Barry Kamins/photo by Rick Kopstein. The New Marihuana Law: Some Burning Issues
In this edition of his Criminal Law and Procedure column, Barry Kamins discusses provisions of the newly-enacted marihuana legislation, particularly aspects that relate to the criminal justice system: changes in criminal penalties, automatic expungement and sealing of certain convictions; the vacatur of other convictions; the impact on searches of automobiles; and the effect on impaired driving cases.
May 28, 2021 at 12:45 PM
11 minute read
On March 31st, Gov. Andrew Cuomo signed into law the Marihuana Regulation and Taxation Act (MRTA) and, in doing so, New York joins 14 other states in which the recreational use of small amounts of cannabis has already been legalized. L. 2021, Ch. 92, eff. March 31, 2021. In changing existing marihuana laws, the legislature attempted to correct what it viewed as a wasteful use of law enforcement resources that disproportionately had an impact on the lives of minority communities.
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