New York legalizes cannabis

It was now just a technical matter. After the New York State legislators voted in favorr of the cannabis legalization project, all that remained was for Governor Andrew Cuomo to sign the bill into law.

New York becomes the 18th American jurisdiction to legalize cannabis and joined 14 other states, Washington D.C., Guam and Northern Mariana Islands.

«The bill creates an automatic expungement of prior cannabis-related convictions that would now be legal,» said the governor. «This is a historic day - one that corrects the wrongs of the past by ending harsh prison sentences, embraces an industry that will grow the Empire State's economy and prioritizes marginalized communities so that those who have suffered the most are the first to reap the benefits.»

#BREAKINGI just signed legislation legalizing adult-use cannabis.

The bill creates automatic expungement of previous marijuana convictions that would now be legal.

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This is a historic day.

I thank the Leader and Speaker and the tireless advocacy of so many.

- Archive: Governor Andrew Cuomo (@NYGovCuomo) March 31, 2021

«This was one of my top priorities in this year's state program, and I'm proud that these comprehensive reforms address and balance the social equity, safety and economic impact of legal cannabis for adult use,» he said in a press release.

Senate Majority Leader Andrea Stewart-Cousins said the bill «is a vital first step in addressing the racial disparities caused by the war on drugs that has plagued our state for too long.».

«This effort has taken years and we have finally achieved what many thought impossible, a bill that legalizes cannabis while defending social equity, improving education and protecting public safety,» she said.

Outline of cannabis legalization in New York State

Here is a summary of the main elements of the proposed legalization of cannabis in New York, which should be effective during 2022:

• Adults 21 and over will be able to possess and purchase cannabis products from authorized retailers
• Effective immediately, no penalty for public possession of up to three ounces (84 grams) of cannabis or 24 grams of concentrates
• Adults can also grow up to 6 plants for personal use, including three in bloom. A maximum of 12 plants can be grown per household with more than one adult. Once legal, people will be able to store up to five pounds (2.5 kilos) of cannabis at home.
• People convicted of cannabis-related activities and now legalized under the law will have their records automatically expunged.
• A licensing system for cultivators, processors, distributors, retailers, cooperatives and nurseries will be created, with a ban on vertical integration except for existing micro-businesses and medical cannabis operators
• Social consumption sites and delivery services will be authorized
• A new Office of Cannabis Management, an independent agency operating within the framework of the New York State Liquor Authority, will be responsible for regulating the recreational cannabis market as well as existing medical cannabis and hemp programs.
• The legislation sets a goal that 50% of commercial cannabis licenses be issued to social equity applicants, defined as people from «communities disproportionately impacted by the enforcement of cannabis prohibition» as well as minority- and women-owned businesses, disabled veterans and distressed farmers
• Cannabis products will be subject to a state tax of 9%, plus an additional local tax of 4% to be split between counties and cities, with 75% of local revenue going to municipalities and 25% to counties. Cannabis distributors will also face a THC tax based on product type, as follows: 0.5% per milligram for flowers, 0.8% per milligram for concentrated cannabis and 3 cents per milligram for edibles
• Tax revenues from cannabis sales will be used to fund the program. After that, 40% of the remaining funds will go to a community reinvestment fund, 40% will support the state's public schools and 20% will fund drug treatment centers and public education programs
• The state's existing medical cannabis program would also be amended to expand the list of qualifying conditions. Patients will also be able to obtain a 60-day supply rather than a 30-day supply.
• Sales of smokeable hemp flowers to be authorized
• Existing medical cannabis companies will be able to participate in the recreational market in exchange for licensing fees that will help fund the social equity program