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Gov. Andrew Cuomo and several New York state legislators recently reached an agreement about legislation that would legalize the use of recreational marijuana in the state. 

Cuomo has been working to legalize the drug for adults over the age of 21 since 2019, but faced opposition from state lawmakers about the move. The new agreement would expand the state’s existing medical marijuana program, set up a licensing and taxation system for recreational sales and establish the Office of Cannabis Management, according to a press release. 

The move is also projected to increase tax collection to $350 million annually and create between 30,000 and 60,000 jobs, according to the governor’s office.

As legislators are expected to vote on the bill on Tuesday, which would make New York the 16th state to legalize marijuana for adults over the age of 21, here’s a breakdown of what the legislation looks like:

Use and regulation

Although medical marijuana is already legal in New York state, the new legislation would expand the list of medical conditions covered in the existing program, and allow patients to receive a 60-day supply of the drug rather than the current 30-day limit. 

Individuals who use the drug for medical purposes would also be able to grow it at home starting six months after the bill is enacted.

The legislation would also allow adults who want to use the drug recreationally to grow up to three mature and immature marijuana plants for personal consumption, the Associated Press reported. But individuals would have to wait 18 months after the first adult-use dispensary is opened before they begin growing the drug at home, according to The New York Times. 

The bill would also automatically expunge charges for anyone with a previous marijuana conviction that would now be legal under the law or allow them to receive a resentencing. 

Distribution and tax collection

Although the bill would take effect immediately if it is passed, New York would still have to set up rules for distribution and sales, according to AP.

The governor’s office said the legislation would create a two-tier licensing process for the delivery of cannabis products to consumers that would include licenses for both producers and distributors. It would also permit “consumption sites” where marijuana could be consumed, but not alcohol, The Times reported.

The legislation would also implement a social and economic equity program that would aim to give 50% of licenses to businesses owned by individuals in communities that have been disproportionately impacted by cannabis enforcement in the past.

An individual municipality would also be allowed to “opt out” of allowing adult-use dispensaries or on-site consumption licenses if it passes a local law by the end of the year or nine months after the legislation goes into effect. But cities and towns can’t opt out of adult-use legalization overall, according to the governor’s office.

The new legislation would also set a 9% sales tax on cannabis as well as a 4% local tax that would be split between the county and local government of where the drug is sold. The new structure would also impose an additional tax based on the rates of THC, the active ingredient in marijuana, in the individual product.

All taxes on the drug would be deposited in the New York state cannabis revenue fund, which covers several of the costs associated with administering and implementing the new program.

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More stories on marijuana in New York:

• Gov. Cuomo proposes recreational marijuana legalization
• Column: Cuomo stopped punishing recreational marijuana users. So should you.
• Student suspended for delivering marijuana to quarantined friend sues SU

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Education and safety

The Office of Cannabis Management, which would be governed by a five-member board and operate as an independent office in the New York State Liquor Authority, would be responsible for enforcing and regulating the use of adult-use marijuana in the state. 

The office would establish a public health and education campaign about marijuana and work with neighboring states to ensure regional safety once the drug is legalized. 

Under the legislation, the New York State Department of Health would also work with colleges and universities in the state to evaluate different methods to detect cannabis-impaired driving. It will create additional funding for drug recognition experts and law enforcement to ensure that residents aren’t driving while under the influence of the drug. 

Published on March 28, 2021 at 11:53 pm

Contact Maggie: mehicks@syr.edu | @maggie_hickss