{"id":661,"date":"2019-07-02T14:19:41","date_gmt":"2019-07-02T18:19:41","guid":{"rendered":"http:\/\/blogs.duanemorris.com\/healthlaw\/?p=661"},"modified":"2019-07-02T14:21:36","modified_gmt":"2019-07-02T18:21:36","slug":"effort-to-legalize-adult-use-of-marijuana-fails-in-new-york-state","status":"publish","type":"post","link":"https:\/\/blogs.duanemorris.com\/healthlaw\/2019\/07\/02\/effort-to-legalize-adult-use-of-marijuana-fails-in-new-york-state\/","title":{"rendered":"Effort to Legalize Adult Use of Marijuana Fails in New York State"},"content":{"rendered":"

By Jerome T. Levy<\/a> and Lauren G. Perry<\/a><\/strong><\/p>\n

\"Lauren
Lauren G. Perry<\/figcaption><\/figure>\n
\"\"
Jerome T. Levy<\/figcaption><\/figure>\n

On June 17, 2019, the New York Legislative session adjourned without passing a bill that would have legalized adult use cannabis in the state.\u00a0 The sponsor of the leading bill in the assembly and Manhattan Democratic Senator, Liz Krueger, announced that there was not sufficient time to gain the support necessary for passage of a bill.\u00a0 Although there appears to be broad popular support for legalization of marijuana in New York, a number of \u201csafety\u201d issues arose, particularly among suburban constituencies relating to concerns such as operation of motor vehicles under the influence of marijuana.\u00a0 Sentiment in suburban areas caused lawmakers from those districts to withhold the support needed, particularly in the state senate.\u00a0 In addition, many blamed the failure on Governor\u2019s Cuomo\u2019s reluctance to give the measure full support.\u00a0 Although the governor had endorsed adult use legalization earlier in the session, and had attempted to include it within the budget bill passed at the end of March, at the critical time before adjournment he appeared to take a hands\u2011off approach, becoming oddly passive, a pose this activist governor rarely adopts. <\/p>\n

There were several different versions of the adult use cannabis legislation which would appear to have been able to pass the state assembly.\u00a0 However, given the lack of support in the senate, the assembly did not move the measure to vote.\u00a0 The version of the bill with the most support in the assembly provided for the creation of a new agency (the Office of Cannabis Management) tasked with regulating adult use cannabis, medical cannabis (presently regulated by the Health Department) and hemp (regulated by the Department of Agriculture and Markets).\u00a0 Also the bill was amended to address criminal justice reform, which would expunge records of those convicted of low\u2011level marijuana offenses.\u00a0 This was a prime goal of minority legislators who were aggressive in tying any cannabis legalization to elimination of past criminal offenses and expungements of convictions, which they asserted were disproportionate in their effect on minority groups.<\/p>\n

Indeed, the one area which was successful was a bill that will reduce the penalty for marijuana possession of up to two ounces to a violation (instead of a misdemeanor).\u00a0 The new legislation also allows for certain low\u2011level marijuana criminal records to be expunged.\u00a0 While this bill has yet to be signed by the governor, he has indicated his support and is expected to sign it at an appropriate time.<\/p>\n

One important factor in the loss of forward momentum for legalization in New\u00a0York was that the New Jersey Legislature failed to pass a bill legalizing cannabis adult use.\u00a0 Governor Murphy of New Jersey had pushed hard for legislation in that state.\u00a0 After New Jersey\u2019s efforts failed, the governor of New York seemed to adopt a \u201cwait\u2011and\u2011see\u201d attitude, issuing statements that there remained problems to be worked out.<\/p>\n

There continues to be clerical and other opposition to Cannabis legalization, and the questions regarding safety of driving and cannabis remain to be addressed, perhaps data gathered from other states with adult legalization will cast light on this issue.\u00a0 Another issue not resolved is \u201clocal option.\u201d\u00a0 Will towns or municipalities be given the right to \u201copt out\u201d of having dispensaries within their borders?<\/p>\n

Finally, it must be pointed out that 2020 is an election year.\u00a0 In New York State legislative history, it is much harder to enact substantive legislation in an election year.\u00a0 The session is shorter so that members can campaign, and members are reluctant to face controversial issues because of the proximity to the vote.\u00a0 Thus, it is less likely that New York will embrace adult use marijuana in 2020 than it was this year.\u00a0 Advocates may have to wait until 2021.<\/p>\n","protected":false},"excerpt":{"rendered":"

By Jerome T. Levy and Lauren G. Perry On June 17, 2019, the New York Legislative session adjourned without passing a bill that would have legalized adult use cannabis in the state.\u00a0 The sponsor of the leading bill in the assembly and Manhattan Democratic Senator, Liz Krueger, announced that there was not sufficient time to … <\/p>\n

Continue reading “Effort to Legalize Adult Use of Marijuana Fails in New York State”<\/span><\/a><\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[738,830,792,831],"ppma_author":[906],"class_list":["post-661","post","type-post","status-publish","format-standard","hentry","category-health-law","tag-cannabis-law","tag-jerry-levy","tag-lauren-perry","tag-new-york"],"authors":[{"term_id":906,"user_id":6,"is_guest":0,"slug":"duanemorris3","display_name":"Duane Morris","avatar_url":"https:\/\/secure.gravatar.com\/avatar\/843ff6e7a8fe5fc92109b47a45f34b6cf0ea499e6e788db23456c838b0ae6747?s=96&d=blank&r=g","0":null,"1":"","2":"","3":"","4":"","5":"","6":"","7":"","8":""}],"_links":{"self":[{"href":"https:\/\/blogs.duanemorris.com\/healthlaw\/wp-json\/wp\/v2\/posts\/661","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.duanemorris.com\/healthlaw\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.duanemorris.com\/healthlaw\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/healthlaw\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/healthlaw\/wp-json\/wp\/v2\/comments?post=661"}],"version-history":[{"count":0,"href":"https:\/\/blogs.duanemorris.com\/healthlaw\/wp-json\/wp\/v2\/posts\/661\/revisions"}],"wp:attachment":[{"href":"https:\/\/blogs.duanemorris.com\/healthlaw\/wp-json\/wp\/v2\/media?parent=661"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/healthlaw\/wp-json\/wp\/v2\/categories?post=661"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/healthlaw\/wp-json\/wp\/v2\/tags?post=661"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/healthlaw\/wp-json\/wp\/v2\/ppma_author?post=661"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}