IT’S HAPPENING: New York legalization moves to the floor of the Senate and Assembly!
Senate Bill S854A
Enacts the “marihuana regulation and taxation act”; repealer
Sponsored by Liz Kruger (D, WF) 28TH Senate District
Possession Limits:
Effective immediately, up to 3 oz of flower or 24 grams of concentrates. You can store 5 lbs of cannabis at home.
Homegrow:
Adults can cultivate up to 6 plants for personal use, 3 of which could be mature
A maximum of 12 plants could be grown per household with more than one adult.
Law Enforcement:
Police could not use the odor of cannabis to justify searches.
Taxes:
Tax revenue from marijuana sales would cover the costs of administering the program. The remaining funding would be split three ways:
40 Percent to Education
40 Percent to Community Grants Reinvestment Fund
20 Percent to Drug Treatment and Public Education Fund
Cannabis products would be subject to a state tax of nine percent, plus an additional four percent local tax that would be split between counties and cities/towns/villages, with 75 percent of the local earnings going to the municipalities and 25 percent to the counties.
Marijuana distributors would also face a THC tax based on type of product, as follows:
0.5 cents per milligram for flower
0.8 cents per milligram for concentrated cannabis
3 cents per milligram for edibles
Social Equity:
The legislation sets a goal of having 50 percent of marijuana business licenses 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 financially distressed farmers.
Expungement:
People with convictions for marijuana-related activity made legal under the legislation would have their records automatically expunged.
Protections Against Discrimination:
Protections against discrimination in housing, educational access and parental rights would be instituted for people who consume cannabis or work in the marijuana industry.
Municipal Opt-Out:
Cities, towns, and villages may opt-out of allowing adult-use cannabis retail dispensaries or on-site consumption licenses by passing a local law by December 31, 2021 or nine months after the effective date of the legislation. They cannot opt-out of adult-use legalization.
Governing Body:
A new Office of Cannabis Management—an independent agency operating as part of the New York State Liquor Authority—would be responsible for regulating the recreational cannabis market as well as the existing medical marijuana and hemp programs and would be overseen by a five-member Cannabis Control Board. Three members would be appointed by the governor, and the Senate and Assembly would appoint one member each.
License Types:
Commercial cultivators, processors, distributors, retailers, cooperatives and nurseries would be created, with a prohibition on vertical integration except for microbusinesses.
Social consumption sites and delivery services would be permitted.
New York Timeline
March 27, 2021, state lawmakers reached a deal to allow sales of recreational use marijuana
March 30, 2021: Lawmakers are expected to vote on the bill, which is the earliest they could consider it.
Legislative leaders hope to vote on the budget on March 31 to meet the deadline of having a budget in place by April 1.
The legislation would take effect immediately if passed but for sales to start, New York has to set up rules and a cannabis board first.
Assembly Majority Leader Crystal Peoples-Stokes recently estimated it could take 18 months to two years for sales to start.
#BreakingNews #CannabisLegalization
