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NY Legislators Reach Deal to Fast Track Legalization

NY Legislators Reach Deal to Fast Track Legalization

New York cannabis legalization is on the fast track to being signed into law

New York is ready to legalize recreational marijuana.

The state would impose special pot taxes and prepare to license dispensaries under an agreement reached by Gov. Andrew Cuomo and legislative leaders.

“It is my understanding that the three-way agreement has been reached and that bill drafting is in the process of finishing a bill that we all have said we support,” state Senate Finance Committee Chair Liz Krueger told Bloomberg Government on Wednesday.

 
 

The deal that legislative leaders brokered with Cuomo (D) would legalize cannabis use for adults 21 years old and up, and includes a 13% sales tax, 9% of which would go to the state and 4% to the localities, Krueger said. Distributors additionally would collect an excise tax of as much as 3 cents per milligram of THC, the active ingredient in cannabis, with a sliding scale based on the type of product and its potency.

No changes would be made to the taxes already imposed on marijuana sold for medical purposes, Krueger said.

The governor’s office estimates that a legal cannabis program could pull in about $350 million a year once fully implemented.

Sales could begin as soon as one year after enactment, said Krueger, who sponsored legislation (A.1248/S.854) with Assembly Majority Leader Crystal Peoples-Stokes (D) that was a starting point for the negotiations.

With New Jersey legalizing marijuana earlier this year, “we are literally surrounded geographically by other states that are doing it. We just need to stay ahead of the times,” Peoples-Stokes said in an interview. “Because we’re New Yorkers, we can walk and chew gum at the same time. We can speed this up.”

Cuomo earlier Wednesday said an agreement was close, and that it’s one of his budget priorities. Krueger said she expects lawmakers to vote on stand-alone legislation as soon as next week.

Legislative leaders want to separate the marijuana and budget debates, a strategy that gives them the upper hand on determining pot policy.

Neighborhood Programs

The proposed recreational marijuana tax structure is similar to the one levied on alcohol, Krueger said.

Tax revenue would first go to covering cannabis-related expenses at state agencies overseeing the regulation of cannabis, with the rest divided among programs to help people rebuild their lives after marijuana possession arrests; to help neighborhoods; education; and drug treatment.

“We understand the ramifications of decades of incarceration of a people that actually ends up costing us, as a government, money,” Peoples-Stokes said. “This community reinvestment could reverse that whole dynamic. We could reinvest in people’s lives.”

Putting those programs into the legalization law will mean that Cuomo wouldn’t be able to count on that burst of new revenue to close a $2.5 billion budget hole anticipated in the next fiscal year.

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Bipartisan Bill Seeks to Guarantee Cannabis Insurance Services

Bipartisan Bill Seeks to Guarantee Cannabis Insurance Services

A bipartisan cannabis insurance bill has been introduced in the Senate

A bipartisan bill to guarantee insurance services within the cannabis industry was introduced last week in the U.S. Senate. The legislation, aptly named the Clarifying Law Around Insurance of Marijuana (CLAIM) Act of 2021, is sponsored by Bob Menendez (D-NJ), Rand Paul (R-KY), and Jeff Merkley (D).

According to a press release from Sen. Menendez’s office, the bill was introduced in response to the fact that only six states in the U.S. still lack some form of medical or adult-use cannabis law. However, due to cannabis’s designation as a Schedule I narcotic under the Controlled Substances Act, these otherwise legal businesses are not generally insurable.

Rep. Nydia M. Velazquez (D-NY) introduced a companion bill in the House of Representatives on Monday, her office announced in a press release.

The voters in New Jersey spoke loud and clear this November when they overwhelmingly approved of recreational marijuana use, the governor and state legislature have acted, and now it’s time for the federal government to take the shackles off of state-authorized cannabis businesses, allowing this burgeoning industry to thrive.” — Sen. Menendez, in a statement

The CLAIM Act would allow cannabis firms in states with adult or medical cannabis to obtain insurance products like workman’s compensation, property, casualty and title insurance, the press release says. The Act has both private and public stipulations designed to protect insurers as well as the insured.

“Current federal law prevents these small business owners from getting insurance coverage, and without it, they can’t protect their property, employees or customers,” said Sen. Menendez. “Our legislation simply levels the playing field for legal cannabis businesses, allowing them to fully operate just as any other legal small business would by permitting insurance companies to provide coverage to these enterprises without risk of federal prosecution or other unintended consequences.”

The proposal is particularly timely as the House and Senate are set to reconsider the widely popular SAFE Banking Act, which would legalize the cannabis industry’s access to traditional banking and other financial services.

Virginia Governor Approves Medical Cannabis Flower Bills

Virginia Governor Approves Medical Cannabis Flower Bills

medical cannabis flower was just legalized in Virginia

Democratic Governor Ralph Northam signed legislation, House Bill 2218 and Senate Bill 1333, amending the state’s medical cannabis access law to allow for the production and dispensing of botanical cannabis products. The measure takes effect July 1, 2021 and products are anticipated to be available as early as September.

Under the state’s existing medical marijuana law, licensed cultivators were required to process cannabis into non-herbal formulations, such as oils and tinctures. The new measure expands the pool of legal products to include those composed either of “cannabis oil or botanical cannabis.”

NORML’s Jenn Michelle Pedini, who also serves as the Executive Director for Virginia NORML, praised the legislation. “Medical cannabis flower remains the most popular formulation among consumers and among older consumers in particular. Limiting patients’ options to extracted oral formulations is not in their best interests. Botanical cannabis contains more than 100 distinct cannabinoids, many of which act synergistically with one another, producing an effect many scientists believe is necessary in order for patients to achieve maximum therapeutic benefit.”

Medical cannabis dispensaries began operating in Virginia in the fall of 2020.  If the pending legislation is approved, dispensaries are anticipated to have medical cannabis flower available for registered patients as early as September 2021.

An operational improvements bill, House Bill 1988, was also signed by Governor Northam, to ensure patients in hospice and other residential facilities are able to access medical cannabis, and makes permanent improved telehealth allowances adopted during the public health crisis.

Separate legislation seeking to legalize the possession of marijuana by adults and license its retail sale awaits action by Governor Northam, who continues to offer his public support for the legislation, which is backed by 68 percent of Virginians.

New York Legal Cannabis on Verge of Passing

New York Legal Cannabis on Verge of Passing

new york legal cannabis could be legal soon

The Legislature is on the precipice of passing a measure legalizing adult-use recreational marijuana in the Empire State, New York State Senate Majority Leader Andrea Stewart-Cousins said Tuesday.

Lawmakers are likely to reach a cannabis consensus and act on a stand-alone bill as soon they address lingering concerns about traffic stops and safety, Stewart-Cousins acknowledged.

We are extremely close. We have reached a little bit of an impasse right now and it has to do with impaired driving,” the Yonkers Democrat said during a video news conference. “We’re trying to figure a way forward so there can be some understanding of safety.”

At issue is whether to continue to treat driving while impaired by marijuana as a misdemeanor or a traffic infraction.

Earlier in the day, Sandra Doorley, Monroe County District Attorney and president of the state’s district attorneys association, outlined some of the qualms coming from law enforcement.

“The classification of driving under the influence of cannabis as a traffic infraction would send the message to the driving public that driving while impaired is no big deal and will be treated the same as a speeding ticket,” Doorley said. “Further, driving while impaired by marijuana obviously endangers all of our residents and visitors.”

Democrats in both the Senate and Assembly dropped marijuana from their budget proposals this week, an indication that lawmakers are nearing a deal on long-stalled efforts to allow New Yorkers to legally spark up.

Past attempts to approve pot have repeatedly gone up in smoke due to discrepancies over revenue, local opt-ins and expungement of past pot arrests. While Gov. Cuomo has included legal marijuana in his own budget proposals the past two years, he and lawmakers have failed to see eye to eye on equity and the allocation of revenue.

Lawmakers have sought to spend a lion’s share of the tax revenue on minority communities where the state’s drug laws have been disproportionately enforced, while Cuomo has sought greater state control of the funds.

 
Virginia Becomes 16th State to Legalize Cannabis

Virginia Becomes 16th State to Legalize Cannabis

Virginia legalized cannabis marijuana joining 15 other states in the United States

The Virginia Legislature approved adult-use marijuana legalization Saturday in a historic vote marking the first state in the Old South to embrace full legalization.

The House passed the measure in a 48-43 vote, and the Senate approved it in a 20-19 vote. Not a single Republican voted for the bill in either chamber.

 

“This, to me, is a justice bill,” Del. Charniele Herring, a sponsor of the legalization bill and the Democratic majority leader said on the floor. “While it has its flaws and it’s not the perfect bill…I think this moves us a step in the right direction.

The vote came after a conference committee struck a deal on Saturday to reconcile different versions of the bill that passed in both chambers earlier this month.

The impact: Virginia is the 16th U.S. state to pass an adult-use marijuana legalization law, though sales would not start until 2024. Only two other states — Illinois and Vermont — have passed legislation to legalize, tax and regulate recreational marijuana through the legislature.

The move puts pressure on neighboring states such as Maryland, where an adult-use legalization bill got its first hearing this month. New Jersey also recently enacted legalization, after voters overwhelmingly backed a referendum in November.

What’s next: Democratic Gov. Ralph Northam has championed legalization as a racial justice issue.

Under the compromise legislation, marijuana possession would not become legal until January 2024, when regulated sales are scheduled to start. The state would start setting up a marijuana regulatory agency this July.

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