Former New York City Mayor Michael Bloomberg launched a late bid for the 2020 Democratic presidential nomination on November 24, 2019 and dropped out of the race on March 4, 2020.
The billionaire candidate, who runs the news and financial data company Bloomberg LP, is making the case that he’s best positioned to defeat President Trump in the 2020 election. Bloomberg has a long history of speaking out against marijuana law reform, and his record on discriminatory policing tactics as mayor has given advocates pause about his candidacy.
Bloomberg not only opposes legalization—putting him in a category of current candidates that includes only former Vice President Joe Biden—but called the policy change the “stupidest thing anybody has ever done.”
Since launching his presidential candidacy, however, Bloomberg has embraced decriminalization of cannabis possession and said that states should be able to set their own laws without federal interference.
Here’s a closer look at where the former mayor stands on drug policy.
This piece was last updated on March 6, 2020 to include the candidate’s statements and policy actions on marijuana since joining the race.
Legislation And Policy Actions
Bloomberg served three terms as mayor of New York City, beginning in 2002. While he changed parties throughout that time, one consistent factor under his administration was a high level of arrests for marijuana possession.
From 2002 to 2012, the NYPD made about 440,000 arrests for cannabis possession alone, collectively spending about one million hours processing those cases, according to a report from the Drug Policy Alliance (DPA). Overall, there were more marijuana arrests under Bloomberg than under the mayorships of Ed Koch, David Dinkins and Rudy Giuliani combined.
DPA paid particularly close attention to cannabis policy under Bloomberg, releasing reports year-over-year on arrest data, which peaked in 2011 despite the state having decriminalized low-level possession in the 1970s. The group also highlighted consistent racial disparities in cannabis arrests in the city.
The high volume of arrests prompted City Council members and activists to rally outside of Bloomberg’s home in 2011, demanding an end to the aggressive enforcement.
Bloomberg came out against a 2011 state bill, introduced by then-Assemblyman Hakeem Jeffries (D) and Sen. Mark Grisanti (R), that sought to make possession of 25 grams or less of cannabis punishable by a court summons and fine rather than jail time.
“This would encourage smoking in the streets and in our parks, reversing successful efforts to clean up neighborhoods and eliminate the open-air drug markets like we used to find in Washington Square Park,” a mayoral aide told The New York Times. “Hot-spot policing that focuses on the most violent neighborhoods has led to dramatic reductions in violent crime. Marijuana arrests can be an effective tool for suppressing the expansion of street-level drug markets and the corresponding violence.”
The aide also said that concerns about the impact of a possession conviction on a young person’s record are overblown.
“They are not saddled with criminal records because those records are sealed,” he said, adding that there are restrictions on what employers can ask about prior convictions.
The next year, Bloomberg voiced support for a modest reform proposal that called for an end to arrests of people for possessing cannabis in public view, which advocates argued often stemmed from unlawful searches. The measure faced resistance from Senate Republicans, however.
During his State Of the City address in 2013, the mayor said he supported New York Gov. Andrew Cuomo’s (D) proposal to make cannabis possession a violation rather than a misdemeanor.
“We know that there’s more we can do to keep New Yorkers, particularly young men, from ending up with a criminal record,” he said.
He also said the city “won’t wait for that to happen” and announced that people arrested for low-level possession in New York City would no longer be held overnight if they presented an ID and passed a warrant check.
“It’s consistent with the law, it’s the right thing to do and it will allow us to target police resources where they’re needed most,” he said.
Throughout Bloomberg’s terms, he faced sharp criticism over the police department’s widespread use of a controversial stop-and-frisk policy, whereby officers frequently detained people—the majority of cases involving people of color—and searched them. Weapons were rarely produced in these searches.
In 2013, the mayor vetoed two policing reform bills that were meant to cut down on police misconduct and rein in instances of stop-and-frisk. The first gave the inspector general subpoena power to study policing encounters and make policy recommendations, and the other allowed state courts to take up claims of “bias-based policing” and broadened the scope of offenses that could be litigated.
“Some of these things are life and death issues, like these two horrendous bills in the City Council and they’re going to put our police officers at risk and they’re going to put the public at risk and I’ve got an obligation to tell people that,” the mayor argued.
The City Council later overrode Bloomberg’s actions, however.
Before local lawmakers stepped in, Bloomberg ignited controversy after doubling down on his opposition to the reform proposals by stating, “I think we disproportionately stop whites too much and minorities too little. It’s exactly the reverse of what they say.”
Yes, he said it! This is Bloomberg defending his racist stop-and-frisk. When I posted this quote the other day some commenters couldn’t believe he said it. This is a video-as-proof culture. Well, here’s your video… pic.twitter.com/MdBdrcs4DY
— Charles M. Blow (@CharlesMBlow) November 26, 2019
On The Campaign Trail
In February, Bloomberg released a criminal justice plan that includes decriminalizing marijuana, commuting sentences and expunging records—but does not include legalizing cannabis. It says that decisions on cannabis laws should be left to states “for the moment” and that “further scientific study is required to assess the health effects of marijuana.”
During a debate that same month, the former mayor expressed concerns about legalizing cannabis, saying that “you should listen to the scientists and the doctors. They say go very slowly, they haven’t done enough research and the evidence so far is worrisome. Before we get all our kids—particularly kids in their late teens, boys even more than girls—where this may be damaging their brains, until we know the science, it’s just nonsensical to push ahead.”
But also he voiced support for expunging records and letting states set their own laws, adding that “we should not make this a criminal thing if you have a small amount. For dealers, yes. But for the average person, no.”
Asked in February whether his previous declaration that legalizing marijuana is “perhaps the stupidest thing anybody has ever done” meant that he thought voters in Colorado were dumb for approving it, the candidate said what’s “really dumb” is “putting people in jail for marijuana.”
The prior month, a top staffer for prohibitionist group Smart Approaches to Marijuana stepped down to go work for Bloomberg’s campaign.
In a March interview, the former mayor discussed his past marijuana use and said he would support changing federal cannabis laws while also raising concerns that legalization could increase domestic violence and would mean letting “young people ruin their future.”
He told the Colorado Sun that “the science on marijuana urges a ‘go slow’ approach until there is better medical evidence of its health effects.”
Asked by Americas Quarterly about what it would mean for other countries to legalize marijuana, Bloomberg said he “will work with our partners to combat all illicit trade – including marijuana and other drugs smuggled into the U.S. No one should be arrested for possessing a small amount of marijuana. Possession of small amounts should be decriminalized. And I won’t interfere with states that have legalized it.”
It was in December 2019, that Bloomberg first broke with his prior opposition to even modest cannabis reform and backed decriminalizing marijuana and allowing states to set their own policies.
Previous Quotes And Social Media Posts
Bloomberg has made it patently clear that he’s no fan marijuana legalization, repeatedly making dismissive comments about both the policy and cannabis consumers themselves.
The former mayor didn’t hold back during a speech before the Aspen Institute in 2015, when he called marijuana legalization “a terrible, terrible idea” and suggested that cannabis use is associated with reduced IQ.
But another part of that speech would later come back to haunt him after he entered the presidential race in particular. The recording also showed Bloomberg justifying controversial police tactics and defending the practice, as well as racially disparate marijuana arrests, by arguing that 95 percent of murderers and murder victims are black.
He was widely criticized for the comments when recording of the speech resurfaced, and he was pressed on it during a presidential debate.
Share this far and wide. Unless the mainstream media picks it up, it will be isolated to twitter. pic.twitter.com/Fm0YCi4ZRy
— Benjamin Dixon (@BenjaminPDixon) February 11, 2020
In January 2019, as most candidates were gearing up to propose bold drug policy reform plans, the former mayor said that rising rates of drug overdose deaths, which were primarily linked to opioids, demonstrated why marijuana shouldn’t be legal.
“Today incidentally, we are trying to legalize another addictive narcotic,” he said, referring to cannabis, “which is perhaps the stupidest thing anybody has ever done. We’ve got to fight that, and that’s another thing that Bloomberg Philanthropies will work on it in public health.”
While speaking at Annapolis, former New York Mayor Michael Bloomberg also blasted efforts to legalize marijuana, calling it "perhaps the stupidest thing we’ve ever done." pic.twitter.com/dN5sdJdYBt
— DJ Judd (@DJJudd) January 23, 2019
He made similar comments the week prior during a speech at the University of Toronto, arguing that ending prohibition at the national and local levels “doesn’t make any sense at all.”
“To go and encourage people—to make it easier for people to engage in a behavior that has a significant possibility of damaging people’s health—is just nonsensical,” he said. “This mad, passionate rush to let everybody do things without any research just isn’t something we would do in any other way.”
Also in 2019, Bloomberg shamed a father and son who passed away from an opioid overdose, calling them “not a good family” during a speech at a forum in Manhattan.
He went on to voice opposition to the marijuana legalization movement.
“And then we are going hellbent for whether in this country to legalize marijuana, another addictive drug, where we’ve never done the research to what it does to people,” he said. “Maybe, in the end, it’s going to turn out that it doesn’t hurt, but preliminary evidence shows it reduces a teenage user of marijuana’s IQ by 10 points and it doesn’t come back.”
Bloomberg said in 2013 that he doesn’t support cannabis legalization because THC potency has increased and because he thinks drug dealers would simply move on to selling other illicit products such as cocaine.
Three days before a 2013 New York state legislature vote to allow medical cannabis for individuals suffering from debilitating medical conditions such as cancer, HIV/AIDS and multiple sclerosis, Bloomberg made dismissive comments about marijuana’s therapeutic value.
“Yeah, right, medical, my foot,” he said. “Come on. There’s no medical—this is one of the great hoaxes of all times.”
He said in 2002 that the problem with legalizing cannabis for medical purposes is that it represents a “slippery slope” and that “using drugs is probably a terrible idea, from where it goes, and I am very much in favor of enforcing laws on the books.”
“I do not think that decriminalizing marijuana is a good idea,” he said.
”I’ve always thought if we don’t want to enforce laws on the books, we should remove them from the books. But when you have laws, you breed contempt if you don’t enforce them,” he said. ”And I’ve listened to a lot of people over the years discuss the decriminalization of some narcotics, particularly marijuana, and on balance, I would side with those that think it’s a bad idea.”
Bloomberg revealed the extent of his hostility to drugs in 2012 when he seemed to sympathize with Singapore’s use of the death penalty against people who sell drugs.
“In lots of places in the Far East, they have signs up, ‘Death to drug dealers,'” he said. “Think about the number of people who die from drug use here in this country. And yet we don’t take it seriously enough to dissuade people… Executing a handful of people saves thousands and thousands of lives.”
He added that he wasn’t necessarily endorsing extrajudicial killings of drug traffickers because such policies “don’t fit our definition of democracy.”
“I’m not suggesting we go kill ’em. But when you talk to people overseas, they can’t understand why we allow people to deal in drugs [that] are killing people,” he said. “The focus that they do have on protecting their people is something that we should think long and hard about.”
He also voiced skepticism about ending prohibition in that interview, stating that it’s “intriguing, but I don’t quite think I’ve ever quite gotten there, to support the legalization of drugs.”
In 2015, the former mayor peddled a debunked theory about cannabis use decreasing people’s IQ.
“What are we going to say in 10 years when we see all these kids whose IQs are 5 and 10 points lower than they would have been?” he said of efforts to legalize marijuana. “I couldn’t feel more strongly about it, and my girlfriend says it’s no different than alcohol. It is different than alcohol. This is one of the stupider things that’s happening across our country.”
On his support for stop-and-frisk policing, Bloomberg had been largely unapologetic up until just before launching his presidential bid. After a federal court ruled in 2013 that the policy was discriminatory and mandated a change, the then-mayor held a press conference where he defended the tactic, arguing that it’s “saved lives” and helped reduce incarceration rates.
“We are the poster child that everybody wants to follow,” he said, adding that police “go to where the reports of crime are” and those places “unfortunately happen to be poor neighborhoods and minority neighborhoods.”
Bloomberg apologized for the discriminatory policy days before announcing his candidacy for president.
“I can’t change history,” Bloomberg said. “However today, I want you to know that I realize back then I was wrong.”
Recently, the billionaire has invested his resources into another battle that’s generated pushback from reform advocates. He’s taken a strong stance in favor of bans on flavored vaping products—a position that advocates worry will encourage more people to obtain potentially dangerous products from the illicit market and also risk having former cigarette smokers return to the combustable form.
— Mike Bloomberg (@MikeBloomberg) November 18, 2019
“Ten weeks ago, President Trump said he would ban flavored e-cigarettes that are causing an e-cigarette epidemic among children,” Bloomberg said in November 2019. “Today we learned that he walked away from his commitment and caved to tobacco lobbyists. American families deserve better. If President Trump won’t take steps to protect our children, then we need someone in the office who will.”
Personal Experience With Marijuana
While it may come as a surprise given his record on marijuana criminalization and dismissive comments about consumers, Bloomberg is among the many Americans who have tried cannabis.
One year before launching his mayoral bid, Bloomberg was asked by New York Magazine whether he’s used marijuana and he responded, “You bet I did—and I enjoyed it.” The comment was used in an advertisement that the advocacy group NORML later took out in The New York Times and on buses.
He said in 2002 that he regretted making the comment, even though he acknowledged that “what I said back then was the truth.”
”In terms of, I had, certainly when I was younger, as I suppose most people in my generation, experimented. I never lie, so if somebody asked me a question, I told them,” he said. “Do I, in retrospect, wish I didn’t say it that day so they couldn’t quote it? Of course.”
Marijuana Under A Bloomberg Presidency
At a time when marijuana reform has become a bipartisan issue that’s advancing even in Congress, when all but one other Democratic candidate backs broad legalization and when a majority of states have legalized cannabis in one form or another, Bloomberg stands out as a vocal opponent of the reform movement.
And unlike Biden, who helped write some of the punitive anti-drug laws that advocates have worked for decades to reform and remains opposed to adult-use legalization, Bloomberg has so far given no indication that he’s evolved on the issue to back even modest reforms. While it’s possible that the candidate will be encouraged to lay out an updated position as the topic is raised on the campaign trail, it does not seem likely at this point that he would support efforts to change federal marijuana laws and may in fact obstruct such efforts if elected to the Oval Office.
Top Rhode Island Lawmakers Signal That Marijuana Legalization Deal Is Close, With Key Issues Being Agreed Upon
A deal on a bill to legalize marijuana in Rhode Island is finally coming together, legislative leaders said this week.
While there are still certain outstanding issues to resolve such as which agency should be tasked with regulating the market, lawmakers have made significant progress and have reached compromises on a number of topics, Sen. Josh Miller (D), sponsor of one legalization proposal, said during a panel hosted by Johnson & Wales University.
Miller warned that he couldn’t be especially specific on details given that negotiations are ongoing, but he expressed optimism that legislators are nearing an agreement.
One issue that’s nearing consensus concerns the number of marijuana business licenses that could be authorized. Miller’s bill, which was approved by the Senate earlier this year, proposed as many as 150 cannabis shops, whereas Gov. Dan McKee’s (D) plan called for 25 and Rep. Scott Slater (D) wanted just 15 in his separate House bill.
The senator said that “we’re probably down to more in the 30, 40 range.”
Expungements is another issue that’s being sorted out. There’s agreement that the social justice component should be included in whatever legislation ultimately passes, but Miller explained that there are some challenges when it comes to processing.
For example, conviction records for possession don’t always specify the amounts, which could complicate any automated expungement procedure to clear the records of people with convictions for offenses made legal under the reform.
“What we’re trying to do is create a mechanism to give the attorney general or the court system a time component—maybe 90 days—to find a quantity component that would disqualify them,” the senator said.
Negotiators have also reached an agreement to place a temporary moratorium on approving additional cannabis cultivator licenses. Some have protested adding cultivators beyond the existing medical marijuana licensees because they say there’s already a sufficient supply to meet demand in the adult-use market.
These are all positive developments that signal a forthcoming deal, but the sponsor said that negotiators still need to figure out which body should be charged with regulating the adult-use market.
Some like Miller want to set up an independent cannabis commission, whereas others feel the recreational market should be overseen by the state Department of Business Regulation (DBR), which currently regulates Rhode Island’s medical marijuana program.
According to WPRI-TV, whose reporter Steph Machado also participated in Tuesday’s panel, negotiators are leaning toward a hybrid model, with responsibilities being divided by DBR and a separate commission.
House Speaker Joe Shekarchi (D) would be open to a compromise, a spokesperson for the leader told the TV station. Lawmakers have been reviewing regulatory models in Connecticut, Massachusetts and New York.
A spokesperson for McKee said that “the governor supports recreational cannabis and his team has been actively working with our partners in the General Assembly on a bill that is equitable and benefits Rhode Island. The conversations are ongoing and we are hopeful that an agreement can be reached.”
Senate President Dominick Ruggerio (D), for his part, said last month that lawmakers are “very close” to reaching a deal on a marijuana legalization bill that could be taken up during a special session this fall.
“We sent legislation—which we think is a very good piece of legislation—over to the House before we left in June,” the senator said, referring to a legalization bill that his chamber approved in June. “They are working on that legislation with some of the House people at this point in time.”
The prospects of holding a special session could be bolstered if the legislature decides to take up separate legislation dealing federal with coronavirus relief, Miller said during Wednesday’s panel.
What remains to be seen is whether the negotiated legalization bill that’s ultimately produced will satisfy advocates and progressive lawmakers, some of whom have rallied behind an agenda for reform that emphasizes the need for bold social equity provisions.
While each of the competing bills contain components meant to address the harms of marijuana criminalization, the coalition led by Reclaim Rhode Island says they’re insufficient. Advocates and supportive lawmakers have laid out specific items that they want to see incorporated such as setting aside half of cannabis business licenses for communities most impacted by prohibition.
“We can’t reverse the harm of the war on drugs, but we can start to repair it by passing automatic expungement and waiving all related fines, fees and court debt,” Rep. Karen Alzate (D), chair of the Rhode Island Legislative Black and Latino Caucus, said last month. “This bold legalization plan offers us the chance to turn a new leaf for the Ocean State, and it’s time we take it.”
Ruggerio, for his part, said he does feel that the legalization bill that was approved in the Senate contained “very strong social justice provisions” and the expungements provision is “as close to automatic as practical.”
Reclaim Rhode Island isn’t the only group pushing lawmakers to expeditiously work to pass legalization. It’s part of a coalition of 10 civil rights and drug policy reform advocacy groups—including the Rhode Island chapters of the ACLU and NAACP—that recently demanded that lawmakers move ahead with enacting marijuana reform in the state before the end of 2021.
Shekarchi said in July that while there’s not yet a consensus among legislators and the governor on a deal to legalize marijuana, it’s still a “workable” issue and would be prioritized if negotiations succeed this summer and a special session is convened this fall.
Slater recently told Marijuana Moment that “things are still where they were” prior to the end of session—but lawmakers are “trying to figure out a reconciliation between my bill, the Senate’s and the governor’s.”
Meetings over the summer had been “mostly informal,” the representative said. “I think we can get there before next year. It will not be perfect, and I am sure a work in progress.”
Ruggerio said in July that he’s not disappointed the House hasn’t advanced legalization legislation yet and that “what we really wanted to do was send it over and have them take a look at it” when his chamber passed its cannabis reform measure.
Shekarchi, for his part, previously said that he feels reform is “inevitable.”
Senate Majority Leader Mike McCaffrey (D) was also recently asked about provisions related to allowing local municipalities to opt out of allowing marijuana businesses to operate in their area. He said “once the legislation is passed and whatever form is passed in, the communities have an opportunity to opt out.”
“They have an opportunity to opt out if the community doesn’t want to participate in it,” he said. “That’s their decision—however, they don’t get the funds that would come from the sales in that community.”
The majority leader also noted that neighboring states like Connecticut and Massachusetts have enacted legalization, and that adds impetus for the legislature to pursue reform in the state.
Shekarchi, meanwhile, said in July that he doesn’t intend to let regional pressure dictate the timeline for when Rhode Island enacts a policy change. Social equity, licensing fees, labor agreements and home grow provisions are among the outstanding matters that need to be addressed, the speaker said.
The House Finance Committee held a hearing on Slater’s legalization measure in June.
The governor previously told reporters that while he backs legalization it is “not like one of my highest priorities,” adding that “we’re not in a race with Connecticut or Massachusetts on this issue.”
“I think we need to get it right,” he said, pointing to ongoing discussions with the House and Senate.
The House Finance Committee discussed the governor’s proposal to end prohibition at an earlier hearing in April.
Both the governor and the leaders’ legalization plans are notably different than the proposal that former Gov. Gina Raimondo (D) had included in her budget last year. Prior to leaving office to join the Biden administration as commerce secretary, she called for legalization through a state-run model.
McKee gave initial insights into his perspective on the reform in January, saying that “it’s time that [legalization] happens” and that he’s “more leaning towards an entrepreneurial strategy there to let that roll that way.”
Shekarchi, meanwhile, has said he’s “absolutely” open to the idea of cannabis legalization and also leans toward privatization.
Late last year, the Senate Finance Committee began preliminary consideration of legalization in preparation for the 2021 session, with lawmakers generally accepting the reform as an inevitability. “I certainly do think we’ll act on the issue, whether it’s more private or more state,” Sen. Ryan Pearson (D), who now serves as the panel’s chairman, said at the time.
Meanwhile, the governor in July signed a historic bill to allow safe consumption sites where people could use illicit drugs under medical supervision and receive resources to enter treatment. Harm reduction advocates say this would prevent overdose deaths and help de-stigmatize substance misuse. Rhode Island is the first state to allow the facilities.
The Senate Judiciary Committee also held a hearing in March on legislation that would end criminal penalties for possessing small amounts of drugs and replace them with a $100 fine.
Photo courtesy of WeedPornDaily.
New York Regulators Move To Let Medical Cannabis Patients Grow Their Own And Give Marijuana Expungements Update
New York marijuana regulators are finally moving to allow medical cannabis patients in the state to grow plants for personal use, and they’ve provided an update on progress toward expunging prior marijuana conviction records.
At their second meeting on Thursday, New York’s Cannabis Control Board (CCB) voted unanimously to file the proposed regulations, which would allow qualified patients to cultivate up to six plants—indoors or outdoors—for their own therapeutic use.
There will be a 60-day public comment period after the rules are published. Then the board will review those comments, make any necessary revisions and officially file the regulations to take effect.
“We are proud to present those proposed regulations,” former Assemblywoman Tremaine Wright (D), who chairs CCB, said. “The home cultivation of medical cannabis will provide certified patients with a cost-effective means of obtaining cannabis through personal cultivation while creating a set of standards governing the conduct and activities relating to the personal cultivation of cannabis.”
A slide presented by the board states that the rules would impose “a duty on patients to take reasonable measures to ensure that cannabis plants, and any cannabis cultivated from such plants, is not readily accessible to anyone under the age of 21.”
Caregivers for patients under 21 “whose physical or cognitive impairments prevent them from cultivating cannabis” could also grow up to six plants on their behalf. For caregivers with more than one patient, they can “cultivate 1 additional cannabis plant for each subsequent patient.”
Landlords would have the option of prohibiting tenants from growing marijuana on their properties. Cannabis products could not be processed using any liquid or gas, other than alcohol, that has a flashpoint below 100 degrees.
Rules for home cultivation for patients were supposed to be released earlier, but officials failed to meet the legislatively mandated deadline. Recreational consumers, meanwhile, won’t be able to grow their own marijuana until after adult-use sales begin, which isn’t expected for months.
Prior to signing legalization into law—and before resigning amid a sexual harassment scandal this year—then-Gov. Andrew Cuomo (D) put forth a reform plan that proposed maintaining a ban on home cultivation.
In 2019, Marijuana Moment obtained documents showing that a New York-based marijuana business association led by the executives of the state’s major licensed medical cannabis providers had previously sent a policy statement to Cuomo’s office arguing against allowing patients to grow their own medicine.
At the meeting on Thursday, the Office of Cannabis Management also provided an update on efforts to expunge cannabis records.
There have been 45 expungements for cases related to marijuana possession, though most remain “under custody or supervision for additional crimes,” another slide reads.
“Approximately 203,000 marijuana related charges are presently being suppressed from background searches and in process to be sealed or expunged,” it continues. “This will add to the approximately 198,000 sealing accomplished as part of the first round of marijuana expungements for the 2019 expungement legislation.”
At their first meeting earlier this month, CCB announced that medical marijuana dispensaries will now be allowed to sell flower cannabis products to qualified patients. The $50 registration fee for patients and caregivers is also being permanently waived.
Members of the board, who were recently appointed by the governor and legislative leaders, also discussed ethical considerations for regulators, approved key staff hires and talked about next steps for the panel.
Gov. Kathy Hochul (D), who replaced Cuomo, has repeatedly emphasized her interest in efficiently implementing the legalization law that was signed in March.
At a recent event, she touted the fact that she had quickly made regulatory appointments that had been delayed under her predecessor. “I believe there’s thousands and thousands of jobs” that could be created in the new industry, the governor said.
CCB is responsible for overseeing the independent Office of Cannabis Management within the New York State Liquor Authority, which is also responsible for regulating the state’s medical marijuana and hemp industries.
As it stands, adults 21 and older can possess up to three ounces of cannabis or 24 grams of concentrates in New York—and they can also smoke marijuana in public anywhere tobacco can be smoked—but there aren’t any shops open for business yet.
The state Department of Labor separately announced in new guidance that New York employers are no longer allowed to drug test most workers for marijuana.
The first licensed recreational marijuana retailers in New York may actually be located on Indian territory, with one tribe officially opening applications for prospective licensees earlier this month.
In July, a New York senator filed a bill to create a provisional marijuana licensing category so that farmers could begin cultivating and selling cannabis ahead of the formal rollout of the adult-use program. The bill has been referred to the Senate Rules Committee.
Because the implementation process has been drawn out, however, one GOP senator wants to give local jurisdictions another year to decide whether they will opt out of allowing marijuana businesses to operate in their area—a proposal that advocates say is unnecessary and would create undue complications for the industry.
Under the law as enacted, municipalities must determine whether they will opt out of permitting marijuana retailers or social consumption sites by December 31, 2021. Sen. George Borrello (R) introduced legislation earlier this month that would push that deadline back one year.
Legalization activists aren’t buying the argument, however.
Adding pressure to get the market up and running is the fact that regulators in neighboring New Jersey recently released rules for its adult-use marijuana program, which is being implemented after voters approved a legalization referendum last year.
For the first year of cannabis sales, the state is expected to see just $20 million in tax and fee collections. That will be part of an estimated $26.7 billion in new revenues that New York is expected to generate in fiscal year 2021-2022 under a budget that the legislature passed in April.
Meanwhile, a New York lawmaker introduced a bill in June that would require the state to establish an institute to research the therapeutic potential of psychedelics.
Photo courtesy of Max Pixel.
Activists Push D.C. Lawmakers To Decriminalize Drugs And Promote Harm Reduction With New Campaign
Activists in Washington, D.C. on Thursday launched a new campaign to urge local lawmakers to broadly decriminalize drugs, with a focus on expanding treatment resources and harm reduction services.
DecrimPovertyDC—a coalition of advocacy groups like the Drug Policy Alliance (DPA) and Students for Sensible Drug Policy—will be imploring the District Council to take up the cause, and members have already met with the offices of each legislator and have gotten a generally positive reception.
Today, @DrugPolicyOrg, @HIPS, @Defund_MPD & over 40 civil rights, justice reform, public health, & faith groups join forces to launch the #DecrimPovertyDC campaign. We are urging for @councilofdc to treat drug use like a public health issue. Learn more: https://t.co/KFXc7su9Pu pic.twitter.com/TwWACpAsUU
— #DecrimPovertyDC (@decrimpovertydc) October 21, 2021
“Through ongoing advocacy, we aim to replace carceral systems with harm reduction-oriented systems of care that promote the dignity, autonomy, and health of people who use drugs, sex workers, and other criminalized populations,” the campaign site says.
People of color are disproportionately impacted by drug criminalization, and the group said the impact “extends far beyond the criminal legal system, as people face an array of punishments in employment, housing, education, immigration, child welfare, and public benefits—all of which can trap people in poverty.”
An outline of the legislative proposal starts with drug decriminalization. People who possess small amounts of controlled substances would face no criminal or civil penalties. An independent commission would decide what the possession limit should be, and those who possess more than that amount would face a $50 fine, which could be waived if the person completes a health assessment.
Further, the mayor would be required to establish a harm reduction center where people could receive treatment resources and access sterile needles. The legislation allows for the creation of a safe consumption site within the center where people could use illicit drugs in a medically supervised environment.
That could prove challenging, however, as the U.S. Supreme Court recently rejected a request to hear a case on the legality of establishing safe injection sites where people can use illicit drugs in a medically supervised environment. An attempt to create such a facility in Philadelphia was blocked under the Trump administration and is now pending further action in a lower federal court.
The D.C. initiative, which is also being supported by AIDS United, Defund MPD, Honoring Individual Power and Strength (HIPS) and dozens of other groups, would also make it so the health department would need to provide a drug testing service so people could screen products for contaminants or other hazardous compounds.
In 2020, 511 people fatally overdosed in the District; over 94,000 people died from accidental overdose nationally. We are in a state of emergency directly caused by criminalization and other inhumane drug policies. #DecrimPovertyDC pic.twitter.com/9stWKb1nYG
— #DecrimPovertyDC (@decrimpovertydc) October 21, 2021
Another provision activists are pushing for would work to repair the harms of criminalization, in part by requiring the courts to “identify and vacate convictions for offenses decriminalized by this bill.” They would also need to find and vacate cases related to drug paraphernalia, which was decriminalized last year under separate legislation.
Queen Adesuyi, policy manager of national affairs at DPA, told Marijuana Moment that the campaign’s branding and scope is “intentionally broad to address poverty more generally, because in D.C. the drug war does disproportionately impact under-resourced communities in addition to black communities.”
“We wanted to build out our campaign to paint the full picture of the drug war’s harms locally in the District,” she said, adding that the coalition will be poised to “support other efforts that are also working to minimize state-based harm against vulnerable communities in D.C.”
At this point, the drug decriminalization measure has not been introduced in the D.C. Council, but activists are encouraged by early conversations with local lawmakers. The intent is to build on drug policy progress such as paraphernalia decriminalization, which was championed by key players like the chairman of the Council’s Judiciary Committee.
The push in the nation’s capital follows advocates’ success in advancing decriminalization in other parts of the country.
Oregon voters approved a historic initiative to decriminalize drug possession last year, and multiple jurisdictions across the U.S. are now exploring similar policy changes.
Last month, Massachusetts lawmakers heard testimony on separate proposals to decriminalize drug possession and establish a pilot program for safe injection facilities. A safe consumption site bill advanced through a legislative committee in the state in May.
The Maine Senate this summer defeated a bill that would have decriminalized possession of all currently illicit drugs.
Rhode Island’s governor signed a bill in July to create a pilot program legalizing safe consumption sites.
Congressionally, a first-of-its-kind bill to decriminalize drug possession at the federal level was introduced this session.
There’s a sense of urgency to get this reform in D.C. enacted, as the coronavirus pandemic has seemed to contribute to record-high drug overdose deaths in the country. Adesuyi said “the last year really has made it so we just can’t wait any more.”
Meanwhile, advocates have renewed hope that D.C. could soon move to legalize the sale of adult-use marijuana.
The District has been prevented from doing so despite legalizing cannabis in 2014 because it’s been bound by a congressional spending bill rider prohibiting the use of local tax dollars for that purpose. But with majorities in both chambers this session, Democratic appropriators have excluded that prohibitive language in the most recent spending measures—so D.C. would be empowered to finally enact a regulated market.
The mayor of D.C. said in April that local officials are prepared to move forward with implementing a legal system of recreational marijuana sales in the nation’s capital just as soon as they can get over the final “hurdle” of congressional interference.
Mayor Muriel Bowser (D) introduced a cannabis commerce bill in February—and members of the District Council are considering that, as well as a separate proposal put forward by Chairman Phil Mendelson (D).
A hearing on the latter bill is scheduled for next month the Committee of the Whole, the Committee on the Judiciary & Public Safety & the Committee on Business & Economic Development.