Photo: Shutterstock

A bill to legalize marijuana for adult recreational use won't pass this year, the sponsor of the bill said Wednesday morning, but a measure that would expunge past criminal records and decriminalize small amounts of the drug could still move in the coming days.

State Sen. Liz Krueger, D-Manhattan, who sponsors the bill, confirmed Wednesday morning that her proposal to legalize and tax marijuana would not become law this year after a majority of Democrats failed to coalesce around the measure.

“Through months of negotiation and conversation with the governor's office and my legislative colleagues, we made great strides to improve our bill and bring more people on board,” Krueger said. “We came very close to crossing the finish line, but we ran out of time.”

Krueger's bill, which is sponsored in the Assembly by Assembly Majority Leader Crystal Peoples-Stokes, D-Buffalo, would have set up a regulatory framework to legalize the drug and authorize growers, distributors and retailers. The bill would have diverted tax revenue from the drug to several areas, including communities previously impacted by the state's drug laws.

But, 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, so, for example, charging someone with a driving offense could be complicated if an officer doesn't have the right training.

Krueger said they couldn't clear those hurdles in the end, but that she would be back next year to continue her push for the bill, which will likely be amended in the future to address those concerns.

“I will continue to push for a tax-and-regulate adult-use program with all the right safeguards in place, one that centers on restorative justice and reinvestment in the communities most harmed by decades of failed prohibition policies,” Krueger said.

Attention will now turn to legislation sponsored by State Sen. Jamaal Bailey, D-Bronx, which wouldn't legalize the drug, but would decriminalize it in small amounts and allow for the expungement of past convictions.

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.

The bill was introduced over the weekend, meaning it's been on the books long enough for lawmakers to pass by now if they want to. New York requires bills to age three days before they can come up for a vote, unless the governor allows them to be considered immediately.

Lawmakers were scheduled to conclude this year's legislative session Wednesday, but sources have said it's likely to extend through at least Thursday at this point.

READ MORE:

Cautious Democrats Urge Tougher Penalties for Black-Market Sales in Marijuana Legalization Bill, Sponsors Say

Lawmakers See Path to Marijuana Legalization Through Further Talks With Cuomo

Cuomo Says Senate Votes Aren't There to Legalize Marijuana for Recreational Use in NY