AP Exclusive: NYC Comptroller Liu wants Marijuana Legalized

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New York City Comptroller John Liu is proposing a historic overhaul of the city’s marijuana laws, believing that legalizing medical marijuana and allowing adults to possess an ounce of pot for recreational use would pump more than $400 million into the city’s coffers.

The sweeping change, which would put New York at the forefront of a growing national debate over use of the drug, calls for recreational marijuana to be regulated and taxed like alcohol and tobacco.

Liu, the city’s top financial officer who is also running for mayor, commissioned a report that finds that New York City has a $1.65 billion marijuana market. If a 20 percent excise tax and the standard 8.875 percent city sales tax is imposed on the pot sales, it would yield $400 million annually in revenue, Liu believes. Another $31 million could be saved a year in law enforcement and court costs.“It is economically and socially just to tax it,” Liu told the Associated Press in an interview Tuesday. “We can eliminate some of the criminal nature that surrounds the drug and obtain revenue from it.”

The comptroller’s plan, which likely faces stiff opposition from state lawmakers who would have to authorize it, calls for the state to oversee private businesses selling pot. Licenses would be required, fees would be charged, and using the drug in public or while driving would be prohibited.

Liu’s team calculated that 900,000 city pot smokers spend about $2,000 a year on the drug. He is calling for the revenue surge to be used to reduce tuition at the City University of New York for city residents.

Twenty states and the District of Columbia currently permit medicinal marijuana. Two states, Washington and Colorado, last year voted to allow recreational marijuana for adults.

Officials in both states predicted that the change would be create a surge in revenue — up to $60 million annually in Colorado alone, according to supporters there. But while it is too soon to evaluate the exact economic ramifications in those states, experts do believe that the city budget would be bolstered by a similar measure.

“Now, people selling the product are doing it under the table and aren’t paying any taxes on it,” said Carl Davis, Senior Analyst at the Institute on Taxation and Economic Policy. “That would change. And, it stands to reason, people would also start legally producing it locally, so there would be economic benefits there too.”

One of the nation’s leading pro-marijuana industry groups applauded Liu’s proposal.

“We recognize that marijuana is better sold behind the counter than on the streets,” said Betty Aldworth, deputy director of the National Cannabis Industry Association.

But neither Liu nor any city official has the authority to decriminalize marijuana; that can only be done by a law that passes the state legislature and is then signed by Gov. Andrew Cuomo.

Cuomo has steadfastly opposed any decriminalization efforts and is seen as unlikely to waver from that stance, particularly as he approaches a re-election campaign next year. The Republicans who share majority control of the Senate have also opposed decriminalization proposals. Neither Cuomo nor the Senate GOP leadership would comment on Liu’s proposal.

Mayor Michael Bloomberg, whose support could sway minds in Albany, has also long opposed efforts to legalize marijuana. His top spokesman declined comment on Liu’s proposal.

Liu is currently placing fifth in Democratic mayoral polls.

Sal Alabanese, a longshot Democratic mayoral candidate, has also called for legalizing marijuana.

Copyright 2013 The Associated Press.

Link: http://www.washingtonpost.com/national/ap-exclusive-nyc-comptroller-liu-wants-marijuana-legalized/2013/08/13/d95acebe-0491-11e3-bfc5-406b928603b2_story.html

New Stricter State Proposal Would Allow MMJ

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Lawmakers have introduced a measure with stricter provisions than past failed efforts to legalize marijuana sales to New Yorkers who have a “severe debilitating or life-threatening’’ health condition.

The new bill, which ends such past ideas as letting people grow their own marijuana, would have the state Health Department regulate the process, which would include allowing a certain number of private for-profits or not-for-profits to grow the plants and sell the drug under new security protocols to patients with treatment plans approved by a physician, physician’s assistant or nurse practitioner.

The measure was introduced by its past sponsors, Assemblyman Richard Gottfried, a Manhattan Democrat, and Sen. Diane Savino, a Staten Island Democrat. Savino has more political power this year as one of five breakaway Democrats who jointly run the Senate with Republicans.

The bill has 68 co-sponsors, including 10 Senate Democrats. It has previously sailed through the Assembly.

Gov. Andrew M. Cuomo has opposed the idea of medical marijuana legalization, though advocates believe he could be flexible, especially since he is already promoting a plan to relax marijuana possession laws. Eighteen states and the District of Columbia have medical marijuana laws.

Advocates say the measure will more strictly regulate the drug than prescription painkillers; patient advocates in the past have said marijuana will be cheaper, less addictive and less dangerous than many of the painkiller prescriptions they take.

The bill defines those eligible to be certified by the Health Department to obtain marijuana as someone with a “serious’’ health condition, including cancer, glaucoma, multiple sclerosis, spinal cord injuries, epilepsy, diabetes, post-traumatic stress syndrome and others.

The patient would have to be under a doctor’s supervision. Patients who a doctor believes have less than a year to live also would be eligible to buy the drug. Medical marijuana also would be listed as one of the covered drugs on a new state prescription drug tracking system intended to reduce doctor and pharmacy shopping by addicts.

Marijuana could be grown and dispensed by hospitals, for-profit companies and not-for-profit corporations, and an excise tax would be imposed on the facilities, with part of the proceeds shared with local “host’’ communities.

“The bill is much more restrictive than the New York laws regulating highly dangerous drugs like morphine, Oxycontin or Valium,’’ Gottfried said.

“Anybody who ever had a family member suffer from a debilitating disease learns very quickly the limitations of modern medicine at treating pain,’’ added Savino.

The bill’s backers include the American Public Health Association, American Bar Association, New York State Nurses Association, Pharmacists Society of the State of New York, New York AIDS Coalition, the Independence Party of New York and the Drug Policy Alliance.

Critics, including some Senate Republicans and the state Conservative Party, have said marijuana could be diverted by patients to others not eligible for the drug and that the plan sends the wrong message, especially to teenagers, about a drug some call a gateway to stronger drugs.

Source: Buffalo News (NY)
Author: Tom Precious, News Albany Bureau
Published: March 28, 2013
Copyright: 2013 The Buffalo News
Contact: [email protected]
Website: http://www.buffalonews.com/

New Stricter State Proposal Would Allow MMJ

posted in: Cannabis News 0

Lawmakers have introduced a measure with stricter provisions than past failed efforts to legalize marijuana sales to New Yorkers who have a “severe debilitating or life-threatening’’ health condition.

The new bill, which ends such past ideas as letting people grow their own marijuana, would have the state Health Department regulate the process, which would include allowing a certain number of private for-profits or not-for-profits to grow the plants and sell the drug under new security protocols to patients with treatment plans approved by a physician, physician’s assistant or nurse practitioner.

The measure was introduced by its past sponsors, Assemblyman Richard Gottfried, a Manhattan Democrat, and Sen. Diane Savino, a Staten Island Democrat. Savino has more political power this year as one of five breakaway Democrats who jointly run the Senate with Republicans.

The bill has 68 co-sponsors, including 10 Senate Democrats. It has previously sailed through the Assembly.

Gov. Andrew M. Cuomo has opposed the idea of medical marijuana legalization, though advocates believe he could be flexible, especially since he is already promoting a plan to relax marijuana possession laws. Eighteen states and the District of Columbia have medical marijuana laws.

Advocates say the measure will more strictly regulate the drug than prescription painkillers; patient advocates in the past have said marijuana will be cheaper, less addictive and less dangerous than many of the painkiller prescriptions they take.

The bill defines those eligible to be certified by the Health Department to obtain marijuana as someone with a “serious’’ health condition, including cancer, glaucoma, multiple sclerosis, spinal cord injuries, epilepsy, diabetes, post-traumatic stress syndrome and others.

The patient would have to be under a doctor’s supervision. Patients who a doctor believes have less than a year to live also would be eligible to buy the drug. Medical marijuana also would be listed as one of the covered drugs on a new state prescription drug tracking system intended to reduce doctor and pharmacy shopping by addicts.

Marijuana could be grown and dispensed by hospitals, for-profit companies and not-for-profit corporations, and an excise tax would be imposed on the facilities, with part of the proceeds shared with local “host’’ communities.

“The bill is much more restrictive than the New York laws regulating highly dangerous drugs like morphine, Oxycontin or Valium,’’ Gottfried said.

“Anybody who ever had a family member suffer from a debilitating disease learns very quickly the limitations of modern medicine at treating pain,’’ added Savino.

The bill’s backers include the American Public Health Association, American Bar Association, New York State Nurses Association, Pharmacists Society of the State of New York, New York AIDS Coalition, the Independence Party of New York and the Drug Policy Alliance.

Critics, including some Senate Republicans and the state Conservative Party, have said marijuana could be diverted by patients to others not eligible for the drug and that the plan sends the wrong message, especially to teenagers, about a drug some call a gateway to stronger drugs.

Source: Buffalo News (NY)
Author: Tom Precious, News Albany Bureau
Published: March 28, 2013
Copyright: 2013 The Buffalo News
Contact: [email protected]
Website: http://www.buffalonews.com/

Marijuana Law In New York The ‘Dumbest Drug Law’

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Juan Gomez-Garcia was standing outside a Bronx Kentucky Fried Chicken on May 16, 2012, waiting for his order to be prepared, when a police officer approached and asked him if he had any drugs.

The 27-year-old says he admitted to carrying some marijuana, at which point the cop reached inside his pocket and pulled out a ziploc bag containing weed. Months earlier, Police Commissioner Ray Kelly issued a memo to New York City cops: “A crime will not be charged to an individual who is requested or compelled to engage in the behavior that results in the public display of marijuana.”

The directive– considered an attempt to curb the growing amount of low-level marijuana arrests in New York City– did not spare Gomez-Garcia from being cuffed outside KFC.

Under a current New York law– which Reason this past week crowned as the nation’s “Dumbest Drug Law”– possession of 25 grams or less of marijuana shouldn’t result in arrest unless it’s “burning or in public view.” Rather, it’s considered a violation with a punishment comparable to a parking ticket.

The law allows the NYPD, however, to ask the hundreds of thousands they stop on the streets each year (87 percent of whom, in 2011, were black or Latino) to empty their pockets.

When the marijuana comes out of the pocket, it becomes “in public view,” and they can make an arrest. Additionally– as in Gomez-Garcia’s case– cops will often bring the drugs into “public view” during a stop-and-frisk.

According to a lawsuit filed by the Legal Aid Society against the NYPD, Gomez-Garcia’s encounter with the officer resulted in an arrest. He was held in a jail cell for 12 hours– during which time he pleaded with a sergeant that he should only be getting a ticket– before being charged with “in public view” possession and pleading guilty to a charge of disorderly conduct.

Thousands of such arrests across the city, the lawsuit claims, highlight the ineffectiveness of Kelly’s September, 2011 memo. Steven Banks, a Legal Aid lawyer, presented City Council with statistics proving Kelly’s order was being ignored by rank-and-file cops.

From The New York Times:

In August 2011, 4,189 people were arrested in New York City for misdemeanor marijuana possession, Mr. Banks said. While the arrests dipped below 3,000 in December, “the decline was only temporary”, he said, adding that by March, the number of arrests had risen to 4,186

In June, Governor Andrew Cuomo proposed a bill to decriminalize public possession of small amounts of marijuana, which would have essentially codifed Kelly’s memo into law. The measure enjoyed the support of Ray Kelly himself, Mayor Michael Bloomberg, all five District Attorneys from all five boroughs, the Patrolmen’s Benevolent Association, and numerous civil rights groups.

After all, the combination of the “in public view” law with the NYPD’s controversial use of stop-and-frisks had turned New York City into one of the marijuana arrest capitals of the United States, if not the world.

From a report by the Drug Policy Alliance:

In the last decade since Michael Bloomberg became mayor, the NYPD has made 400,038 lowest level marijuana possession arrests at a cost of $600 million dollars. Nearly 350,000 of the marijuana possession arrests made under Bloomberg are of overwhelmingly young Black and Latino men, despite the fact that young whites use marijuana at higher rates than young Blacks and Latinos.

In the last five years, the NYPD under Bloomberg has made more marijuana arrests (2007 to 2011 = 227,093) than in the 24 years from 1978 through 2001 under Mayor Giuliani, Mayor Dinkins, and Mayor Koch combined (1978 to 2001 = 226,861).

City Councilman Jumaane Williams was troubled by the report, saying, “This data shows that Commissioner Kelly’s memorandum is not being enforced. For instance, the 240% increase in arrests in the last week of 2011 compared to the same period in 2010 is highly troubling. It also seems that much of this rise is occurring in police precincts which cover communities of more color, such as the 67th and the 70th in my district. What these statistics prove is that legislative action is needed to codify the memorandum once and for all.”

But alas, the same month as it was proposed, the bill was struck down by Republicans in the State Senate. “We do not support decriminalization,” Senator Dean Skelos, a Long Island Republican, told The Times. Skelos had previously said of the bill, “Just being able to walk around with 10 joints in each ear and it would only be a violation, I think that’s wrong.”

Cuomo spokesman John Vlasto responded to Skelos’s comment, saying, “Carrying 10 joints in each ear would require some set of ears.” He then added, “We look forward to working these issues through with the Senate in order to end an injustice that has been allowed to go on for too long.”

It remains unclear, however, if Cuomo and Senate Republicans can or will come to an agreement.

For now, it seems marijuana arrests in New York will be an issue for the courts to decide.

HuffPost Live will be taking a comprehensive look at America’s failed war on drugs August 28th and September 4th from 12-4 pm ET and 6-10 pm ET.

Click here to check it out — http://live.huffingtonpost.com/ — and join the conversation.

Source: Huffington Post (NY)
Author: Christopher Mathias
Published: August 28, 2012
Copyright: 2012 HuffingtonPost.com, LLC
Contact: [email protected]
Website: http://www.huffingtonpost.com/