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.

New York Legislature Clears Huge Hurdle In The Way Of Marijuana Legalization

New York Legislature Clears Huge Hurdle In The Way Of Marijuana Legalization

The Big Apple is one giant step closer to legalizing marijuana for adult use.

Yesterday, State Senate Majority Leader Andrea Stewart-Cousins (D) told reporters that the State Legislature and Governor Andrew Cuomo (D) had overcome last week’s impasse regarding impaired driving. With that impediment removed, all signs point towards a bill passing in the next few days.

“I think we are really, really really close on (legalizing) marijuana, we have gotten past the impasse of the impaired driving,” Stewart-Cousins said. “We are looking to get language that will I think be satisfactory in the next day or so.”

What’s The Issue?

The issue at hand was whether driving under the influence of marijuana should be treated as a traffic infraction or criminal misdemeanor.

Law enforcement groups, including the District Attorneys Association of the State of New York, raised concerns that classifying impaired driving as a traffic infraction would send the wrong message to the public, endangering residents and visitors.

Conversely, legislators have emphasized the importance of reducing marijuana incarcerations, as well as ending the police practice of conducting searches on the basis of marijuana odor alone.

The lack of effective roadside testing technology further complicates things since present-day testing methods can not accurately determine how recently a driver has consumed marijuana.

At The Negotiating Table 

Currently, how exactly lawmakers resolved the impasse remains unclear. However, Governor Cuomo has already conceded two key provisions in his legalization plan to the legislature: social equity funding and home-grow. 

The Marijuana Regulation and Taxation Act (MRTA), co-sponsored by Stewart-Cousins and Senate Finance Committee Chairwoman Liz Krueger (D), starkly contrasted the governor’s original marijuana bill by allowing New York residents to cultivate cannabis inside their own homes, as well as by setting aside a percentage of marijuana tax revenue to be reinvested in the minority communities that have been most affected by marijuana prohibition.

While the exact language in the bill remains hazy, Senator Krueger said in a radio interview that she is “extremely pleased with the agreement that we have come to.”

Is The Third Time The Charm For Governor Cuomo?

This will be the governor’s third attempt at passing marijuana reform. In 2019 and 2020, Cuomo endeavored to pass a legalization bill through his executive budget, though each time he was thwarted by his own party who criticized the gubernatorial office for prioritizing tax revenue above criminal justice reform. This year, however, the legislature has made it clear that negotiations will take place outside of the budget process. 

Regardless of their differences, both Cuomo and the legislature are optimistic that they will reach an agreement soon. The governor made his intention to succeed in legalizing marijuana this go-round by saying, “We’ve tried to do that for the past three years, we have to get it done this year.”

“Since I’ve never gotten this close to the deadline before, I’m feeling that there is impetus to get this done as quickly as possible,” Senator Krueger recently said. “ I am prepared to do everything in my power to close this out, get this bill to both floors, and get it signed by the governor.”

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