NY Lawmaker Asks US Attorneys to Keep Hands Off State's Med Marijuana Programs
State Sen. Diane Savino, a Staten Island Democrat, sent a letter to each of New York's four U.S. attorneys asking them to allow New York's program to continue despite Attorney General Jeff Sessions' rollback earlier this month of the Obama-era Cole memo.
January 22, 2018 at 05:35 PM
4 minute read
ALBANY—A state senator who helped craft New York's medical marijuana program is asking federal law enforcement to allow the programs to continue without federal “interference.”
Meanwhile, Assembly Speaker Carl Heastie, a Bronx Democrat, told the New York Law Journal on Monday afternoon that it's “worth looking at” the recreational use of marijuana.
State Sen. Diane Savino, a Democrat from Staten Island, sent a letter to each of the four U.S. attorneys in New York state asking them to allow the state's program to continue despite U.S. Attorney General Jeff Sessions' rescission earlier this month of the Obama-era memo that allowed medical marijuana programs to flourish across the country.
“I am writing to encourage you to respect the wishes of the citizens and the elected officials of New York state and allow New York's carefully regulated and closely monitored medical cannabis program to continue without undue interference from the federal government,” Savino wrote.
New York's medical marijuana program—billed as one of the most restrictive in the nation—was signed into law by Gov. Andrew Cuomo in 2014. Patients who suffer from certain illnesses including cancer, ALS, HIV/AIDS, Parkinson's, seizures and chronic pain are eligible for prescribed medical marijuana. The state's program doesn't allow for combustible forms of the drug, meaning that patients don't have access to plant material for smoking.
“In light of the grave needs of these patients and in light of New York state's tremendous regulatory model and enforcement system, I respectfully encourage you to abide by the above eight priorities in your enforcement of the Controlled Substances Act … and avoid undue interference with the limited number of medical cannabis companies in our state,” Savino said in her letter.
Earlier this month, Sessions rescinded the 2013 policy memorandum written by then-Deputy U.S. Attorney General James Cole, which allowed states to permit medical marijuana programs to operate without the interference of the federal government as long as they acted to keep the drug away from children and gang-related activities.
Since the so-called Cole memo was written, more than two dozen states now have medical marijuana programs. So far, eight states and the District of Columbia also have legalized marijuana for recreational use. In light of Sessions' decision, Savino and Assemblyman Richard Gottfried have called on Congress to pass a federal law protecting states that have enacted marijuana programs.
On Monday, Vermont's Republican Gov. Phil Scott signed legislation into law that would legalize the recreational use of marijuana beginning July 1. New Jersey, which has its own medical marijuana program, is also considering legalizing recreational use. Gov. Phil Murphy, who campaigned on the issue, has said he'd sign legislation legalizing the schedule I drug under the federal Controlled Substances Act if a bill is passed by the state Legislature.
As part of his budgetary address to the Legislature last week, Gov. Andrew Cuomo also proposed creating a panel to study the recreational use of marijuana in New York.
In an impromptu interview outside his office in the Capitol on Monday, Heastie told the NYLJ on Monday that it's “worth looking at” the recreational use of marijuana.
“I think people's opinions on recreational use of marijuana are evolving. … From a criminal justice standpoint, if there's a change in marijuana policy that would mean some more criminal justice reforms. So, I think it's something worth looking at,” Heastie said.
Whether the state should review the cases of individuals jailed over marijuana-related offenses if New York were to legalizing the drug is a “broader question we'd have to answer,” Heastie said. “Although we think it's unfair, there is still the question of law and the abiding of law. Communities of color have been unfairly prosecuted in marijuana crimes,” Heastie added.
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