Both the New York Senate and Assembly included marijuana legalization language in annual budget legislation released on Tuesday.
But while the Senate recommended certain modifications to the legal cannabis proposal first introduced by Gov. Andrew Cuomo (D), the Assembly’s resolution seemed to approach the issue with less urgency.
That said, the Assembly did stipulate that legalization legislation should “provide for personal cultivation” of marijuana. That stands in contrast to the governor’s proposal, which bans home growing of recreational cannabis in line with the wishes of a New York-based medical cannabis industry association as detailed in a memo that Marijuana Moment obtained through a public records request.
Overall, the language around cannabis policy in the new budget bills is of particular interest to legalization advocates, as the governor has recently said he’s “no longer confident” the idea will make it into final spending legislation that must be signed by an April 1 deadline.
On the Senate side, though, the idea still seems to be alive. The chamber said it “generally supports” legalization and outlined a series of amendments the chamber’s leaders want to be included.
For example, the Senate said legalization legislation should grant the body authority to approve executive appointees to the state’s adult-use regulatory committee. It also wants to reduce criminal penalties for future marijuana offenses, expand expungement provisions and reduce tax rates for retail cannabis sales.
The Senate is also calling for marijuana tax revenue to be allocated to “fund public education, job training, reentry services, drug treatment and prevention programs, community-based supportive services, improvements to the Metropolitan Transportation Authority (MTA) and to expand training for state and local law enforcement to maintain road safety.”
“The Senate will work to make sure that the good-paying jobs in the medical marijuana field will continue to be protected and will flourish as the adult use program is established and expanded,” the resolution states. “The Senate believes that it is critically important that revenue generated from legalization support communities that have been disproportionately impacted by enforcement of prior marijuana policies.”
However, Senate President Andrea Stewart-Cousins (D) said last month “I don’t think [legalization] will be in the budget” that ultimately gets sent to Cuomo’s desk and that the chamber wants “to make sure we get it right.”
Over in the Assembly, meanwhile, a separate budget resolution also lists priorities for cannabis legalization. But the language suggests that its inclusion in the final budget is even less of a given.
Instead, the chamber “proposes to continue discussion with the Executive and the Senate to provide for the regulation of hemp-derived cannabis products, to expand the existing medical cannabis program and to provide for the regulation of cannabis and cannabis products for adult-use.”
“The Assembly supports the establishment of a centralized regulatory approach for the regulation and management of medical, adult-use and hemp-based cannabis and cannabis products through the creation of a regulatory body comprised of legislative and executive appointments, as well as ex-officio agency representation from agencies involved in implementation.”
The chamber also expressed support for reducing criminal penalties for marijuana-related activity, expunging prior cannabis convictions, implementing employment protections for consumers, ensuring that licensing empowers individuals from communities that have been hardest hit by the drug war, developing social equity programs and imposing a “reasonable tax structure” to curb the illicit market.
The “continue discussion” language seems to reflect the Assembly’s strong position on how revenue should be distributed. It “maintains that it is critically important that revenue generated from legalization of cannabis be invested in communities that have been disproportionately impacted by enforcement of prior cannabis policies.”
“Therefore, the Assembly will further continue discussions on how to direct revenue to ensure that funds will be used for: public education; job creation, skills development and training; social justice and reentry services for communities that have been disproportionately impacted by past criminalization of cannabis; substance use disorder services and mental health services; community-based supportive services; expanding training for state and local law enforcement to maintain driver safety; and any other uses deemed necessary and appropriate.”
One difference between the Assembly’s resolution and the Senate and governor’s concerns funding MTA improvements with cannabis tax revenue. Assembly Speaker Carl Heastie (D) has criticized the proposal, as have drug policy reform advocates.
Those issues will have to be resolved soon if legalization is going to make it into the final budget. As lawmakers continue to consult on workable legislation that can garner sufficient support, a deadline looms just over two weeks away.
If it doesn’t make it in the budget, there are a number of standalone bills on the table that would also legalize cannabis for adult use. Lawmakers would have to send a marijuana bill to Cuomo’s desk by June, which is when the current legislative session ends.
Photo courtesy of WeedPornDaily.
DC Activists Have A New Plan To Get Psychedelics Decriminalization On The Ballot Despite Coronavirus
Activists in Washington, D.C. are considering a new strategy to get a measure to decriminalize psychedelics on the November ballot, with the coronavirus outbreak having forced them to suspend in-person signature gathering.
While Decriminalize Nature D.C. hoped that officials would pass emergency legislation allowing the digital collection of signatures, they aren’t actively considering that option. And the District Council’s chairman said he would not simply place the initiative on the ballot for voters to decide regardless of the signature count.
That’s left the group in a challenging position. But they’re not out of ideas yet.
Now the campaign is exploring the possibility of conducting “micro-scale petition signature collection” to make the ballot. The plan would involve having petitions mailed to supporters, who would circulate it and collect signatures from “registered DC voters in their immediate vicinity, such as family, roommates, friends and close-by neighbors” and then return the signed petitions to the campaign headquarters.
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They’ve launched an online survey to determine the feasibility of the option. It asks prospective volunteers to estimate how many signatures they could theoretically collect under that limited scope and provide their mailing information should the campaign decide to move forward with the plan.
This is one of the last remaining options for the 2020 effort, which is working to make a wide range of psychedelics among the district’s lowest law enforcement priorities.
Council Chairman Phil Mendelson (D) said during a press conference on Friday that he “would not say that we’re looking for legislative action to put [the initiative] on the ballot” outside of the conventional process.
Board of Elections Chairman Michael Bennett also took a question about the prospect of allow electronic signature collection. He said his panel is not considering the possibility “at this point.”
Watch the comments below, starting around 22:15:
Decriminalize Nature D.C. is one of numerous groups working to change local and state drug policy laws. And it’s not alone in its struggle amid the current pandemic.
A California campaign to legalize psilocybin mushrooms is struggling and asking for electronic signature gathering to qualify for the ballot.
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.
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. 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.
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.
Marijuana Legalization Left Out Of New York Budget, According To Draft Summary Document
The New York legislature seems poised to eliminate a proposal to legalize marijuana through the budget this year, according to an unverified document outlining the policies included in the spending legislation currently under final negotiations ahead of a vote this week.
The draft budget report, which was shared with Marijuana Moment, includes a line stating that the “Adopted Budget omits the Executive proposal to legalize adult use cannabis.”
It also “eliminates $34.31 million in funding for the Office for Cannabis Management,” a government body that would have been responsible for regulating the marijuana market.
The apparent exclusion of Gov. Andrew Cuomo’s (D) legalization proposal, while disappointing to reform advocates, is not entirely surprising in the context of the coronavirus outbreak. While the governor repeatedly stressed that the policy change should be enacted through the budget, he and top lawmakers have tried to temper expectations in recent weeks as legislative priorities have shifted during the pandemic.
But to some, the draft adopted budget report isn’t necessarily a death knell for the reform move, and they hope lawmakers can still accomplish legalization this year through separate legislation.
“We are disappointed adult use is not in the budget since it would have been a huge economic benefit to New York farmers and small businesses,” Allan Gandelman, president of the NY Cannabis Growers & Processors Association, told Marijuana Moment. “We hope to continue working with the governor and the legislature to get this done as soon as possible.”
The legislature must still vote on the final budget, but there’s little time left to hash out a deal on comprehensive reform ahead of a Wednesday deadline. Sen. Liz Krueger (D) filed a revised standalone legalization bill earlier this month, language of which could have theoretically been inserted into the budget, but it’s not clear that option remains on the table.
Marijuana Moment reached out to Senate and Assembly leadership for comment about the draft budget summary, but representatives were not immediately available. The document, which according to its metadata was last modified on Sunday afternoon, contains highlighted sections for issues that are “still open” for negotiation, but that is not the case for the cannabis items.
This is the second year in a row that Cuomo has pitched legalization as part of his spending plan. Last year, months of negotiation between his office and lawmakers 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.
The governor seemed confident that 2020 would be the year for legal cannabis in New York, and he included the proposal in his State of the State address in January. As recently as 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.
“We will pass a budget and address the policy items that we laid out and we discussed because it’s not just about passing a budget and the numbers,” he said. “There are many policy initiatives that I laid out back in January, and we’re going to pursue all of them.”
“The only caveat was if you have a really complex issue that normally would require weeks of nuanced, detailed negotiation to do it right, that we won’t do. Because I don’t want to pass any bills that are not really intelligent that I then have to come back and deal with again next year,” he continued. “If it’s a highly complex issue, I get it and then let’s put it off because we don’t want to do something sloppy.”
Another part of the governor’s legalization plan originally involved visiting legal cannabis states to learn from their experiences and take lessons back home. However, Cuomo said that trip was also impacted by the COVID-19 outbreak.
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.
Photo courtesy of Philip Steffan.
Senate Housing Bill Would Prevent Evictions For State-Legal Marijuana Extraction
A new congressional bill designed to promote affordable housing in the U.S. includes a provision that would prevent landlords from evicting people over manufacturing marijuana extracts if they have a license to do so.
Under the legislation, filed earlier this month by Sen. Jeff Merkley (D-OR), there’s a list of “just causes for eviction” such as failure to pay rent or causing significant damage to a property.
The “manufacture of a cannabinoid extract” is another cause for eviction, “unless the tenant holds a license to manufacture the cannabinoid extract under Federal, State, or Tribal law.”
Curiously, however, the bill lacks any additional protections for other state-legal cannabis activities, including simple possession. It’s possible that a drafting error is to blame, but Merkley’s office did not respond to Marijuana Moment’s request for comment.
Just above the manufacturing provision is another that states that “the unlawful manufacture, delivery, or possession of a controlled substance” is ground for eviction, though it contains no caveat exempting state-legal activity as cause for eviction.
Despite the growing number of states moving to allow cannabis for medical or recreational use, it remains “unlawful” under the federal Controlled Substances Act.
While advocates would likely applaud the inclusion of state-legal protection language, it’s also the case that eviction proceedings are handled at the state level, and so some courts would presumably defer to state law when it comes to cannabis-related eviction cases.
Also, when it comes to the manufacturing provision, states generally do not provide licenses that would specifically allow individuals to produce marijuana extracts in their residences, so it’s unclear how impactful that policy would be in practice if enacted into law.
Of course, the cannabis provision is just one notable part of a comprehensive housing bill, which aims to “address the shortcomings of our current housing policies and funding levels by holistically addressing disparities and systematic obstacles and ensuring an equitable outcome for the most vulnerable Americans.”
Rep. Alexandria Ocasio-Cortez (D-NY) and Sen. Kamala Harris (D-CA) rolled out a different kind of housing reform bill last year that would protect people with low-level drug convictions from being denied access to or being evicted from public housing.
Photo courtesy of Mike Latimer.