor) June 16, 2019
We can right the wrongs of the past. We can bring fairness to communities of color. We can empower local business and not big corporations.
We have to keep the focus and bring this home.
— Mayor Bill de Blasio (@NYCMayor) June 16, 2019
And the Manhattan and Albany County district attorneys co-authored an op-ed calling leaders to “correct staggering inequities and promote public safety by passing” legalization.
DA Vance, @AlbanyCountyDA: "In the final days of session, Gov. Cuomo and state legislators must correct staggering inequities and promote public safety by passing the Marijuana Revenue and Taxation Act." #MarijuanaJustice ⚖️ @DrugPolicyOrg https://t.co/ESuMjAR03q
— Cyrus Vance, Jr. (@ManhattanDA) June 14, 2019
The Buffalo News reported on Sunday afternoon that there were still a number of outstanding issues left to be settled between lawmakers, including whether or not home cultivation of cannabis would be allowed, how tax revenue would be allocated and whether localities would have to proactively opt in to allowing marijuana businesses or if there would instead be an opt out provision for those wanting to ban cannabis commerce.
Marijuana Update: Talks continue in Albany at this hour, with one insider describing it’s chances as “50/50.”
At issue is where the revenue from legalization would go.
Source says @NYGovCuomo and legislature disagree on who is most in need.
Others say Cuomo wants his bill only.
— Zack Fink (@ZackFinkNews) June 17, 2019
The session ends on Wednesday, and so far no vote has been scheduled in either chamber.
Meanwhile, lawmakers early on Monday morning filed what appears to be backup legislation to expand the decriminalization of marijuana and to provide a process to expunge or vacate prior cannabis convictions. And others support putting legalization on the ballot through a referendum that voters can decide on.
The situation is very fluid, and over the next few days advocates will be stepping up the push for action in Albany. On Sunday, they held a rally outside Cuomo’s Manhattan office.
How many NY dads have been criminalized & separated from kids bc of broken pot laws?
— VOCAL-NY (@VOCALNewYork) June 16, 2019
This post has been updated to include the latest developments as well as comment from a number of elected officials.
Photo courtesy of Philip Steffan.
New Hampshire Lawmakers Approve Marijuana Legalization Bill
A New Hampshire House committee approved a bill on Tuesday that would legalize marijuana for adult use in the state.
While the legislation doesn’t provide for retail sales, it would allow individuals 21 and older to possess and gift up to three-fourths an ounce of cannabis and grow up to six plants. The model would be similar to neighboring Vermont’s non-commercial cannabis system.
The Criminal Justice and Public Safety Committee advanced the bill in a 13-7 vote.
“I think that the legalization of cannabis is more popular than the legislature itself or the governor or any other political entity in the state of New Hampshire,” Chairman Renny Cushing (D) said prior to the vote. “This is something that the people of the state of New Hampshire want. They don’t want to be treated like they’re criminals if they have a plant.”
Watch New Hampshire lawmakers discuss the marijuana legalization bill below:
This vote comes a week after the panel held a hearing on the proposal, with advocates and stakeholders testifying in favor of the reform move.
“Like most Granite Staters, this committee understands that it’s time for New Hampshire to stop prohibiting cannabis,” Matt Simon, New England political director for the Marijuana Policy Project, said in a press release. “Adults in the ‘Live Free or Die’ state should not be punished for their choice to use a substance that is objectively less harmful than alcohol.”
“Now that New Hampshire is literally surrounded by jurisdictions where cannabis is legal for adults, our current policies can no longer be justified in any way,” he said. “It’s time for the House, Senate and Gov. Chris Sununu to work together and move cannabis policies into the 21st century.”
A floor vote by the full House of Representatives is expected on February 6.
Tax-and-regulate marijuana legislation has advanced in the legislature in prior sessions, but it never arrived on the governor’s desk.
Even if it did make it that far, however, it’s unclear if Sununu, a Republican, would sign it. He’s voiced opposition to commercial legalization, and he vetoed a bill last year that would’ve allowed medical cannabis patients to cultivate their own marijuana, raising questions about whether he’d be willing to support this latest measure extending that right to all adults over 21.
In any case, the New Hampshire development comes amid a flurry of legislative activity around cannabis in the Northeast.
New York Gov. Andrew Cuomo (D) included legalization in his budget last week, as did Rhode Island’s governor, who pitched a state-run cannabis model in her plan. In New Jersey, the legislature approved a referendum to put the question of recreational legalization before voters during the November election. Top lawmakers in Connecticut are also confident that marijuana reform will advance this year. In Vermont, advocates are hopeful that lawmakers will add a legal sales component to the state’s current noncommercial cannabis law.
Photo courtesy of Philip Steffan.
AOC Says Colorado Is Doing A ‘Great Job’ With Marijuana Legalization
Rep. Alexandria Ocasio-Cortez (D-NY) says Colorado is an example of a state that’s effectively taxing and regulating marijuana.
At a town hall event in Iowa on Saturday, the congresswoman, who serves as a surrogate for Sen. Bernie Sanders’s (I-VT) presidential campaign, was asked if revenue from legal sales of cannabis and other drugs would be used to fund the senator’s Medicare for All proposal.
While she said the economic benefits of legalization are secondary concerns, she acknowledged that “Colorado is doing a great job of taxing it to fund schools.”
That said, funding large programs such as universal health care would require a diverse financing strategy, Ocasio-Cortez said.
“In terms of financing, I think the financing for our health care program would potentially come from different sources,” she said. “Senator Sanders has outlined how he would pay for Medicare for All.”
“I would just say the financing is a different question,” she said. “But when it comes to decriminalization and legalization, I know that the senator believes in the legalization of marijuana and, frankly, having that part of a decarceral approach” to the criminal justice system.
Listen to the conversation below, starting around 1:45:
“We need to not only have a conversation about decriminalization and a conversation about legalization, but we need to have a conversation about the harm done during the war on drugs,” she said in comments that were first flagged by The Washington Post’s Dave Weigel.
First actual Q for AOC as a Sanders surrogate: Would she legalize drugs to pay for M4A?
"The funding is going to come from a lot of sources," she says, clarifying that Sanders supports legalizing only marijuana and is focused on ending war on drugs.
— Dave Weigel (@daveweigel) January 25, 2020
“It exacerbated the racial wealth gap in America as well,” she said. “But not only that, it tore apart communities, it tore apart families and it was an explicit targeting of black and brown communities that dates back to the Nixon administration.”
“On one hand it’s an economic issue, but much deeper, it’s a justice issue. This is an issue of justice, this is an issue of mass incarceration. The United States has historically incarcerated more people per capita than any other country in the world. We need to live up to our values about what ‘Land of the Free’ means and transitioning to that means dismantling the system of mass incarceration. That’s an incredibly important part of this agenda.”
While Sanders has been a long-standing champion of cannabis reform, his views on broader drug policy proposals diverge from those of his surrogate, who believes that possession of all currently illicit drugs should be decriminalized and federal laws around psychedelics should be loosened to promote research.
Despite being widely regarded as the most progressive candidates in the race, both Sanders and Sen. Elizabeth Warren (D-MA) have so far declined to back comprehensive decriminalization for simple drug possession, a policy changed favored by former South Bend, Indiana Mayor Pete Buttigieg.
Rep. Tulsi Gabbard (D-HI), another 2020 contender, recently said that she’s in favor of legalizing and regulating controlled substances.
Photo courtesy of C-SPAN.
USDA Approves Hemp Plans For Texas, Nebraska And Delaware
The U.S. Department of Agriculture (USDA) announced on Monday that it has approved hemp regulatory plans for three more states and four additional Indian tribes.
This is the latest in a series of approvals that USDA has doled out since the crop and its derivatives were federally legalized under the 2018 Farm Bill. Texas, Nebraska and Delaware—in addition to the Colorado River Indian Tribes, the Fort Belknap Indian Community, the Iowa Tribe of Kansas and Nebraska and the Yurok Tribe—each had their regulatory plans cleared.
“USDA continues to receive and review hemp production plans from states and Indian tribes on an ongoing basis,” the department said in a notice. “Plans previously approved include those for the states of Louisiana, New Jersey, and Ohio, and the Flandreau Santee Sioux, Santa Rosa Cahuilla, and La Jolla Band of Luiseno Indian Tribes.”
While hemp is no longer a federally controlled substance, farmers interested in cultivating and selling the crop must live in a jurisdiction where USDA has approved a proposed regulatory scheme. The process was outlined in an interim final rule USDA published late last year. If a state or tribe does not have, or plan to propose, regulations for hemp, cultivators can apply for a USDA license instead.
“This is a victory for Texas farmers,” Texas Agriculture Commissioner Sid Miller said in a statement. “We are one step closer to giving our ag producers access to this exciting new crop opportunity.”
“We’ve got to get our rules approved and get our licensing program up and running, but the dominoes are dropping pretty quick,” he said. “We’re almost there.”
Heather Fazio, director of Texans for Responsible Marijuana Policy, told Marijuana Moment that “Texas has the potential to be the largest supplier of hemp in the U.S., providing farmers with an unprecedented opportunity.”
“With approval from the USDA and the Texas Department of Agriculture already moving forward with establishing licensing standards, it’s refreshing to see our government paving the way for legal cannabis cultivation in Texas,” Fazio said.
While lawmakers and industry stakeholders have widely celebrated USDA’s commitment to implementing hemp legalization, it has also received a significant amount of pushback over proposed rules such as THC limits and laboratory testing requirements. A public comment period for the department’s interim rule ends on Wednesday.
USDA maintains a website that tracks the status of state and tribal hemp plans.
Monday’s announcement sends another signal to the hemp industry that the federal government is committed to supporting the market and ensuring that farmers have the resources they need to see their businesses thrive since the crop was legalized.
That said, one of the most lucrative market opportunities that hemp farmers are hoping to take advantage of is the widespread interest in hemp-derived CBD products. The Food and Drug Administration (FDA) has jurisdiction over rules for marketing CBD, and the agency has made clear that the process may take several years without congressional action.
Earlier this month, a bipartisan coalition of lawmakers set out to do just that, filing a bill that would require FDA to allow CBD products to be sold as dietary supplements.
Photo courtesy of Brendan Cleak.