New York Sen. Jamaal T. Bailey, D-Bronx, speaks to reporters about marijuana legislation at the state Capitol Thursday. Photo: Hans Pennink/AP

Lawmakers in New York plan to approve a bill later Thursday that will decriminalize small amounts of marijuana and allow for past low-level convictions related to the drug to be expunged.

The bill gained momentum after lawmakers said Wednesday they didn't have the votes to pass a broader measure that would have established a regulatory framework to legalize and tax marijuana.

After an hourlong, closed-door discussion among Democrats in the Senate, Sen. Jamaal Bailey, D-Bronx, said members were ready to throw their support behind the decriminalization bill.

“As a legislator I have a lot more work to do. As a conference we have a lot more work to do,” Bailey said. “But I think this is really a step in the right direction and being able to stem the tide of this failed war on drugs that has unfairly and disproportionately affected black and brown communities so much.”

Assembly Speaker Carl Heastie, D-Bronx, told reporters earlier in the day that his chamber planned to vote on the measure, which will likely be approved later Thursday evening.

“In government, people have to realize that sometimes you don't get everything you want in the first shot,” Heastie said. “I do think on decriminalization it will help undo some of the longtime injustices that communities have had, particularly communities of color.”

The legislation will make possession of small amounts of marijuana punishable by small fines and classify them as violations rather than crimes. The fine for possessing small amounts will be capped at $50, according to the bill. The fine for possessing more than an ounce of marijuana-related substances will not exceed $200.

The legislation will also allow expungement of low-level marijuana convictions, such as possessing small amounts of the drug. Any record of those convictions with the state will be expunged, or erased, on request, according to the bill. Those convictions will, thereafter, not show up on any criminal history searches.

Bailey said they'll continue to work on legislation that would legalize marijuana in New York when lawmakers reconvene for next year's legislative session in January.

“It's great to get the criminal justice aspect, and I'm glad we're going to be taking a step in the right direction today,” Bailey said. “But to truly be able to impact the lives of disproportionately affected communities, we have to be able to reinvest in these communities that have been so decimated by this war on drugs.”

The changes will take effect a month after the bill is signed into law by Gov. Andrew Cuomo, who said earlier this week that he supports the measure.

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