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The Bronx Defenders and the Bronx Community Foundation Join Community Leaders and Elected Officials to Launch The Bronx Cannabis Hub

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New Resource Will Help Those Harmed By The War On Cannabis

To Participate In The Legal Cannabis Industry 

NEW YORK: The Bronx Defenders and The Bronx Community Foundation, along with U.S. Senator Chuck Schumer, New York State Senator Gustavo Rivera, and Bronx Borough President Vanessa L. Gibson, joined Bronx community leaders – including the Drug Policy Alliance, Mothers on the Move, 1 Freedom For All, TakeRoot Justice, and All That Jive NYC – who have spent decades fighting for cannabis legalization and undoing the decades of harm caused by its criminalization, to announce the launch of The Bronx Cannabis Hub.

“As public defenders, we have seen first-hand the impact marijuana criminalization and its racist enforcement by the NYPD has had on the people in the Bronx,” said Justine Olderman, Executive Director of The Bronx Defenders. “For decades, a single marijuana arrest could result in a person losing their job, healthcare, home, and even separation from their children and deportation from their families. Now that cannabis is legal, a new economy is taking shape, and the communities most harmed by this failed drug war must be at the forefront. We are proud to join The Bronx Community Foundation and our other partners today to launch The Bronx Cannabis Hub, a new resource that will provide critical training, guidance, and legal support to turn historical harm into economic opportunity.”

“Communities of color in The Bronx have suffered disproportionately from the harms of cannabis prohibition, from arrest and incarceration to job loss and eviction,” said Desmon Lewis, Co-Founder of The Bronx Community Foundation. “The Bronx Community Foundation is proud to partner with The Bronx Defenders on The Bronx Cannabis Hub, a first-of-its-kind initiative that will right some of these historic wrongs, by helping our communities to participate in the new, legal cannabis industry. In doing so, The Hub will further The Foundation’s goals of advancing neighborhood stability, solving systemic and institutional challenges, and building generational wealth.”

The Bronx Cannabis Hub is a new resource designed to give Bronx residents harmed by decades of cannabis prohibition the means to participate in the new, legal cannabis industry. A project of The Bronx Defenders in partnership with The Bronx Community Foundation, the Hub also aims to work in coalition with Bronx-based community organizations to educate, engage, and advocate for Bronxites in the cannabis industry. The Hub will also launch a clinic in partnership with cannabis legal expert Cristina Buccola, Esq., in tandem with pro bono law firms and support from the New York Cannabis Project, to assist eligible candidates with the licensing process and create educational programming.

“We are thrilled to see the launch of the Bronx Cannabis Hub as a true community resource supporting social equity in New York’s legal cannabis landscape. During the decade-long fight to pass the Marijuana Regulation and Taxation Act we were clear that the people and communities most impacted by devastating enforcement of the marijuana arrest crusade should be those to benefit from the legal industry. The Bronx Cannabis Hub will be a crucial part of fulfilling that shared vision and opening up opportunities and avenues for community members – especially those who have been directly impacted – to thrive in New York’s new green era,” said Kassandra Frederique, Executive Director, Drug Policy Alliance.

“The cannabis economy will give black and brown communities a chance to build generational wealth as we heal from the war on drugs and poverty,” said Wanda Salaman, Executive Director of Mothers on the Move. “Marijuana is a plant many of our ancestors traditionally used for healing. We are happy to partner on The Bronx Cannabis Hub to make sure those most impacted benefit the most.”

“We support community-led efforts. And the work we are set out to do with this hub will bridge the wealth gap created by the “war on drugs” (a.k.a the war on black and brown people), and it will create transgenerational wealth to those same BIPOC communities devastated by this fake war. FREE THE PLANT, FREE THE PEOPLE!,” said Hector Gerardo, Executive Director of 1 Freedom For All.

“The mission is to support people who have been the most impacted, who want to be educated on the plant and/or interested in entering the legal marijuana industry and directing the economic benefits of the marijuana industry back into our communities that have been violently targeted and devastated by the Drug War.  Only true democracy will achieve the progressive change we need, especially in this “new” industry, and we look forward to supporting the community/families as they rebuild the livelihood that was taken from them because of outdated racist policies,”said Pilar DeJesus Senior Advocacy Coordinator at TakeRoot Justice.

‘It’s an honor to work on righting some of the harms caused by the War on Drugs by lending my expertise as an attorney and educator to The Bronx Cannabis Hub,” said Cristina Buccola, Esq., a Founding Collaborator. “I’m thrilled to be a part of this program to develop top-tier educational programs and vetted legal services for New Yorkers who’ve experienced the greatest disparate impact due to cannabis enforcement.”

“For far too long, the criminalization of cannabis and the War on Drugs has ravaged Black and Brown communities throughout New York – divesting millions of dollars from these communities through the racially disproportionate enforcement of marijuana laws,” said Akele Parnell, New York Cannabis Project. “Now, as cannabis prohibition comes to an end, New York is on the verge of launching a multi-million dollar cannabis industry, and it’s critical that the communities most harmed by cannabis prohibition are at the forefront of this new industry. The Bronx Cannabis Hub will provide critical training, information, resources, and support to those disproportionately impacted by the War on Drugs who are looking to enter the regulated cannabis industry.”

When New York passed the Marihuana Regulation and Taxation Act (MRTA) last year, it did more than just legalize adult recreational cannabis use and pave the way for a regulated cannabis industry in New York – it also committed to repairing the historical harms of cannabis prohibition and guaranteeing fair and equitable access to the new cannabis economy in three distinct ways:

  • Automatic expungement of past cannabis convictions;
  • Community investment (40% of tax revenue from cannabis sales invested back into communities disproportionately impacted by cannabis arrests); and
  • Social equity in licensing.

Social equity in licensing means that those most harmed by the war on cannabis should be first in line to get licenses to participate in the new, legal market.

“The Bronx Cannabis Hub will catalyze a new generation of cannabis entrepreneurs in a borough that bore the burdens and injustices of the War on Drugs. It is an example for New York and the nation – paving the way for communities and individuals to seize the opportunity for renewal marijuana reform provides,” said U.S. Senator Chuck Schumer.

“I am so proud that respected, trusted Bronx leaders are stepping up to provide free application assistance for cannabis licenses. The Bronx is deeply impacted by overcriminalization and aggressive enforcement of a failed war on drugs, so it’s high time that our community benefit first from economic opportunities in the cannabis economy,” said State Senator Gustavo Rivera, 33rd District, The Bronx. “I’m thrilled to support these efforts to ensure that justice-involved and impacted community members can obtain licenses and generate wealth for our neighborhoods.”

“Once underground, the cannabis industry is coming into the light, and it is important that our borough take full advantage of the social and economic benefits to our communities,” said Bronx Borough President Vanessa L. Gibson. “I want to thank The Bronx Defenders and The Bronx Community Foundation for putting equity and social justice in the forefront through their launch of The Bronx Cannabis Hub to educate and empower our residents through this process. The legalization of cannabis is a first step towards undoing the damage caused by years of disproportionate mass incarceration and prosecution of Black and Hispanic New Yorkers, who have suffered under unfair drug laws and policies in our country.”

New York is now set to start handing out these licenses, and the state has made clear that the first 100-200 retail dispensary licenses (Conditional Adult-Use Retail Dispensary or “CAURD licenses”) are reserved for individuals who have a cannabis-related arrest or who have a close family member with such an arrest.

Unfortunately, the application process is complicated, and there are bad actors who have emerged to take advantage of this by charging exorbitant fees and entering into predatory contract agreements. After consulting with community groups, staff, elected officials, and coalitions in this space, it became clear that for these social equity provisions to work, there needs to be non-predatory resources and support to help Bronxites apply for these licenses.

One of the first orders of business for the Hub will be to help screen potential candidates for eligibility for the CAURD licenses. On Wednesday, July 20, the Bronx Community Hub held its first educational webinar to discuss how to navigate applying for a license and explaining how the Hub plans to support Bronx-based community leaders to keep the state accountable.

New York State Debuts Nation’s First Broadcast Cannabis Advertisement Focused on Social Equity

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Public Service Advertisement Highlights Comprehensive Approach Being Taken by the State to Ensure Diversity in the New Industry

Raises Awareness on Historical Disproportionate Enforcement as New York Builds Adult Use Industry Centered on Addressing Harms Caused by Prohibition

 

NEW YORK: The New York State Office of Cannabis Management (OCM) has released a public service advertisement to debut tonight during game one of the NBA Finals calling attention to the state’s goals of creating a diverse and inclusive industry and repairing harm d one during cannabis prohibition. 

New York State has already expunged or suppressed almost 400,000 convictions for cannabis offenses and the OCM has launched a national model for prioritizing applicants impacted by the enforcement of cannabis prohibition through its Seeding Opportunity Initiative . Announced by Governor Hochul on March 10, 2022, the Initiative positions successful businesses owners with a cannabis conviction, or their family members, to be the first to make adult– use cannabis retail sales i n New York with products grown by New York farmers.

The Marijuana Regulation and Taxation Act (MRTA), New York’s Cannabis Law, enacted March 31, 2021, sets a goal of delivering 50% of licenses to equity applicants, a group that includes individuals from communities highly impacted by the over criminalization of cannabis prohibition, including those with cannabis convictions, as well businesses owned by minorities and women, service-disabled veterans, and distressed farmers. The law was built on the premise that the racial disparity in enforcement caused sign ificant harms to these communities and those who call them home. The MRTA prioritizes addressing the harms of disparate arrests and generates resources to help revitalize communities hit hardest by the disproportionate enforcement of cannabis prohibition.

The advertisement released today is the first cannabis-related advertisement in the nation focusing on the disproportionate enforcement of cannabis prohibition to appear on broadcast television. It highlights the wide disparity in arrest rates for cannabis offenses for Black, Brown, and White New Yorkers during the 30 years prior to cannabis legalization. It states that Black people in New York were 15 times more likely to get arrested for cannabis than White people over the last 30 years; Latinos were 8 times more likely. Despite these disparities, data has shown that cannabis use among different races is essentially the same. The data points are based on New York State arrest data from 1990data from the U.S. Department of Health an 2020 and population d Human Services, Centers for Disease Control and Prevention, National Center for Health Statistics.

In sharing historical arrest data, the public service advertisement raises awareness of racial disparities in marijuana arrests and directs New Yorkers to cannabis.ny.gov where they can also learn about New York’s developing cannabis industry.

View the advertisement here. 

 

NY State Senator Cooney Introduces Tax Bill to Allow Licensed Cannabis Business Owners to Deduct Business Expenses

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NEW YORK:  Senator Jeremy Cooney (D-Rochester) introduced legislation that will allow future NYS licensed adult-use cannabis businesses to deduct business expenses when filing state taxes. These deductions are standard for existing non-cannabis businesses across the state. 

The recently enacted Marijuana Regulation and Taxation Act (MRTA) legalized recreational adult-use cannabis, and provides a structure to allow New York State (through the Office of Cannabis Management) to license proprietors to legally conduct business in this new industry. However, section 280E of the U.S. Internal Revenue Code prohibits these licensed businesses from making deductions or account for expenses that come with running a business, while filing state taxes. These restrictions result in taxing cannabis enterprises at a higher rate than businesses in other industries in New York. The higher than average taxes will create an unnecessary barrier to entry and discourage or disqualify equity candidates and legacy market participants from joining the new legal market.

Senate Bill S.7518 will amend the state tax law to allow cannabis enterprises licensed by New York State to deduct ordinary and necessary business expenses. The legislation will provide tax equity to licensed businesses in the emerging industry and aims to prevent the new economy from being dominated by large corporations who can afford to pay the higher tax rates. This Bill was modeled after similar legislation in the State of California (AB-37), which passed in October of 2019.

 Senator Jeremy Cooney: 

The MRTA was crafted with a focus on equity at all stages of implementation in the new recreational adult-use cannabis market. We must ensure that this focus includes licensing and taxation of these new businesses is top of mind while we create the foundations of this new sector of the economy. I am proud to sponsor legislation that will create a more equitable taxation system to allow more small business owners and entrepreneurs to participate in the new cannabis market.”

 Allan Gandelman, Executive Founder, NYCGPA:

“The New York Cannabis Growers & Processors Association fully supports Senator Cooney’s efforts to correct this prohibitionist tax law. Amending section 280E of the Internal Revenue Code is a crucial step in achieving New York’s goal of creating a truly equitable, accessible and opportunistic cannabis industry for upstate farmers and locally-owned and family-owned businesses. Without this amendment, New York’s adult-use market could become dominated by large multi-state operators who can afford to pay the higher tax rates and business costs. In order for the state’s adult-use market to reach its full and true potential, New Yorkers need to be positioned to succeed in the legal market and the effective tax rates that cannabis businesses would currently face is a significant hindrance. There is much to be optimistic about for New York’s legal market, but we must continue to be accountable and do the necessary work to establish an industry that is reflective of our state and the goals set out in the MRTA.”

Bob Duffy, President & CEO, Greater Rochester Chamber of Commerce: 

“If New York State hopes to be a leader in this emerging industry, we must acknowledge the reality: outrageous taxes will discourage entry and participation in the market, cause dollars to exit our State for more competitive opportunities, and lead to an exacerbated black market that poses real dangers for our communities. I applaud Senator Cooney for leading the effort to ensure New York encourages entrepreneurship, equity, and economic vitality by sponsoring this measure.”

 Anthony M. Gaddy, Co-Founder & President/CEO, Upstate NY Black Chamber of Commerce (A U.S. Black Chamber):

“Financing and expenses should not create additional barriers for equity applicants, especially seeking to enter the cannabis industry, especially when considering how the failed ‘War on Drugs’ has already impacted the communities from which these new businesses will likely open. This new legislation will help these small businesses, especially Black-owned businesses, launch while also playing a pivotal role in helping equity applicants access this emerging economy.”

 Ken Pokalsky, Vice President, The Business Council of New York State:

“The Business Council supports this legislation as cannabis businesses operating under New York State law should not be barred by the Internal Revenue Code from taking advantage of state-level business expense deductions that are available to all other businesses. These companies should have equal access to state tax credits that promote in-state investments and job creation.”

 Steven Phan, Co-founder of Come Back Daily and Chair, Retail Committee, NYCGPA:

“For retail owners looking to break into the adult-use market, the potential effective tax rates we could deal with as a result of the 280E tax law, on top of the already-inflated rent and cost of doing business that exist in New York, could be a crippling hurdle for establishing a successful legal cannabis business. If the state truly wants to provide legacy market members, social equity applicants and diverse business owners with accessible opportunity in a legal market, Senator Cooney’s lead must be followed in amending this discriminatory law. If the cannabis industry is to be considered fully legitimate and legal in this state, it is absolutely imperative that this step be taken to lift yet another unfair barrier that will disproportionately phase out small business owners and individuals meant to be prioritized by the MRTA.”

 Glenna Colaprete, Owner, Glenna’s CBD & Spa:

“We have seen the inability to write off plant touching activities as a significant part of the barrier to entry in other states. If we truly want social and economic equity then this important legislation is paramount in order to help ensure this, especially for social equity applicants.”

 Kristin Jordan, CEO of Park Jordan, & the Founder and President of the Board of Directors of Asian Cannabis Roundtable:

“We have seen how taxation, as it stands in the cannabis market, ultimately creates inequity, stifles small business and props up the illicit market. This legislation allowing businesses to deduct expenses with the state is key to not only ensuring economic equity but that New York becomes synonymous with thriving entrepreneurship”

 Lauren Rudick, Partner/Co-Founder, Cannabis Law Practice at Hiller PC:

“Senator Cooney’s proposed amendment of this tax law is imperative to pushing forward New Yok’s key goals for its legal cannabis industry, particularly with regard to its goal of awarding 50% of cannabis business licenses to businesses which qualify as social and economic equity applicants.  Priority in licensing, however, means nothing if the business cannot be profitable, and 280E is a direct hindrance in profitability.  Section 280E of the Internal Revenue Code directly contradicts the MRTA’s vision of establishing an equitable and accessible adult-use market in New York. The existing tax laws stigmatize a completely legal industry and ostracize those the MRTA was designed to benefit, all while opening the door for large multi-state operators to swoop in and take on the costs small New York-owned businesses otherwise could not afford.”

NY Issues Cease and Desist Letters Sent to Suspected Violators Making Clear Cannabis Sales, Including “Gifting,” Are Only Allowed by Licensed Dispensaries

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Illicit Sales Must Stop Immediately or Risk Losing Their Ability to Get a License in the Legal Industry

NEW YORK:  The New York State Office of Cannabis Management (OCM) sent letters ordering businesses suspected of illegally selling cannabis, including the practice of “gifting,” to cease and desist those operations or risk the opportunity to get a license in the legal market as well as substantial fines and possible criminal penalties. The letters explain that while cannabis has been legalized for those aged 21 and over, selling it requires a license under the law.

Recent media reports have described business operators selling a product or service, including club memberships, to consumers and providing cannabis as a “gift” in return. This activity is illegal under the Marijuana Regulation and Taxation Act (MRTA). Through an initial investigation, the OCM has identified over two dozen alleged violators and sent letters to each educating them on the law and directing them to stop their illegal activity immediately.

“We have an obligation to protect New Yorkers from known risks and to strengthen the foundation of the legal, regulated market we are building.  We will meet the goals of the MRTA to build an inclusive, equitable and safe industry,” said Cannabis Control Board Chair Tremaine Wright.  “Therefore, these violators must stop their activity immediately, or face the consequences.”

“We want to make sure these operators fully understand the law and the consequences they face and now that these letters have been sent, we fully expect them to cease and desist their activities – if they don’t, we will take action,” said OCM Executive Director Chris Alexander. “New York State is building a legal, regulated cannabis market that will ensure products are tested and safe for consumers while providing opportunities for those from communities most impacted by the over criminalization of the cannabis prohibition, and illegal operations undermine our ability to do that. We encourage New Yorkers to not partake in illicit sales where products may not be safe and we will continue to work to ensure that New Yorkers have a pathway to sell legally in the new industry.”

No adult-use licenses have been issued in New York State to date. The only legal means of procuring, safe, tested cannabis products is through the Medical Cannabis Program, where becoming a patient requires getting certified from a medical provider.

Under the MRTA, OCM’s role is to enforce the rules it develops for the three prongs of the industry it oversees – the Medical Cannabis Program, the Cannabinoid Hemp Program, and the Ault-use Cannabis Program. The office works with governmental partners to enforce the law. A sample letter is available here.

 

Curved Papers Founder Highlights 2021 With Video Wrap Up

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By Michael O’Malley, Curved Papers Founder

NEW YORK: What a year to look back on, 2021, as was 2020. And if you can remember, 2019 was one we were dying to get out of. But thankfully last year was better than 2020, and 2022, though not a serene vision to look out over, promises to get better from here. It really has to.

Curved Papers saw good progress through 2021, and enjoyed some real highlights. Being a New York company, by a lifelong citizen, it was a thrill to see our state go legal. How it happened was dramatic, and because of our relationship with NORML, as licensees for our 100% organic hemp NORML Curved Papers, we were in the middle of it. With our Do The Right Thing, New York campaign, working with the local NORML Chapters to put the Seven Points About Legalization before the public at a critical time early in the year when everything changed after six years of striving. Then on 3/31/21, it happened. The Marijuana Regulation and Tax Act (MRTA) passed.

We celebrated on 4/20 in Union Square with Joints For Jabs, legally handing out 3000 joints, all rolled with love locally in Curved Papers. We enjoyed The NYC Cannabis Parade and participated joyfully as the heaviest NY pols shared the podium to celebrate and promise Federal legalization.

The middle of the year was dominated by the commencement of our first rollout to bodegas and corner stores across our home city of New York, the surrounding area, and out on Long Island. We celebrated our 420th store at the end of the year.

The country was back to life for a moment in the Fall, and we did a lot in that window of opportunity.

MJBizCon in Vegas and CWCBExpo at The Jacob Javits were pretty vital in person events at a time where both cities were at safe levels Covid-wise. Every meeting and party seemed like Christmas! Great to see everyone again.

The biggest highlight was the NORML FORML, our annual gala fundraiser for NORML in New York, on November 3rd, the eve of CWCBExpo. In the topsy turvy year ’21 was, CWCBExpo had moved to the Fall. This year it will be back in the Spring, 6/1/2022, and we’re hoping Keith Stroup will be there with us!

We’ve started a project collaborating with local NYC artists called Bodega Bars, and hundreds of artists have joined to compete for 12 videos we’ll make this year at our stores around the city. Bodega Bars Video 1, shot by Seannie Cameras, features the new song “Frank” by our first winning collaborating artist, Solo Jones (@Solo_Jones), drops 1/25

Please follow us on @curvedpapers on Instagram.

NYC NORML Issues Open Letter To Governor Cuomo Opposing Nomination of Executive Director of Cannabis Programs

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NEW YORK: Interim Executive Director of NYC NORML Ryan Lepore issued the following open letter to New York Governor Andrew Cuomo, detailing the advocacy group’s opposition to elevating Norman Birenbaum from Director of Cannabis Programs to Executive Director of the newly formed Office of Cannabis Management.

 

May 20th, 2021

We have recently learned of the intent to nominate New York’s current Director of Cannabis Programs, Norman Birenbaum to Executive Director of the incoming Office of Cannabis Management under our new Cannabis Law.  The legislative intent behind the legal passage of cannabis in New York will be abolished if this candidate is formally nominated and appointed into leadership roles of the incoming program, particularly  the role of Executive Director.

As a potential nominee for this integral position, Mr. Birenbaum’s regulatory history is plenteous with policymaking and regulations that are antithetical to the legislative intent of the “Marijuana Taxation & Regulation Act” (MRTA) passed into Law. Within his current position of New York’s Director of Cannabis Programs,  Mr. Birenbaum has repeatedly encouraged culturally insensitive policies into the proposed framework of New York’s incoming program and deployed tactics in his previous regulatory role that resulted in documentable public distrust and harm towards the existing patient community of that state. Many of his regulatory policies are widely known within the industry to encourage predatory practices, monopolization, and further systemic racism. Our role in New York demands attunement towards the diversity of New York State & our ambitious goals for social equity.

Examining Mr. Birenbaum’s tenure in Rhode Island revealed his history of aggressive tactics, including the use of law enforcement to carry out regulatory compliance, many of which are described as openly hostile to their vulnerable patient community. This is truly worrisome as one of the revered foundations of justice within our law’s intent is to break the pattern of re-criminalization of cannabis patients and consumers. It should also raise concern that he enacted additional policies in Rhode Island which resulted in patient privacy and HIPAA violations, legal issues, as well as protests and rallies against his leadership.   This track record of harmful regulatory strategies in a state of considerably smaller size and population stands as a stark warning about the potential impact of his leadership in a state as large and diverse culturally, economically, and racially as New York – we are the Empire State.

The MRTA provides an improved framework to ensure success in the context of justice and social equity. The magnitude of this landmark endeavor requires a candidate with not only experience on both of these priorities but also an open mind towards exploring new strategies in partnership with criminal justice and social equity experts. It is important to note that in 2017, Mr. Birenbaum was not chosen for the Executive Director role by Massachusetts’ Cannabis Control Commission for many of the misgivings mentioned (as well as having true integration in the already established cannabis community that another candidate already held). Research from the Massachusetts Cannabis Control Commission public meeting minutes underscores the hesitancy in approving this candidate who did not have the humility necessary to successfully run an ambitious Cannabis Program. Based on multiple conversations and the candidate’s demonstrated lack of concern, it‘s clear that he has not historically been amenable  to adopting social equity-focused provisions and even furthermore has been characterized as closed-minded towards ideas other than his own on this issue. This is all while holding zero credibility behind his lack of action behind implementing or supporting social equity parameters in the past.

Two years into his tenure, New York’s regulatory successes should be apparent to the wider community and indisputable to the industry, as seen in other state programs with policy changes within similar timeframes. He has no experience incorporating any policies that help communities of color or the legacy market transition into the legal framework. Instead, there is a demonstrated history of ignorance when it comes to the cannabis community and its already established marketplace. This becomes even more problematic because New York’s legacy market is debatably one of the largest in the nation, and insensitive regulation in other markets towards legacy transition have hindered the ability to maximize participation from its consumers and collect tax revenue for impactful social equity programs in other states.

Communities harmed and inhibited by prohibition are the core populations that the MRTA seeks to empower and transition. Having public trust from these constituencies who have been traditionally harmed by prohibition and are already integrated with the community, is essential to the successful execution of this groundbreaking legislation.  Public distrust of this suggested executive director will discourage engagement and recreate the same societal dilemmas the law seeks to resolve.

His appointment is an unnecessary liability towards New York’s cannabis industry leadership  and a regressive assault on true social progress. His leadership will quickly tarnish any positively construed legacy that we are collectively vested in implementing in our state. We swiftly urge the consideration of different candidates for the incoming leadership roles and ask the Governor to consider other appointments recommended by the activists and community stakeholders who supported passage of the MRTA. Instead of a controversial figure with a questionable record of leadership, we call upon the Governor to select a BIPOC or culturally competent candidate who understands the full context of prohibition and the ensuing need for social equity as the program’s Executive Director.

Sincerely,

Ryan Lepore

Interim Executive Director of NYC NORML

 

Curved Papers & Dana Beal Offer NYC Pot Smokers Who Vaccinate “Joints For Jabs”

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NEW YORK: Brooklyn born Curved Papers inventor Michael O’Malley has teamed up with long time New York City Yippie NORML Act Up pot activist Dana Beal to offer an NYC version of “Joints For Jabs,” which Edelstein first staged in D.C. earlier this Spring. Anyone with a vaccination card can get a free joint this afternoon in Union Square!

New York City is abuzz this Spring following the March 31st early morning si

gning of the Marijuana Regulation and Taxation Act, championed by Crstal Peoples-Stokes and in the Assembly, and Liz Krueger in the Senate. MRTA was the fruit of six years of leadership by these two women, The Drug Policy Alliance, NORML and many other ad hoc coalitions, including Curved Papers’ “Do The Right Thing, New York,” which featured Fab Five Freddy and Jerry Scyzer, who showed and really kick started a surge of energy that toppled years of entrenched corporate resistance by The Governor’s team to the popular view. With the help of House Speaker Carl Heastie and Senate President Andrea Stewart-Cousins, the government did its job. The final day of testimonies in favor of the MRTA was riveting and emotional.

Of course, we can’t really have full out live events yet, but we want to make this gesture to remind the cannabis community to keep working together with the Federal government to defeat the virus, and legalize at that level. We hope The President hears about it, so D.C. and New York were our best bets.

Getting vaccinated is something to believe in. Science. It’s an outdoor pop-up event on a Spring day. Pass by and say “high.” We’re masking up and staying socially distant and we strongly suggest that you don’t share joints! Even on this blessed day. Dana will be there to give you each your own, and he’ll be wearing gloves. Come on people now, get together, smartly.

We’re looking forward to having a normal NYC Cannabis Parade next year. Dana has been a part of it for decades as it grew from New York City to the global annual phenomenon in over 40 cities around the world that it is today. In recent years, Steve Bloom of celebstoner.com has taken a greater leadership role and taken the event to a new level. His musical background has made the rally end of the parade a real festival, featuring significant political speakers as well. We hope we’ll be able to do that kind of thing in the City again next Spring. Last year was different, and so will this year be different again. But we’re getting somewhere. In New York we are doing a good job.

This Summer, hopefully we can have a Summer of Love in New York City. The MRTA introduces equity and justice standards that are state-of-the-art and a model for the country. Diverse license application teams are receiving design and engineer support from Curved High Tech’s new CANNA CAD NY program.

Contact MIT Architecture grad Michael O’Malley for details. Innovation.

Curved Papers are easy to roll and easy to buy. Get a four pack on your phone! curvedpapers.com/shop/. Use coupon code 4202021 for 10% off and free shipping today!

NEW YORK: Governor Cuomo Signs Legislation Legalizing Adult-Use Cannabis

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Legislation (S.854-A/A.1248-A) Establishes the Office of Cannabis Management; Expands New York’s Existing Medical Marijuana Program; Establishes a Licensing System; and Creates a Social and Economic Equity Program Encouraging Individuals Disproportionately Impacted by Cannabis Enforcement to Participate in Industry

Tax Collection Projected to Reach $350 Million Annually and Potentially Create 30,000 to 60,000 Jobs

NEW YORK:  Governor Andrew M. Cuomo today signed legislation (S.854-A/A.1248-A) legalizing adult-use cannabis, fulfilling a key component of his 2021 State of the State agenda. The bill signing comes after the Governor, Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie announced this past Sunday, March 28, that an agreement had been reached on the legislation. The bill establishes the Office of Cannabis Management to implement a comprehensive regulatory framework that covers medical, adult-use and cannabinoid hemp. The bill also expands New York State’s existing medical marijuana and cannabinoid hemp programs. The legislation provides licensing for marijuana producers, distributors, retailers, and other actors in the cannabis market, and creates a social and economic equity program to assist individuals disproportionately impacted by cannabis enforcement that want to participate in the industry.

The development of an adult-use cannabis industry in New York State under this legislation has the potential to create significant economic opportunities for New Yorkers and the State. Tax collections from the adult-use cannabis program are projected to reach $350 million annually. Additionally, there is the potential for this new industry to create 30,000 to 60,000 new jobs across the State.

“This is a historic day in New York – one that rights the wrongs of the past by putting an end to harsh prison sentences, embraces an industry that will grow the Empire State’s economy, and prioritizes marginalized communities so those that have suffered the most will be the first to reap the benefits.” Governor Cuomo said. “This was one of my top priorities in this year’s State of the State agenda and I’m proud these comprehensive reforms address and balance the social equity, safety and economic impacts of legal adult-use cannabis. I thank both the Leader and the Speaker, and the tireless advocacy of so many for helping make today’s historic day possible.”

“Today, New York stepped up and took transformative action to end the prohibition of adult-use marijuana,” said Senate Majority Leader Andrea Stewart-Cousins. “This legislation is a momentous first step in addressing the racial disparities caused by the war on drugs that has plagued our state for too long. This effort was years in the making and we have finally achieved what many thought was impossible, a bill that legalizes marijuana while standing up for social equity, enhancing education and protecting public safety. I applaud Senator Liz Krueger and Assembly Majority Leader Crystal Peoples-Stokes for their commitment and leadership on this issue.”

“Passage of this bill will mean not just legalizing marijuana, but also investing in education and our communities, and it brings to an end decades of disproportionately targeting people of color under state and federal drug laws,” said Assembly Speaker Carl Heastie. “I thank Majority Leader Crystal Peoples-Stokes for her years of advocacy and efforts to make this bill a reality. My colleagues and I knew it was important to do this the right way – in a way that would include those targeted and frequently excluded from the process. Now, this legal industry will create jobs across our state, including for those who have had their lives upended by years of unjust drug laws.”

“I’m extremely humbled, proud and honored to have passed the historic Marijuana Regulation and Taxation Act with my partners in government Senator Liz Krueger and Governor Cuomo. This social justice initiative will provide equity to positively transform disenfranchised communities of color for the better,” said Assembly Majority Leader Crystal Peoples-Stokes. “I believe this bill can serve as a blue print for future states seeking inclusive cannabis legalization. I would be remiss not to thank all of my family, colleagues, advocates and supporters over 8 long years.”

The Governor has included legalizing adult-use cannabis in his last three budget proposals.

The New York State Cannabis/Marijuana Regulation & Taxation Act contains the following provisions:

Establish the Office of Cannabis Management
The Office of Cannabis Management will be charged with enforcing a comprehensive regulatory framework governing medical, adult-use cannabinoid hemp. It will be governed by a five-member board, with three members appointed by the Governor and one appointment by each house. OCM will be an independent office operating as part of the New York State Liquor Authority.

Medical Cannabis
The legislation will allow people with a larger list of medical conditions to access medical marijuana, increase the number of caregivers allowed per patient, and permit home cultivation of medical cannabis for patients.

Adult-Use Cannabis
The legislation will create a two-tier licensing structure that will allow for a large range of producers by separating those growers and processors from also owning retail stores. The legislation creates licenses for producers and distributors, among other entities, and the legislation will implement strict quality control, public health and consumer protections. A social and economic equity program will facilitate individuals disproportionally impacted by cannabis enforcement, including creating a goal of 50% of licenses to go to a minority or woman owned business enterprise, or distressed farmers or service-disabled veterans to encourage participation in the industry.

The Bill implements a new cannabis tax structure that will replace a weight-based tax with a tax per mg of THC at the distributor level with different rates depending on final product type. The wholesale excise tax will be moved to the retail level with a 9 percent state excise tax. The local excise tax rate will be 4 percent of the retail price. Counties will receive 25% of the local retail tax revenue and 75 percent will go to the municipality.

Cannabinoid Hemp
The legislation permits the sale of hemp flower in the cannabinoid hemp program, and allows for smokeable forms only when adult use retail stores are operational.

Adult-Use Cannabis Tax Revenue
All cannabis taxes will be deposited in the New York state cannabis revenue fund. Revenue covers reasonable costs to administer the program and implement the law. The remaining funding will be split three ways:

  • 40 Percent to Education
  • 40 Percent to Community Grants Reinvestment Fund
  • 20 Percent to Drug Treatment and Public Education Fund

Municipal Opt-Out
Cities, towns, and villages may opt-out of allowing adult-use cannabis retail dispensaries or on-site consumption licenses by passing a local law by December 31, 2021 or nine months after the effective date of the legislation. They cannot opt-out of adult-use legalization.

Traffic Safety
The New York State Department of Health will work with institutions of higher education to conduct a controlled research study designed to evaluate methodologies and technologies for the detection of cannabis-impaired driving. After completion of the research study, DOH may create and implement rules and regulations to approve and certify a test for the presence of cannabis in drivers.

The legislation includes additional funding for drug recognition experts and law enforcement to ensure safe roadways.

The use of cannabis by drivers will remain prohibited and will carry the same penalties as it does currently.

Personal Possession and Home Cultivation
The following conditions apply to growing cannabis at home and personal possession of cannabis outside the home:

  • Personal possession outside of the home: up to 3 ounces cannabis and 24 grams of cannabis concentrate
  • Home possession: amends limits of what is permitted in the home, which must be kept in a secure location away from children
  • Home grow: permitted under the bill subject to possession limits in 18 months after first adult-use sales begin for adult recreational use and subject to regulations of the Medical Program being promulgated no sooner than 6 months:
    • 3 mature plants and 3 immature plants for adults over 21
      • 6 mature plants and 6 immature plants maximum per household

Criminal Justice and Record Expungement
The cannabis penalty framework will be restructured to avoid the criminalization seen in prohibition. Reduced penalties will be implemented for possession and sale.

  • Creates automatic expungement or resentencing for anyone with a previous marijuana conviction that would now be legal under the law and provides necessary funding
  • Adds cannabis to the clean indoor air act which establishes a baseline on where cannabis can be smoked or vaped
  • Municipalities and local governments are permitted to make laws that are more restrictive than the CIAA. Contains various provisions to ensure that cannabis is treated as a lawful substance and to prevent discriminatory enforcement

Protections for the Use of Cannabis and Workplace Safety
Unlawful discrimination will be prohibited and workplace safety protections will be implemented.

Public Health and Education Campaign
OCM will establish a robust public health and education campaign and work with neighboring states and associations to coordinate actions and policies to protect regional health and safety.

This legislation builds on years of work to understand and decriminalize cannabis for adult use. In 2018, the Department of Health, under Governor Cuomo’s direction, conducted a multi-agency study, which concluded that the positive impacts of legalizing adult-use cannabis far outweighed the negatives. It also found that decades of cannabis prohibition have failed to achieve public health and safety goals and have led to unjust arrests and convictions particularly in communities of color.

In 2019, Governor Cuomo signed legislation to decriminalize the penalties for unlawful possession of marijuana. The legislation also put forth a process to expunge records for certain marijuana convictions. Later that year, the Governor spearheaded a multi-state summit to discuss paths towards legalization of adult-use cannabis that would ensure public health and safety and coordinate programs regionally to minimize the cross-border movement of cannabis products.

New York City Council Issues Formal Call For Decriminalizing And Legalizing Marijuana

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NEW YORK:  This week, the New York City Council called for the state of New York to pass historic legislation to both decriminalize and to tax and regulate marijuana. As part of the Council’s State Budget and Legislative Agenda for the 2015-2016 legislative session, the New York City Council urged the state legislature to pass two historic marijuana policy reforms – the Fairness and Equity Act and the Marijuana Regulation and Tax Act (MRTA). The Speaker of the City Council, Melissa Mark-Viverito had previously announced her support for marijuana legalization in November, but this marks the first time that marijuana decriminalization and legalization have been part of the Council’s official legislative agenda.

The Fairness and Equity Act — sponsored by Senator Daniel Squadron and Assemblyman Robert Rodriquez — would finally fix New York’s decriminalization law regarding possession of small amounts of marijuana, ending racially bias marijuana arrests. The Council noted that the Act would “end the unnecessary and disproportionate arrests of Black and Latino New Yorkers by ensuring that possession or sharing of small amounts of marijuana can never result in a criminal penalty.” The proposal includes additional provisions to meaningfully address the devastating collateral consequences and historic legacy of these arrests and reduce institutional racial bias across New York’s criminal justice system.

The Council also threw its support behind the Marijuana Regulation and Taxation Act — sponsored by Senator Liz Krueger and Assemblywoman Crystal People Stokes — which would end prohibition by creating a system to regulate, control, and tax marijuana in a manner similar to alcohol for adults 21 years of age or older. The Council noted that the MRTA would “would reduce the racially disparate impact of existing marijuana laws and end the cycle of branding nonviolent New Yorkers as criminals,” while generating millions of dollars in new revenue and saving millions of dollars in criminal justice resources each year.