New York will legalize marijuana in the new year
Governor Andrew Cuomo plans to make recreational marijuana legal the top priority of his business in 2019. Mayor Bill de Blasio is not so clear on this issue. How likely is it that legalization will take place in the city and state of New York?
On Monday, in an address to the New York State Bar Association, the Governor outlined his agenda for the first 100 days of his third term. Cuomo said the time has come to legitimize the use of recreational marijuana "once and for all," quotes AMNY.
Over the past year, city and state officials have taken steps towards possible legalization, holding public hearings and reports. Given that the Democrats are ready to take control of both chambers of the New York State legislature, the legalization of marijuana may become a reality in 2019.
What is known at the moment?
Recreational use of marijuana for adults has not yet become legal, but this has not prevented city politicians from arguing about how to spend potential tax revenues.
Since the retail tax rate ranges from 7 to 15%, revenue from the legalization of marijuana can range from 110,3 to 428,1 million dollars a year, according to a report published by the Center for Transport Policy and Management at New York University.
Former City Council Speaker and current Public Advocate candidate Melissa Mark-Viverito held a rally on Dec. 6 in support of her plan to use marijuana tax revenue to fix the city's troubled subway system. “I will make this a priority,” she promised.
City Council member Rafael Espinal, who also runs on a voluntary basis, called his rival's plan "erroneous." He believes that revenues should be returned to color communities that are unjustly prosecuted by state drug laws.
“This is a golden opportunity to right a historical wrong,” Espinal said in an emailed statement.
The state is getting closer to the legalization of marijuana
Earlier this year, a series of public hearings was held at which they approved the decriminalization of marijuana, after the State Department of Health published a report in which it called for a change in the law. Public input will help guide lawmakers when drafting legislation.
A six-month study commissioned by Cuomo was published in July and found that the benefits of legal marijuana outweigh the risks. The Department of Health also determined that legalizing a drug for New Yorkers older than 21 would not lead to a significant increase in use and could help reduce racial differences in police policing.
The hearings included a working group consisting of experts in the field of public safety, economics and health.
Medical cannabis remains legal in New York State for patients who, according to the law, have serious medical indications for use: cancer, AIDS, severe chronic pain and other diseases.
How likely is marijuana to be legalized in the state in 2019?
Senator Liz Kruger, representing the eastern part of Manhattan, has introduced several bills since 2013, and hopes that the state will finally reach legalization in 2019.
Strategically, more lawmakers can support a budget package that includes permission to use marijuana, rather than voting directly for legalization. For many years, New York lawmakers have used this tactic to solve other problems, such as raising the minimum wage and higher education.
Krueger said that for New Yorkers legalization is unlikely to happen soon enough.
Andrew H. Sidman, associate professor and deputy head of the department of political science at the College of Criminal Justice, John Jay, on the contrary, is confident that the chance for the adoption of an independent bill by the new legislature is quite large.
Is Bill de Blasio in favor or against the legalization of marijuana?
The mayor did not approve of the full legalization of recreational marijuana, but he supported efforts to reduce arrests for the use of marijuana. As of September 1, most New Yorkers face police calls instead of arrests, as before.
“No one’s fate should depend on a minor, nonviolent crime,” de Blasio said in June when announcing the policy change. “Policing has helped bring officers and the community together, but we still have a lot of work to do to right the wrongs in the criminal justice system.” This new policy will help reduce unnecessary arrests, making our city fairer and safer.”
According to the rules of the police in New York, those who are on parole, have valid criminal warrants, who do not have an identity card or have a recent history of violence, can still be arrested for smoking in public places.
However, de Blasio said that he is still studying the effects of legalization in other states. Previously, his wife admitted that she had used marijuana in her youth, and hopes that her use will be regulated.
Efforts to decriminalize in the city
In Manhattan and Brooklyn, convictions for possession of marijuana have fallen sharply since the relevant district attorneys decriminalize. Beginning with 1 in August, Manhattan District Attorney Cyrus Vance Jr. stopped prosecuting marijuana possession and smoking with two exceptions: other than those who have 10 and more marijuana packages for sale, and those who demonstrate a public threat.
In addition, around 3000 criminal cases involving marijuana and administrative offenses, up to 1978, were closed. Vance's office said that 79% of these cases concerned colored people.
Brooklyn District Attorney Eric Gonzalez has continued a pilot program that has largely reduced marijuana arrests. The number of cases accepted for prosecution in Brooklyn fell from 349 in January to 29 in June—a 91% decline. Manhattan saw a similar decline, with marijuana prosecutions dropping 1% from Oct. 31 to Oct. 94.
“It’s time for New York State to legalize, regulate and expunge,” Vance said. “District attorneys in Brooklyn, St. Louis, Philadelphia and Manhattan have shown that they can safely eliminate the unnecessary collateral consequences associated with marijuana criminalization. But this is not just a matter for district attorneys to decide—only our Legislature can do justice to all 62 counties in New York State...”
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