Tuesday, November 22, 2022

Is Marijuana Legal In New York State

Awhat Happens If I Had A Prior Conviction On A Cannabis

Second republican state senator backs legalized marijuana

The Office of Court Administration will be required to automatically expunge, or remove, records for cannabis-related criminal offenses repealed by the MRTA. This means that arrest and conviction records wont show up in your criminal history and dont have to be listed on things like job or school applications. You do not have to apply to have your record expunged, but it may take some time to be completed. The state has two years to complete the expungement process.

I Live In Nyc When Will I Be Able To Legally Buy Weed

Youll have to be patient a little bit longer. Experts say most of the state may not see marijuana retail shops until very late in 2022 or, more likely, early 2023.

Thats because while the Marijuana Regulation and Taxation Act gave all New Yorkers the legal right to use, smoke or possess less than 3 ounces, the state still hasnt issued any licenses to the people and companies who will supply, ship and sell legal cannabis to customers.

There are 11 types of licenses that will be available to create that pot supply chain, including for cultivators, processors, dispensaries, deliverers and operators of on-site consumption, i.e. a cannabis bar or lounge.

Those permits will eventually be issued by the newly created Office of Cannabis Management, or OCM, a state regulatory agency created by MRTA. But how, or when, those certificates will be created, is still unclear.

Those decisions will be made by a five-member Cannabis Control Board, which will serve as the oversight body for the OCM.

But the control board has not yet addressed any licensing questions in four meetings held between October and December.

Tremaine Wright, former Brooklyn Assembly member and now chair of the board, said last week at a Crains New York Business forum that the CCB would release regulations on recreational marijuana between January and March of 2022.

We are going to continue to ramp up our staffing, to get regulations written and were hoping to roll them out in the next year, she said.

Cannabis Basics Under New York State Law

Possession:

Under New York State Law as of March 31, 2021, it is now legal for a person 21 years of age or older to possess, purchase, or transport up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis.

Additionally, under New York State Law it is now legal for a person 21 years of age or older to give or transfer up to three ounces of cannabis and up to twenty-four grams of concentrated cannabis, to another person 21 years of age or older, as long as it is given without any payment.

Use:

Under New York State Law, it is now legal for a person 21 years of age or older to smoke cannabis anywhere that smoking tobacco would be permitted unless another law, rule or local policy forbids it. Additionally, private establishments or businesses have the right to make their own rules and policies regarding the possession, use or transfer of cannabis on private property or buildings.

Cannabis Plants:

Under New York State Law, it is no longer a crime or illegal for an adult 21 years of age or older to grow up to three mature and three immature cannabis plants in their home at one given time. No home can have more than a total of six cannabis plants.

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Awhat About People Currently Incarcerated On A Cannabis Offense Will They Be Released

It depends on whether the persons sentence stems from additional charges and the specific cannabis-related conduct in the initial charge. The Office of Court Administration is required to notify prisons and jails when they expunge someones records so that correction officials can provide relief, but that person might still have other convictions that arent affected. In cases where someones initial conduct would still have violated the new MRTA provisions but where the ultimate penalty has been reduced, that person will be able to ask the court for resentencing to reflect the new, lesser penalty. This wont be an automatic process and it will require people to file a motion in court. The law requires that these resentencing requests be granted unless the prosecutor can present clear and convincing evidence as to why it shouldnt be. It will be important for people to discuss their specific cases with their lawyer.

Can I Grow My Own Pot

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Yes, but it may be a bit soon to start stocking up on supplies.

The state doesn’t need to authorize at-home cultivation for recreational consumers until 18 months after the first retail sale, according to The Marijuana Regulation and Taxation Act.

Each adult will be permitted to grow up to six plants at home: three immature plants, and three that have begun to flower and are therefore considered mature, Johnston said. A household can’t have more than a dozen plants total, regardless of how many adults live together, according to the state.

The Office of Cannabis Management is still working out how consumers will be able to purchase seeds, spokesman Freeman Klopott said.

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News Around The World Clifton Park Ny New Yorks Recreational Marijuana Market Is Beginning To

CLIFTON PARK, N.Y. New Yorks recreational marijuana market is beginning to sprout, literally, with thin-leafed plants stretching toward the sun in farms around the state.

In a novel move, New York gave 203 hemp growers first shot at cultivating marijuana destined for legal sales, which could start by the end of the year. Big indoor growers are expected to join later.

But for now, the field is clear for growers like Frank Popolizio of Homestead Farms and Ranch, where a small crew north of Albany earlier this month dug out shallow holes for seedlings before packing them in by hand.

It is an opportunity, theres obviously going to be a demand for it, Popolizio said during a break in planting. And hopefully it benefits the farmers. Been a long time since theres been a real cash crop.

Popolizio is tending to a half-acre plot that will grow upward of a 1,000 plants surrounded by a tall electrified fence. He and other conditional cultivator license holders can grow up to an acre of marijuana outdoors. They can grow all or some of their crop in greenhouses, though in smaller areas, and use limited lighting.

The license is good for two years, and holders will be able to distribute cannabis flower products to retail dispensaries.

Im open minded and Ive come to understand that there is value, he said.

We plan to have people sleeping in the field, Mokotoff said.

Cannabis Control Board And Gov Hochul Propose Regulations To Enact The Seeding Opportunity Initiative

On March 10, 2022, Gov. Hochul and the Cannabis Control Board announced proposed regulations that would enact the Seeding Opportunity Initiative. The Seeding Opportunity Initiative would be compromised of three programs: Equity Owners Lead Program Farmers First Program and The New York Social Equity Cannabis Investment Program.Equity Owners Lead Program

Under the Equity Owners Lead Program, individuals or business entities owned by an individual or parent, legal guardian, child, spouse, or dependent that were convicted of a cannabis-related offense in New York prior to March 31, 2021 will be eligible to apply for conditional adult-use retail dispensary licenses. Successful applicants will be given access and support to renovated or renovation-ready locations for dispensaries in high-traffic areas. The conditional licenses will be valid for four years.The Cannabis Control Board plans to open the application portal by early summer 2022 with the first set of licenses set for distribution in late summer or early fall 2022.Farmers First Program

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Criminal Justice And Record Expungement

Currently, low-level possession of cannabis results in thousands of arrests per year, 90% of which are people of color in New York. Now, possession will no longer be criminalized and those criminal records will be erased.

The law will automatically expunge or resentence anyone with a prior cannabis conviction that would be legal under the new law. Individuals with past convictions would be allowed to participate in the new adult-use market.

In addition, the law adds cannabis to the clean indoor air act which determines where cannabis can be smoked or vaped. However, individual jurisdictions can create stricter regulations to control cannabis smoking and vaping in public.

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New York Marijuana Growing Laws

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Home cultivation is currently not permitted in New York, but it will be soon. The March 2021 law requires the state to set homegrow rules for medical patients by the end of 2021, and for all adults by the end of 2022.

Adults will be able to grow up to 6 plants each, with a household maximum of 12 plants.

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New York Qualifying Conditions For Medical Marijuana

A qualifying condition is an illness that may benefit from medical marijuana medicine. New York residents diagnosed with the following qualifying conditions may be eligible to access medical marijuana with physician approval:

  • Cancer
  • Substance use disorder
  • Post-traumatic stress disorder
  • Chronic pain ): Pain that degrades health and functional capability as an alternative to opioid use or substance use disorder.
  • Note: A severe, debilitating or life-threatening condition must also be accompanied by one or more of the following associated or complicating conditions: cachexia or wasting syndrome, severe or chronic pain, severe nausea, seizures, or severe or persistent muscle spasms, PTSD or opioid use disorder.

A Better And Legal Alternative To Marijuana In New York

As mentioned above, the only way for New Yorkers to get high-quality weed is to grow their own plants. However, growing weed takes time, and it would be nice to have something to smoke in that 6-8-week period.

Buying weed from dealers is risky, so unless you have a friend who shares and cares, youll need to find some alternative.

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This novel compound is making big headlines in the weed space thanks to the latest extraction methods.

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How Is The State Handling Licenses For People Who Were Penalized For Using Or Selling Cannabis

In issuing licenses, the state will prioritize people who have been convicted of cannabis-related offenses, their families and others from communities that were disproportionately impacted by the criminalization of marijuana. Other groups that will be granted preference include: minority- and women-owned businesses, distressed farmers and veterans who were disabled during their service.

The state aims to issue half of all licenses to these so-called social and economic equity populations. The Marijuana Regulation and Taxation Act calls for a comprehensive plan to support equity applicants, including mentoring and an incubator program. They may not sell their license, without state approval, for three years.

Buying Weed Online In New York: Is It Even An Option

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Theres a whole new infrastructure involved in setting up cannabis dispensaries for retail sales. Since marijuana is legal in New York, and there are no dispensaries across the state, New Yorkers wonder if they can follow their Canadian neighbors and purchase weed using marijuana delivery services.

Unfortunately, this wont happen for the next few years. Most states are waiting for the federal government to decriminalize marijuana and take it off Schedule 1 of the Controlled Substances Act.

Nevertheless, theres one workaround if you want to order weed online in New York.

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Ahow Will The Revenue Generated From Legalized Sales Be Spent

Forty percent of the tax revenue generated from cannabis sales will go into a new Community Grants Reinvestment Fund. This fund is specifically set up to reinvest in the communities hardest hit by the racist war on drugs, and it can help support things like job placement, mental health treatment, housing, childcare services, and other community-based services. Another 40 percent will go toward investments in public education, and the remaining 20 percent will be spent on drug treatment and education programs.

Are You Ready To Start Growing Yourself

If you’re ready to start growing and want to find out the best seedbanks that ship to the U.S.

The COVID outbreak has definitely turned things on its head and this includes the cannabis sector. It may have dealt a blow to a lot of business but when one door closes, another one opens. With the nation grappling with the economic impact of the coronavirus, the government is trying to tap into any revenue stream that it can and for some states, this is the marijuana industry.

In New York, the COVID situation fast-tracked the legalization of recreational cannabis. Last March, Gov. Andrew Cuomo signed The which legalizes recreational marijuana in his state. The legislation allows adult New Yorkers aged 21 and older to legally possess up to 3 ounces of weed and/or up to 24 grams of concentrates, and cultivate up to 6 plants per person or 12 per household. The new law also established procedures for the automatic review and expungement of low-level marijuana convictions.

The state, which is poised to become one of the biggest marijuana industries in the country, is expected to reinvest millions in taxes into minority communities severely impacted by the decades-long war on drugs.

There are also as many as 8 medical marijuana bills already lined up for this years session.

This article was reviewed and updated for 2021.

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The Deals To Expect As Outsiders Enter New York

Though newcomers won’t be allowed to vertically integrate under New York’s regulations, that doesn’t mean they don’t stand to win big in a state with more than 19 million residents.

Some big companies said they plan to enter New York as cultivators, in large part because they’re focused on branding and product quality over retail presence. Analysts say this makes sense as the industry matures and cannabis companies begin to think of themselves as consumer product companies.

But those intent on entering the state as a vertically integrated company may consider acquiring one of the existing license holders. Last year, cannabis company Ascend Wellness Holdings agreed to acquire troubled marijuana firm MedMen in a $73 million deal, though the two companies are now in the midst of a heated feud over the lucrative New York cannabis license.

A handful of current operators are either financially troubled or privately owned. These are operators most likely to be gobbled up, cannabis attorneys who work on M& A deals told Insider.

As the companies prepare to gear up for the new market, cannabis-focused ancillary firms like law practices, recruiting agencies, and marketers say they’ve seen a surge in business.

Local entrepreneurs will also have opportunities to benefit as new markets, like New York, open up to cannabis businesses.

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History Of Marijuana In New York

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During the last few years, marijuana was put on a clear path to legalization in New York under Gov. Andrew Cuomo. However, it had a bumpy ride up to this point. Even though the government completely banned weed in the 1930s, it never really went away and instead just went underground. From that time, marijuana literally persisted like a weed. Not only was it being grown illegally in farms but it also grew wild in the Bronx, Brooklyn, and Queens. Of course, the government did not let this slide and destroyed tens of thousands of pounds of cannabis in 1951.

But even during that time, the voice of reason tried to break through the federal governments anti-marijuana propaganda. Around 1939, a committee tasked by Mayor Fiorello LaGuardia concluded that the theory of marijuana being a gateway drug was largely false and that it was actually not widely associated with addiction or juvenile delinquency.

Arrests began to increase once more during the 90s with a disproportionate 80 percent of those arrested being black and Latino. In response, Mayor Bill de Blasio instructed the NYPD to issue tickets for simple possession cases instead. Although the move helped bring down arrest numbers for a short while, the problem somehow persisted. This may have prompted the enactment of legislation expanding the decriminalization of adult-use marijuana around 2019.

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Updates On Cannabis Legalization In New York

Effective March 31, 2021, Governor Andrew Cuomo legalized adult-use of cannabis, and provided for the licensure of producers, distributors and retailers of marijuana throughout the Empire State. Under this New York legalization, the legislature has established the New York State Cannabis Control Board under the Marijuana Regulation and Taxation Act, and authorized this Board to regulate the licensure and establishment of New York cannabis retail dispensary licenses and on-site consumption licenses. The newly signed law instructs expungement of previous marijuana-related criminal records in the state, and includes a provision preventing employers from disciplining or discriminating against workers for using the drug during personal time off of the employers premises and without use of the employers equipment or property. This New York marijuana legislation could set the stage for changes across the country.

June, 2021 update: Despite legalization, it could be over a year before New Yorkers can purchase weed from dispensaries in the state. Thanks to a political struggle over who will oversee the industry, New Yorks legal-cannabis implementation process is halted.

Pot Is Now Legal In New York State Just What Does That Mean

The state’s decision to legalize recreational marijuana last March created quite a buzz.

The Marijuana Regulation and Taxation Actreversed decades of prohibition. New Yorkers who are 21 or older can now consume cannabis and carry around small amounts: up to three ounces of flower , or 24 grams of concentrated cannabis Adults can have up to 5 pounds of cannabis at home, the state said.

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