Historical Day : Gov. Cuomo Signs Bill Legalizing recreational Marijuana in New York

“This effort was years in the making and we have finally achieved what many thought was impossible, a bill that legalizes marijuana while standing up for social equity, enhancing education and protecting public safety,” she said. “The legislature finds that existing marihuana laws have not been beneficial to the welfare of the general public,” the bill’s findings section states. “Existing laws have been ineffective in reducing or curbing marihuana use and have instead resulted in devastating collateral consequences including mass incarceration and other complex generational trauma, that inhibit an otherwise law abiding citizen’s ability to access housing, employment opportunities, and other vital services. Existing laws have also created an illicit market which represents a threat to public health and reduces the ability of the legislature to deter the accessing of marihuana by minors. Existing marihuana laws have disproportionately impacted African-American and Latinx communities.” Assembly Majority Leader Crystal Peoples-Stokes (D), who sponsored the legislation, said she’s “extremely humbled, proud and honored to have passed the historic Marijuana Regulation and Taxation Act with my partners in government Senator Liz Krueger and Governor Cuomo.” “This social justice initiative will provide equity to positively transform disenfranchised communities of color for the better,” she said. “I believe this bill can serve as a blue print for future states seeking inclusive cannabis legalization.” While the bill moved quickly through the legislature, with four committees and both chambers passing it within hours on Tuesday, the negotiations to craft the measure were drawn out over months. Legislative leaders and the governor made a series of deals on various provisions to get the bill into shape.

Cuomo made several concessions to the legislature that represent large differences from the legalization plan he proposed in his annual budget, accepting provisions allowing home cultivation and directing how to distribute cannabis tax revenue for social equity purposes. Earlier, he also proposed amendments to his own legislation last month that he hoped would address certain concerns from lawmakers and advocates. Those changes primarily concerned that issues such as social equity funding and criminal penalties for underage marijuana possession. Peoples-Stokes said earlier this month that talks had been “really good and really fruitful and I’m really encouraged.” In fact, “I’ve never felt this encouraged before.” That’s despite her saying just days earlier that negotiations with the governor’s office over the legalization had become heated to the point of screaming. There was speculation that the growing number of sexual harassment allegations against the governor—in addition to controversy over the state’s handling of nursing home COVID-19 death data—would leave him with less political clout to negotiate on behalf of his proposal over that of the lawmakers.

And while it’s true that Cuomo has included legalization proposals in his last three budget request, some might wonder whether the haste of his signing the bill is connected to a need for a political win that could draw some attention away from the scandals. Senate Finance Chairman Liz Krueger (D), sponsor of her chamber’s version of the legalization bill, previously said that “you can’t ignore the fact that there was an interest in getting the marijuana bill done” on the governor’s end as these allegations were raised. “That seemed to pop up at around the same time.” However, she caveated, “pick a day and another shoe was dropping for the Cuomo administration. In any case, advocates will take the win. “A new era for marijuana justice is here. After years of hard work against long odds, New York has enacted one of the most ambitious marijuana legalization programs in the country,” Melissa Moore, New York state director of the Drug Policy Alliance, said in a press release. “Let’s be clear—the Marijuana Regulation and Taxation Act is an outright victory for the communities hit hardest by the failed war on drugs,” she said. “By placing community reinvestment, social equity, and justice front and center, this law is the new gold standard for reform efforts nationwide. Today we celebrate, tomorrow we work hard to make sure this law is implemented fairly and justly for all New Yorkers.”

Lt. Gov. Kathy Hochul (D) celebrated the move, saying, “Not only will this help correct an unjust system that targets marginalized communities, it will create jobs & invest in those who have been historically underserved.”