[Marijuana Legalization News]
Governor Andrew Cuomo: “Communities of color have been disproportionately impacted by laws governing marijuana for far too long.”
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Governor Andrew M. Cuomo today signed legislation (S.6579A/A.8420) further decriminalizing marijuana use in New York State.
New York’s existing marijuana laws disproportionately affect African American and Latino communities. This legislation will address those racial and ethnic disparities by reducing the penalty for unlawful possession of marijuana to a violation punishable by a fine, and by creating a process for individuals who have been convicted for possessing small amounts of marijuana to have their records expunged.
The Governor first proposed the further decriminalization of marijuana in 2013, and again in the FY 2020 Budget. The bill will take effect 30 days after becoming law.
“Communities of color have been disproportionately impacted by laws governing marijuana for far too long, and today we are ending this injustice once and for all,” Governor Cuomo said. “By providing individuals who have suffered the consequences of an unfair marijuana conviction with a path to have their records expunged and by reducing draconian penalties, we are taking a critical step forward in addressing a broken and discriminatory criminal justice process.”
Senate Majority Leader Andrea Stewart-Cousins said, “Decriminalizing marijuana is an essential part of reforming our state’s broken justice system. For too long, communities of color have been disproportionately targeted and negatively impacted. The Senate Democratic Majority will continue our efforts for full legalization and regulation of marijuana, and today’s decriminalization is a good first step.”
Assembly Speaker Carl Heastie said, “This law is an important step in righting decades of injustice caused by the state’s current drug laws. Decriminalizing marijuana and expunging records for those with low level offenses will go a long way towards helping our communities, and especially people of color, who have been devastated by them. By removing the barriers and stigma that come with these records, we clear the path for many New Yorkers to find a job, housing and go on to live successful and productive lives.”
This legislation will make marijuana enforcement fairer and more equitable by:
(1) Reducing the penalty for unlawful possession of marijuana to a violation punishable by a fine and removing criminal penalties for possession of any amount of marijuana under two ounces; and
(2) Creating a process for individuals with certain marijuana convictions to have their records expunged both retroactively and for future convictions.
Senator Jamaal T. Bailey said, “Marijuana possession gives those convicted a criminal record that will follow them throughout their lives, potentially limiting their access to education, affecting their ability to obtain employment leading to a potential inability to provide for their families. The creation of a mechanism for expungement, both retroactively and forward-looking, is a step in the right direction in finally ending the heavy-handed war on drugs that has decimated communities of color. I want to thank the Assembly sponsor and Majority Leader of the Assembly Crystal Peoples-Stokes, Governor Andrew Cuomo, Majority Leader Andrea Stewart Cousins, and Assembly Speaker Carl Heastie for their commitment to this issue and ensuring this bill becomes law.”
Assembly Majority Leader Crystal D. Peoples-Stokes said, “For too long communities of color have been the target of discriminatory criminal justice policies and have suffered serious consequences for the possession of small amounts of marijuana, while others were never arrested or charged. By decriminalizing marijuana use in New York once and for all, we are ending this repressive cycle that unfairly targets certain communities. I thank the Governor for signing this bill and for taking this critical step forward in the name of equality.”
Governor Cuomo’s signing of this law was also lauded by former Assistant Special Watergate Prosecutor Nick Akerman, who is currently a partner in the New York office of the international law firm of Dorsey & Whitney.
Mr. Akerman is now heavily involved in Dorsey & Whitney’s Cannabis Practice. Dorsey & Whitney has a robust cannabis practice in New York, and around the country, advising clients on a number of cannabis related issues.
“Today’s bill signed into law by Governor Cuomo is another step towards totally decriminalizing the possession and use of marijuana and is a likely precursor to making marijuana completely legal in New York State,” said Akerman. “While various states continue to pass laws making marijuana legal for medicinal or recreational use, the federal government still makes use and possession of marijuana a serious felony. What New York did today is yet another step in continuing state actions that will ultimately push the federal government to remove marijuana from its list of illegal controlled substances.”
