Adult-Use Cannabis is Now Legal in New York

Adult-Use Cannabis is Now Legal in New York

On Tuesday, New York legislators decisively voted to pass a bill legalizing recreational marijuana for adults in the Empire State. 

In a show of overwhelming support, the state senate passed the bill 40-23 before handing it off to the assembly, where it was approved in a 100-49 vote. Despite the bill being released a short three days prior, Tuesday’s approval process took only a matter of hours. 

Today the legislation then headed to Governor Andrew Cuomo’s (D) desk, where within hours he signed the bill into law.


“Legalizing adult-use cannabis isn’t just about creating a new market that will provide jobs and benefit the economy—it’s also about justice for long-marginalized communities and ensuring those who’ve been unfairly penalized in the past will now get a chance to benefit. I look forward to signing this legislation into law,” the governor said in a statement signaling his support for the bill. 

Restorative justice and equity have been critical points in the discussions between the governors’ office and legislators during the past weeks. As it stands, New York’s legalization bill will do more than simply legalize marijuana. Senate Majority Leader and co-sponsor of the bill, Andrea Stewart-Cousins (D), said,

“There were many important aspects of this legislation that needed to be addressed correctly—especially the racial disparities that have plagued our state’s response to marijuana use and distribution as well as ensuring public safety—and I am proud that through strong collaboration, we have reached the finish line.”

Equity Provisions In MRTA

The Marijuana Regulation and Taxation Act (MRTA) will also immediately expunge prior marijuana convictions from New Yorker’s records as well as create protections for cannabis workers against discrimination in housing, educational access, and parental rights. In addition, marijuana odor will no longer be sufficient enough reason for police to conduct a search. 

It seems the governor has also acquiesced on another sticking point during preliminary discussions—the reinvestment of marijuana tax revenue in minority communities most affected by prohibition.

With the MRTA Bill, legislators aim to issue 50% of cannabis business licenses to social equity applicants. Additionally, 40% of cannabis tax revenue will go into a minority reinvestment fund, another 40% would be allocated to public schools, and 20% would fund drug rehabilitation programs. 

“My goal in carrying this legislation has always been to end the racially disparate enforcement of marijuana prohibition that has taken such a toll on communities of color across our state, and to use the economic windfall of legalization to help heal and repair those same communities,” said Senate Finance Committee Chairwoman Liz Krueger (D) who co-sponsored the bill alongside Stewart Cousins. “I believe we have achieved that in this bill, as well as addressing the concerns and input of stakeholders across the board.” 

Other Provisions In MRTA

The other major hurdle stalling progress on legalization efforts regarded whether driving while impaired by marijuana would remain a misdemeanor offense or be reduced to a traffic violation. 

For now, driving under the influence of cannabis will continue to be a misdemeanor, though the Department of Health will begin a study searching for technology that can more accurately determine if a driver is under the effects of marijuana while operating the vehicle.

Other provisions in the MRTA include allowances for adults to cultivate up to six cannabis plants for personal use with a maximum of twelve plants per household, allowances for marijuana delivery services, and the creation of a new Office of Cannabis Management that would operate within the umbrella of the New York State Liquor Authority. 

“After years of tireless advocacy and extraordinarily hard work, that time is coming to an end in New York State,” said Governor Cuomo.

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