Cuomo: Marijuana Legalization Bill Reaches Agreement with State Legislature

New York Governor Cuomo announced on the 28th that he has reached a final agreement with the state legislature on a bill to legalize recreational marijuana use for adults over the age of 21; Cuomo asserted that “New Yorkers have been unfairly punished, arbitrarily arrested and imprisoned for using and selling marijuana. That era is coming to an end, and I will sign the relevant bill into official law.” The bill will be voted on in the State Assembly in the coming days.

Cuomo spent the evening of the 27th finalizing the Marijuana Regulation and Taxation Act (S.854-A/A.1248-A) with New York State Senate Majority Leader Andrea Stewart-Cousins and State Assembly Speaker Carl Heastie. A.1248-A).

The bill contains provisions that (1) establish the Office of Cannabis Management (OCM) to implement a comprehensive regulatory legal framework covering medical and adult-use marijuana, among others; (2) provide licenses for marijuana producers, distributors and retailers and other participants, with 50 percent of the licenses to be awarded to minority and women-owned businesses (MWBEs); and (3) allow individuals who were previously most affected by marijuana prohibition enforcement to join the marijuana industry.

The bill allows adults over the age of 21 to purchase marijuana, and purchasers would be subject to a 9% state sales tax and 4% local tax, with local municipalities receiving 75% of the local tax and counties receiving 25%; all marijuana taxes would be transferred to New York State’s Marijuana Tax Fund, and 40% of the tax revenue collected would go to communities affected by prior drug laws, 40% to schools and public Education, and 20% to drug treatment and prevention programs.

The bill also lets previous marijuana traffickers have their criminal records automatically expunged; removes criminal penalties for possession of 3 ounces or 24 grams of concentrated marijuana; and expands New York State’s existing medical marijuana program, easing the use of medical marijuana for more medically qualified people and for patients to grow medical marijuana at Home.

The statement released by the state mentioned that cities, towns, and villages (Cities, towns, and villages) may not allow the opening of adult-use marijuana retail dispensaries and licenses, and must pass local laws by December 31, 2021, but cannot opt out (opt-out) of the bill legalizing adult-use recreational marijuana.

The state will work with universities to study how to detect motorists who use marijuana. Drivers of cars are similarly prohibited from using marijuana.

Cuomo said in a statement that the bill is expected to generate $350 million in annual tax revenue for the state and could create 30,000 to 60,000 jobs. Details of the bill released by the state can be viewed at https://tinyurl.com/4mx2s8zk.