A Democrat from New York has introduced two bills that would further restrict marijuana use in the state. In one measure, the THC content of cannabis products would be limited, and in the other, cannabis use would be outlawed within 30 feet of any child’s residence. These developments have caused debate among activists and lawmakers, particularly in the medicinal marijuana community, where MMJ Card Doctor services are frequently sought to navigate the changing legal landscape.
Assemblymember Phil Steck filed both bills, A977 and A1007, on Wednesday. According to the potency proposal, the maximum delta-9 THC content of marijuana flower would be 15 percent, while the maximum delta-9 THC content of all other cannabis products, including concentrates and products made from hemp, would be 25 percent.
Growing, processing, or distributing more than those amounts would be considered a Class B misdemeanor, which carries a $500 fine and a maximum jail sentence of 90 days.
The consumption measure prohibits smoking and vaping cannabis “within thirty feet of a child or within thirty feet of any location in which children reside or attend for any recreational or educational purpose.”
The change could potentially restrict cannabis use even in users’ private homes if their neighbors have children. The restriction would cover “areas separated by walls, closed doors, or floors within a building.”
The consumption bill also would increase the penalties for second and subsequent offenses related to illegal marijuana use, such as using marijuana near schools or in places where smoking or vaping is otherwise forbidden. At the moment, those activities are considered civil violations, punishable by community service or a fine of up to $25. For the first offense, that would remain the case under Steck’s bill; however, subsequent offenses would be classified as Class B misdemeanors.
Research has “proven that second-hand smoke from vaping and smoking cannabis are proven to be harmful to the health of adults and children,” according to a legislative memo advocating for stricter consumption restrictions.
According to the memo, “children may not have the same ability to remove themselves from the area, whereas most adults do.” “This bill mandates that adults who smoke or vape cannabis keep a safe distance from children.”
“The most egregious omission in legalizing adult-use cannabis in New York State is the absence of any cap on its potency,” according to the memo supporting Steck’s proposed THC limit.
It states that “the majority of people can use cannabis safely,” but there have been more negative drug reactions as higher THC concentrations have become more widely available.
Specifically, edibles are problematic, according to the memo, which cites a Colorado study that showed edibles were responsible for 11% of ER visits but less than 1% of statewide cannabis sales.
“This legislation places a 15 percent cap on any cannabis flower and a 25 percent cap on the concentration of the active ingredient delta-9 tetrahydrocannabinol in all manufactured cannabis products in the state with an eye towards public health and safety,” the statement continues.
Notably, the bill would not change the maximum amount of THC that can be found in edible cannabis products that are legal in the state, and the percentage-based restrictions would probably not have much of an impact on the products’ potency. Even with the proposed 25 percent THC limit, a 2-gram gummy could have up to half a gram of THC, which would be a significant amount for most users.
In an email sent to supporters on Thursday, the advocacy group NORML swiftly denounced the new potency bill, A977, referring to its proposed limits as “arbitrary.”
“The demand for higher-THC products will not be eliminated if adults and patients are prohibited from obtaining them from state-licensed retailers and dispensaries,” the group stated. Instead, it will push patients and consumers to look for higher-THC products on the unregulated market. Additionally, it will shift the manufacturing of these goods solely underground. This defeats the main objective of legalization, which is to give patients and others safe, above-ground access to products that have been tested and are known to be high-quality, potent, and pure.
Although he doesn’t seem to have voted on the final bill, Steck, the lawmaker who is behind the two proposals, was one of the sponsors of New York’s 2021 cannabis legalization law in the Assembly.
This week, separate legislation was filed in New York that would permit future marijuana lounges to host live events like concerts and sell non-alcoholic beverages and food that isn’t infused.
Assemblymember John Zaccaro’s (D) bill aims to change the state’s cannabis legalization law in regards to on-site consumption licenses, which are currently unlicensed. It’s unclear whether the bill will be passed before those businesses are granted licenses or when the state will grant its first consumption lounge licenses. However, the proposed reform is one of the most recent attempts by legislators to diversify the market.
What is anticipated to grow into a sizable state marijuana market is finally gaining traction after a sluggish initial rollout in late 2022. State-licensed retailers sold over $1 billion worth of legal cannabis products, according to a report released by OCM late last month.
Felicia Reid, the acting executive director of OCM, stated last week that the state may double its adult-use marijuana sales in the upcoming year, with 2025 cannabis purchases possibly totaling $1.5 billion. “Over 350 dispensaries to open in 2025,” according to another OCM official.
State regulators, meanwhile, highlighted their efforts to combat illegal operators and advance social equity in the marketplace in a package of annual reports they released last week.
In a separate report released this past October, the office acknowledged what it called “growing pains” during the adult-use market launch in New York, including a slow rollout of the market, leadership disputes, and alleged “predatory deals” involving the state’s marijuana social equity fund. However, the office also expressed confidence that the state was well-positioned for success.
In November, Assembly Majority Leader Crystal Peoples-Stokes demanded that the state use a social equity fund established as a key component of the legalization program to provide financial assistance to retail operators who are having trouble repaying expensive loans.
Later in the month, Hochul signed two new cannabis-related bills into law: one that clarifies that cannabis is classified as an agricultural crop in the state and the other that brings back the Cannabis Growers Showcase initiative, which consists of producers selling directly to customers at events modeled after farmers markets.
In contrast, the governor contended in June that “dramatically” higher legal sales are directly correlated with increased enforcement. Last year, state officials issued a report that stated that the establishment of the marijuana market in New York was marked by both “growing pains” and “successful efforts.”
In August, the governor hailed the state’s “smokin’ hot” marijuana market as its retailers crossed the half-billion-dollar mark in legal sales since the market’s beginning.
In June, the governor also stated that a notable rise in legal sales at licensed retailers is being caused by the state’s increased enforcement efforts against illegal marijuana shops.
Equity-focused activists have criticized her remarks for what they perceive to be a “corporate takeover” of the cannabis market, pointing to reports that the administration has dismissed state officials’ concerns about a “predatory” private equity loan deal the state approved to fund new cannabis retailers.
Some supporters claim Hochul has “falsely” attributed the state’s problems with the illegal market to the legalization law itself, ignoring the administration’s responsibility. In light of this, the governor’s decision to fire Chris Alexander as OCM’s executive director last year has drawn criticism.
In an attempt to curb unlicensed sales, the governor in February called on big tech companies like Google and Meta to “do the right thing” by taking action to stop promoting illegal marijuana shops that have sprung up all over the state.
This summer, New York officials unveiled a comprehensive plan to promote environmental sustainability and establish energy use guidelines for the state’s legal marijuana sector. It is a component of the regulators’ overarching objective to encourage social, environmental, and economic sustainability in the developing sector.
In June, state regulators also formally approved regulations allowing adults 21 and older to grow their own cannabis plants for personal use.
As part of an initiative to reinvest in areas that have been disproportionately affected by the war on drugs, the state announced in September that it is getting ready to distribute up to $5 million in grants financed by marijuana tax revenue. Housing, childcare, job skills training, and many other community needs are among the many areas that OCM stated the awards are intended to address.
In a separate letter to the governor of New York, a group of eighteen organizations expressed their displeasure with what they called marijuana regulators’ “efforts in service of big corporations at the expense of equity and small business outcomes” during the latter part of the previous year. This opinion has also been shared by many members of the medical cannabis community, including patients and activists who use services like Medical Marijuana Card Buffalo. They underline the need of fair rules that promote small companies and equal access to medicinal marijuana.
