In Wake of Marijuana Legalization Bill Failure, NY Lawmakers Eye Decriminalization
The measure would replace criminal charges for small amounts of marijuana with violations and allow low-level convictions to be expunged.
June 19, 2019 at 03:01 PM
4 minute read
Gov. Andrew Cuomo is pushing state lawmakers in New York to approve a measure aimed at decriminalizing marijuana, after Democrats announced Wednesday morning they could not come to an agreement on legalizing the drug for adult, recreational use.
Lawmakers, as of Wednesday afternoon, had not committed to passing the measure, which would replace criminal charges for small amounts of marijuana with violations and allow low-level convictions to be expunged.
Cuomo, in a statement, urged lawmakers to approve the legislation before they leave Albany for the year. They're scheduled to end this year's session Wednesday, but that's likely to drag into Thursday morning.
“Communities of color have been disproportionately impacted by laws governing marijuana for far too long and it has to end,” Cuomo said. “I understand the desire to end session today as planned, and will give the legislature a message of necessity to expedite passage if required.”
A message of necessity is something Cuomo hands down to the Legislature when a bill hasn't aged long enough to be considered by lawmakers. Legislation has to wait three days before it's approved in New York.
But lawmakers weren't sure, as of early Wednesday afternoon, whether they were going to take the measure up in the State Senate. State Sen. Liz Krueger, D-Manhattan, who sponsored the legalization bill, said there were concerns from advocates that it didn't go far enough to eliminate penalties for marijuana-related offenses.
“We still haven't conference what we're doing,” Krueger said. “I think the decrim bill is under consideration in a variety of different directions.”
Assembly Speaker Carl Heastie, D-Bronx, said he expected his chamber to take the measure up, assuming there was no lasting hope of legalizing the drug. Krueger had said in a statement Wednesday morning that the full bill to tax and regulate marijuana sales in New York didn't have enough support to pass.
“If nothing happens, I would think that we would still look to do decriminalization at the very least,” Heastie said.
As of Wednesday, concerns still remained on certain public safety aspects of legalizing marijuana. There's currently no mainstream way to quickly test someone's intoxication for the drug, for example, so charging someone with a driving offense could be complicated if an officer doesn't have the right training.
Lawmakers have also been split about where the revenue from marijuana sales should go. Many have pushed for the money to be redirected to communities that were particularly impacted by the state's drug laws.
Attention turned Wednesday morning to the decriminalization legislation sponsored by State Sen. Jamaal Bailey, D-Bronx. He said they haven't fully discussed the bill, but that it could still come to the floor for a vote before the day is over.
“It's quite possible,” Bailey said. “It's the last day of session, and anything is possible.”
The bill would make possession of small amounts of marijuana punishable by small fines and would classify them as violations rather than crimes. The fine for possessing small amounts would be capped at $50, according to the bill. The fine for possessing more than an ounce of marijuana-related substances would not exceed $200.
The legislation would also allow automatic expungement of low-level marijuana convictions, such as possessing small amounts of marijuana. New York Attorney General Letitia James recently wrote to lawmakers urging them to include the provision in any final marijuana bill they pass this session.
Lawmakers said Wednesday that it's likely that this year's legislative session will end early Thursday morning, or sometime later Thursday. Either way, they're prepared to be in session overnight to continue moving legislation.
READ MORE:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCourt System Names New Administrative Judges for New York City Courts in Leadership Shakeup
3 minute readRetired Judge Susan Cacace Elected Westchester DA in Win for Democrats
In Eric Adams Case and Other Corruption Matters, Prosecutors Seem Bent on Pushing Boundaries of Their Already Awesome Power
5 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250