Cannabis seedlings grow at the State University of New York at Morrisville, New York. (Photo: Mary Esch/AP)

Gov. Andrew Cuomo expressed pessimism about the prospects for passage this year of a newly amended bill to legalize marijuana in New York for adult, recreational use, saying during a radio interview Tuesday that the votes weren't there to approve the legislation in the State Senate.

The comments from Cuomo—a supporter of wider legalization of marijuana—came after a coalition of defense attorney organizations publicly urged the Legislature to pass the new version of the bill, which would legalize the drug and allow low-level marijuana-related convictions to be expunged.

The bill, called the Marijuana Regulation and Taxation Act, was amended late May 24 by lawmakers who sponsor it to bring the measure closer in line with Cuomo's own proposal on marijuana legalization earlier this year.

They said they are hoping the new version wins the support of their colleagues, who have yet to coalesce around any of this year's proposals on the drug. Cuomo said the measure doesn't have enough support from Democrats in the State Senate to become law with less than four weeks left in this year's legislative session.

“The senators say on the record they don't have the votes to pass it politically, and I think that's the problem here, is the political reality that you don't have the votes in the Senate,” Cuomo said. “I support it. I proposed it. But we're getting down to the final three weeks or so and they're still saying they don't have the votes.”

Last week's amendment to the marijuana bill is a last-ditch effort by its sponsors to convince other lawmakers that marijuana legalization should happen this year. Assembly Majority Leader Crystal Peoples-Stokes, a Democrat from Buffalo who sponsors the bill, was confident last week that it could happen before they're scheduled to leave next month.

“I quite frankly think this is doable,” Peoples-Stokes said. “We have 20 days, we can get this done, and that's my plan.”

The new version reflects what was negotiated earlier in the year between Cuomo and state lawmakers before the legislation was dropped from the state budget. But there is one glaring difference between the two versions that's of particular interest to defense attorneys.

The newly amended bill is written to allow the expungement of low-level marijuana-related convictions, while Cuomo's proposal would have only permitted those records to be sealed. The former option essentially erases the record from ever existing, while the latter would allow those convictions to still be seen by certain members of law enforcement.

The Cuomo administration has previously told lawmakers that allowing expungement, rather than sealing, would require an amendment to the state constitution. That process can't be done immediately; it requires two votes by the Legislature and approval from voters. Alphonso David, Cuomo's counsel, has said legislation allowing expungement may not survive a legal challenge.

Cuomo in his radio appearance said he would still support the bill, even if it was written to include expungement, rather than his initial proposal to seal those records.

“I don't think this is the deal-breaker issue,” Cuomo said. “I don't think it's gonna be on the merits. I think it's on the politics.”

While it may not be the central conflict on the legislation between Cuomo and lawmakers, the expungement provision was a top reason the bill won support Tuesday from defense attorney groups. They said in a joint statement that the legislation would provide new opportunities for those who currently have a permanent stain on their criminal records.

The statement was issued jointly by the Legal Aid Society, New York County Defender Services, Brooklyn Defender Services, the Bronx Defenders, and Neighborhood Defender Service of Harlem.

“New York State's failed war on marijuana still ensnares thousands of our clients—nearly all of whom are black and Latinx—and other New Yorkers across the state each year, resulting in needless incarceration and a host of other devastating consequences,” the groups said. “The [bill] brings justice to New York State by ending prohibition, expunging conviction records that have curtailed the opportunities of countless predominately young black and Latinx New Yorkers.”

They also saw the legislation as another step in this year's reforms to the state's criminal justice system. Lawmakers previously approved major changes to the state's laws on cash bail, criminal discovery, and the right to a speedy trial. Legalizing marijuana and allowing low-level convictions to be erased would support those efforts, the groups said.

“Governor Cuomo and the Legislature enacted historic reforms to our bail, discovery, and speedy trial statutes earlier this year, and they must build on that success by enacting the MRTA into law this session,” they said.

Members of law enforcement, including the New York Sheriffs Association, previously came out against legalization this year, citing concerns over road safety. They asked lawmakers, at the time, to include funding for more personnel and training on drug recognition in the bill.

The new legislation, according to its text, would allow some grants to be made to state and local law enforcement agencies, though there's no designated amount.

Lawmakers return to Albany this week for the final four weeks of what's expected to be a marathon end of the legislation session. If Cuomo and lawmakers agree to legalize marijuana during that time, the measure would likely pass sometime during the last few days of this year's session, which is scheduled to end June 19.

READ MORE:

New Marijuana Legalization Bill Proposes Expungement of Records, Assembly Leader Says

NY Senate Leader Backs Expunging Criminal Records in Marijuana Legalization

Law Enforcement Opposed to Legal Marijuana Cite Road Safety Hazard