New York has become the second-most populous state, after California, to legalise recreational marijuana. Photo / AP
New York has become the second-most populous state, after California, to legalise recreational marijuana. Photo / AP
New York adults over the age of 21 can now possess and use marijuana — even in public — under a legalisation bill signed today by Governor Andrew Cuomo, though legal sales of recreational-use cannabis won't start for an estimated 18 months until regulations are set.
Passed after several years of stalled efforts, the measure makes New York the 16th US state to legalise adult use of the drug, though South Dakota's measure is in legal limbo.
New York becomes the second-most populous state, after California, to legalise recreational marijuana. Legalisation backers hope the Empire State will add momentum and set an example with its efforts to redress the inequities of a system that has locked up people of colour for marijuana offences at disproportionate rates.
"By placing community reinvestment, social equity, and justice front and centre, this law is the new gold standard for reform efforts nationwide," said Melissa Moore, New York state director of the Drug Policy Alliance.
The legislation provides protections for cannabis users in the workplace, housing, family court, schools, colleges and universities, and sets a target of providing half of marijuana licenses to individuals from underrepresented communities.
Police can no longer use the odor of cannabis as a reason for searching someone's car for contraband.
New York will start automatically expunging some past marijuana-related convictions, and people won't be arrested or prosecuted for possession of pot up to 3 ounces. A 2019 law already expunged many past convictions and reduced the penalty for possessing small amounts.
In a unique provision, New Yorkers 21 and over can now smoke cannabis in public, including on sidewalks. No other state allows that, said Paul Armentano, deputy director of pro-legalisation group NORML.
New York's cannabis legalisation bill was signed today by Governor Andrew Cuomo. Photo / AP
Still, New Yorkers can't smoke or vape marijuana in locations where smoking is prohibited by state law, including workplaces, indoor bars and restaurants and within 30 metres of a school.
And stricter local smoking rules apply: New York City bans smoking in parks and on beaches, for instance. Local governments can pass stricter rules on marijuana use, prohibit retail dispensaries or cannabis lounges, and impose small civil penalties — as long as they don't "completely or essentially prohibit a person" from lawful marijuana use.
Mackenzie Stevenson, a portrait photographer and dental assistant in central New York, was thrilled at the news. She has a relative with epilepsy who's been greatly helped by medical marijuana.
"I've seen the benefits it's had for her, so I'm excited for more people to be able to benefit from it," the 20-year-old said.
"Once I'm 21, I'm going to be very excited to go out and be able to use it myself," added Stevenson, who said she has tried it occasionally.
Law enforcement organisations, parents' groups and many Republican lawmakers opposed the new law. They suggested legalisation will encourage kids to use marijuana and will increase impaired-driving crashes, among other concerns.
"For 27 years in the military, I fought drugs, every single year... What will we do to our children here?" Republican John Lemondes Jr, a retired Army colonel, asked as lawmakers debated Tuesday night.
Legalisation supporters say that it's already easy for young adults to get pot and that there's no clear link between marijuana legalisation and traffic accidents.
New Yorkers 21 and over can now smoke cannabis in public. Photo / 123RF
Officials plan to study the driving issue, and the law also lets state police get money to train more officers as "drug recognition experts," though University at Buffalo professor R Lorraine Collins said there's no evidence those experts can tell whether someone's high.
The trade publication Marijuana Business Daily estimates New York could become the East Coast's largest recreational marijuana market — generating a potential US$2.3 billion in annual sales by its fourth year.
The Governor said annual tax revenues could eventually total US$300 million, though Republicans are sceptical. The taxes are considerable: a 9 per cent statewide sales tax, an additional 4 per cent county and local tax and another tax based on the level of THC, marijuana's active ingredient.
Senator Liz Krueger, a Democrat and the legislation's senate sponsor, estimates the total tax rate will come out to about 20 per cent.
The state will provide loans, grants and incubator programmes to encourage cannabis entrepreneurs from minority communities, as well as small farmers, women and disabled veterans.
Krueger said the state can't mandate giving 50 per cent of licenses to such applicants because it could be unconstitutional. Instead, the law sets 50 per cent as "a goal".
Social equity has emerged as a key theme in marijuana legalisation in recent years, with newly legal states trying to build it in and others seeking to make up for a lack of diversity in the businesses they approved earlier.
But plans haven't always played out as intended. Illinois, for instance, was touted for the equity provisions in its 2019 law. But that has drawn criticism and legal action from some black-owned businesses that were passed over. Illinois has since revised its process to try to address those issues.
