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New York legalizes recreational marijuana use and expunges criminal records for that reason

2021-03-31T14:26:12.770Z


The bill, which is only missing the signature of Governor Andrew Cuomo, will allow New Yorkers to possess up to three ounces (85 grams) of cannabis for recreational use. People with marijuana-related convictions will have their records expunged immediately.


The New York State Congress, with a Democratic majority, approved on Tuesday the bill that legalizes the recreational use of marijuana for those over 21 years old, after hours of intense debate, and now it passes to the governor, also a Democrat Andrew Cuomo, for you to sign and take effect.

New York will thus become the sixteenth state to legalize the sale of marijuana for adults and the third in which it is the legislators, rather than the voters through referendum, who approve the measure.

What will legalization mean for New Yorkers?

Those over 21 years of age may consume, smoke, ingest or consume cannabis products.

New Yorkers will be able to legally possess up to three ounces (85 grams) of marijuana outside the home or 24 grams of concentrated cannabis, such as oils derived from a cannabis plant.

Each person will be able to store up to five pounds of cannabis at home, but taking "reasonable steps" to ensure that they are kept in a safe place.

Penalties will remain, ranging from a violation to a felony if it is sold without a license or stored more than is allowed.

Where will its consumption be allowed?



Smoking in public will be allowed anywhere tobacco can be smoked, according to Liz Krueger, a sponsor of the bill in the Senate.

"Until now, the law that is passed says that if you can smoke tobacco there, you can smoke marijuana there," he said. 

[Los Angeles Eliminates Marijuana Convictions: Thousands of Latino Migrants Breathe Easier]

You will not be allowed to smoke cannabis in schools, workplaces or inside a car.

Smoking in public in a prohibited space could result in a fine of $ 25 or up to 20 hours of community service, although an officer will not be allowed to use the smell of cannabis as a justification for stopping and searching a person.

It will be legal to smoke cannabis in clubs that allow it and private residences, as long as the owner does not prohibit it, as well as in hotels and motels that allow it.

Where can you buy it?



The bill proposes creating retail licenses, paving the way for dispensaries where you can buy cannabis products.

Localities may choose not to allow dispensaries and will have until the end of the year to do so.

Consumption in dispensaries will not be allowed unless the company has a license that allows consumption on site.

The state will also issue licenses for the creation of cannabis distribution businesses, which means that people will be able to receive the drug at home.

When will the sales start?

Sales won't start until New York sets regulations and a cannabis board is created.

Peoples-Stokes has estimated that sales could take between 18 months and two years to start.

A Cannabis Management Office and a Cannabis Control Board will have to be established to regulate and license the state adult consumption program, the existing medical marijuana program, and the hemp program, so sales in dispensaries could arrive throughout 2022.

Will it be legal to grow marijuana at home?



Up to six plants can be grown at home, indoors or outdoors, and a maximum of 12 plants per home, but will not be allowed until 18 months after the opening of the first adult dispensary.

Medical marijuana patients, or their designated caregivers, will also be able to grow the plants beginning six months after the bill became law.

Millions in taxes

The governor's office has estimated that, once the legal marijuana industry is fully developed, it could generate around $ 350 million a year for the state, part of those funds will have to be invested in minority communities affected by the severe sentences by possession of this drug.

[This woman was convicted of possession of marijuana.

Now that it is legal, her daughter wants New Jersey to compensate her for what she suffered]

"New York has a history of being the progressive capital of the nation and this important legislation will continue that legacy," Cuomo said in a statement, thanking Senate leaders Andrea Stewart-Cousin and Assembly leaders Carl Heastie. For the effort.

He also noted that marijuana prohibition has long disproportionately impacted communities of color with severe jail sentences "and, after years of hard work, this landmark legislation provides justice to underserved communities, embraces a new industry that will grow. the economy and establishes safety for the public. "



[The UN removes cannabis from the list of most dangerous drugs and recognizes its important medicinal properties]

State Senator Liz Krueger, one of the bill's sponsors, said she was satisfied with a law that she says will end "failed marijuana prohibition policies" in the state and begin "the process of building a legal market. , fair and inclusive for adult cannabis use. "



"The last time the state did something like this was when we ended the prohibition of alcohol," said People-Stokes, "and that was in 1933. Studies tell us that more people who are not of color also they are consumers, but people of color were arrested and imprisoned the most. "



During the pre-approval debate Republicans and some Democrats expressed concern that the wrong message is being sent to children and how the police will be able to determine if a driver is high on marijuana.

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The project will impose a 9% tax on the sale of cannabis and another 4% for the county where the sale takes place and the local government.

There will also be an additional tax based on the level of THC, the active compound in marijuana, ranging from 0.5 cents per milligram for the plant to three cents per milligram for edibles.

Marijuana ready to be sold at a club Alberto Ortega / Getty Images

[Legalization of marijuana in California does not stop deportations]

Activists point out that the measure in New York, which follows Massachusetts and New Jersey, will boost requests for legalization across the country. 

Lawmakers in New Mexico returned for a special session Tuesday to address the legalization of recreational marijuana, while Democratic politicians in Virginia are negotiating heading into the summer.

"The fact that New York is now the second largest cannabis market in the country will put increasing pressure on others and encourage others to follow suit," said Adam Goers, senior vice president of Columbia Care, which sells marijuana. medicinal in New York and recreational use in several other states.

The Senate of Mexico approves a proposal to legalize the recreational use of marijuana

Nov. 21, 202000: 48

Changes in the law

New York will begin automatically erasing the records of people with prior convictions for marijuana-related crimes who will no longer be penalized.

And once the bill becomes law, the NYPD will not be able to arrest or prosecute anyone for possession of less than three ounces.

A police officer could still cite the smell of cannabis as a reason to suspect that a driver is intoxicated, but the officer cannot use that smell alone as justification to search the vehicle.



Medical marijuana

The list of medical conditions for which marijuana use will be allowed will be significantly expanded to include Alzheimer's and muscular dystrophy.

Patients will no longer have restrictions on smoking medical marijuana, and the current 30-day supply limit will be doubled.

Awareness campaigns

New York officials plan to launch an education and prevention campaign aimed at reducing the risk of cannabis among school-age children, and schools could win grants for drug and anti-vaping awareness and prevention programs.

A new state cannabis board will ban advertising directed at children, and retail cannabis stores and marijuana salons cannot be located hundreds of feet from a school, home, or cult.

[Marijuana vaporizer skyrockets among teens, doubling since 2018]

The state will also launch a study scheduled for December 31, 2022, which will examine the extent to which cannabis affects driving and whether it depends on factors such as time and metabolism.

Sen. Liz Krueger, a sponsor of the bill, noted that there is no clear link between marijuana legalization and traffic accidents.

Opposition to legalization

Republicans and a handful of Democrats who oppose legalization said Tuesday that they remain concerned the bill will tie the hands of law enforcement and send the message to children that drugs are okay.

Assemblyman Mike Lawler, of Rockland County, pointed out that it is not credible that marijuana sales will generate almost as much revenue as the Cuomo Administration projects: "Other states have not met projections," he recalled.

[An Asian woman is brutally attacked in New York]

Republican Rep. John Lemondes Jr., a retired former colonel who runs a farm near Syracuse, expressed concern about workplace accidents.

"Are we really sure we want to do this?"

he asked, adding, "As a parent, my answer is emphatically no."

Democratic Representative Kwame Mamdani recalled that although some people insist that marijuana can make people become a burden to society: "Smoking marijuana can also lead to becoming an elected official," he said.

The legislation sets a goal of granting 50% of commercial recreational marijuana licenses to "applicants for social and economic equity," including minority-owned businesses and women-owned businesses.

With information from The New York Times, EFE and AP.

Source: telemundo

All news articles on 2021-03-31

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