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Thursday, March 25, 2021
The US state of New York reached a deal on Wednesday to legalise the drug marijuana for recreational use, with the bill in its final form to be passed next week.
The bill was negotiated by State Assembly Majority Leader Crystal Peoples-Stokes and Chair of the State Senate Finance Committee Liz Krueger, The New York Times reported; and has received Governor Andrew Cuomo’s support. New York is to become the fifteenth US state to permit recreational consumption of cannabis.
According to an internal memo obtained by CNN, the proposal includes creating an Office of Cannabis Management which will issue licences for the farming, processing, distribution, dispensaries and in retail “consumption” sites, as well as oversee regulation of new cannabis programmes. In an effort to make amends for communities, minorities and women which have been disproportionately affected by marijuana’s prohibition, a goal has been set to award half of all licences to “social equity applicants”.
The bill also includes a 13% tax on the drug’s retail sale, the revenue of which will go to the State Lottery Fund for Education, the Drug Treatment and Public Education Fund and the Community Grants Reinvestment Fund for “qualified community-based organizations and approved local government entities to reinvest in communities disproportionately affected by past federal and state drug policies”.
New Yorkers over the age of 21 will be eventually allowed to grow the cannabis plant at home, though there is a new set of criminal offences for the unlawful possession and sale of cannabis. “Impairment by cannabis” will be equivalent to “Driving While Ability Impaired”, the lowest degree on the “Driving While Intoxicated” statute and carrying the lowest penalty for any alcohol- or drug-related violation: a fine of USD300-500 and maximum jail time of 15 days.
There is to be a violation for possession of 24 grams (0.84 ounces) of concentrated cannabis or three ounces (85 grams) of flower, escalating to a Class ‘D’ felony punishable by up to seven years jail time for over four pounds (1.81 kilograms) of concentrated cannabis or ten pounds (4.54 kilograms) of flower.
These limits are looser than most other states. Illinois allows possession of up to five grams (0.18 ounces) of concentrated cannabis and 30 grams (1.06 ounces) of flower, while Nevada is even more strict: 3.5 grams (0.12 ounces) of concentrated cannabis and one ounce (28 grams) of flower. However, New York’s neighbour New Jersey has a limit of six ounces (170 grams) of flower, double New York’s limit.
Individual municipalities may opt out if residents vote to pass a local ban on adult-use dispensaries. The bill may be put to vote as early as next week, The New York Times reported. As a majority of members in both the Assembly and Senate are of Governor Cuomo’s Democratic Party, it is expected to pass.