Photo by David Handschuh/NYLJ

New York State Bar Association members on Friday endorsed the legalization of adult-use recreational marijuana in the state, adding the legal community's voice to the ongoing debate in Albany.

At the association's annual meeting, the House of Delegates voted to accept a 23-page report by the bar's cannabis law committee that recommends the expansion of the state's current medical marijuana market to include recreational use.

"This permits our association to be unified in our voice to legislators about what we hope to see in the Cannabis Regulation Taxation Act or any other proposed legislation," said Aleece Burgio, the cannabis committee's co-chair. "We absolutely hope to shape the conversation."

Burgio, the cannabis practice team leader at Barclay Damon in Buffalo, said she was not aware of any other state bar endorsing the legalization of recreational marijuana.

In 2018, the marijuana law section of the Michigan state bar—but not the bar itself—voted to support an ultimately successful state ballot measure that year that created a regulated adult-use program. And last year the American Bar Association adopted a resolution calling on Congress to remove marijuana from the Controlled Substances Act and to protect marijuana-growers and users who comply with state laws.

The New York bar's report recommends that any recreational-use legislation include provisions for mandated testing, the creation of an office of cannabis management, opportunities for communities to opt out of sales, a social equity program, a state tax structure, advertising rules and environmental protections.

"We are not aware of a single jurisdiction that has passed model cannabis regulation and legalized adult-use that would necessarily be appropriate for New York to adopt in total," the report says. The authors recommended that the state hire a research organization or nonprofit to analyze the state's circumstances and make recommendations on policies before they're adopted.

The report, in particular, urges New York not to adopt California's high-tax structure, which some have blamed for keeping the marijuana black market afloat.

"If New York were to follow California's model of relatively high taxes out of the gate and then lower the taxes after tax revenues fail to meet expectations, New York runs the risk of small businesses being unable to withstand the initial high tax period," the report says. "This will lead to a business environment where only the most well-funded businesses are able to absorb and offset the taxes with an eye towards lower taxes."

Gov. Andrew Cuomo announced earlier this month that he will pursue adult-use legislation again this year. Axel Bernabe, Cuomo's assistant counsel, told an audience at the bar association's annual meeting this week that "Cannabis 2.0," as he called the governor's proposal, would bring all regulation and taxing issues under one office.