Retail Marijuana in NY: Legal or Not Yet?
New York legalized marijuana officially in the spring of 2021, but bureaucracy is still preventing people living across the state from benefiting from the new law. Partially, the former Governor Cuomo is to blame for this situation as his resignation in August 2021 caused administrative chaos, and many procedures were temporarily stopped. At the same time, the topic is sensitive, and the state government couldn’t make a decision on behalf of all municipalities.
Each one had a few months to decide whether to allow marijuana retail and using establishments within their borders or not. From one side, the community might feel safer, but on the other, they will stay aside from the expected tax revenue from recreational marijuana sales. According to the new law, 40% of all potential tax dollars should go to the most damaged communities. As for the people from the five boroughs, the decision has already been made there, but it’s unlikely that any retail pot shops will open at least until 2023.
Marijuana Legalization in New York
With 40 senators voting in favor, Senate Bill S854A passed the Senate and was later approved by the Assembly, too, with 100 votes. The bill was sponsored by Democrat Liz Krueger and was signed by former Governor Andrew Cuomo on March 31, 2021. The new law allows residents of the Empire State of 21 years of age and older to use and possess recreational marijuana.
New York City opted in, and the rest of the municipalities were given a term until the end of 2021 to join or pass. However, until the regulations are set, and special pot shops, recreational lounges, and other dispensary establishments are opened, people can’t benefit. Unlicensed sales are still illegal, which makes the possessions also prohibited. Anyway, the pot industry was never closer to a full green light!
NY Municipalities – In Favor or Against
There are 697 separate municipalities within New York State. Each one had to decide whether to comply with the new law and allow cannabis products legally on its territory. The main types of establishments can be:
- Retail Facilities – pot shops, dispensaries, medical cannabis stores, etc.
- Consumption Points / Lounges.
A total of 11 different licenses were included in the draft law, but still, the authority is not ready with the provision of any of them. They cover the whole process from cultivators and processors, through the supply chain – dispensaries and deliveries, to the operators of recreational marijuana shops and on-site consumption bars.
The name of the new state regulatory agency is the Office of Cannabis Management, created by the Marijuana Regulation and Taxation Act. The authority must take care of the applicants’ verification and signing of the certificates. However, this is a matter that could wait until the October 2022 scheduled New York Governor elections. It’s unlikely for the current Hochul administration to move forward on this. On the other hand, at least can be collected and processed the decisions of the different municipalities and the documents of the potential licensees.
Cannabis Stores in NYC – When?
As THE CITY reported in December 2021, there’s still a long way to go until the people of New York get the freedom to walk into retail shops and freely buy marijuana. They can legally smoke and possess up to 3 ounces of recreational cannabis for the time being. But from where to buy it is another question that brings us back to the same problem a while ago – lack of licensed establishments.
Certificates will be issued by the oversight body of the Office of Cannabis Management – Cannabis Control Board. It consists of five members who have met several times since October 2021 but have not yet even managed to write the regulatory framework. Without clear rules to be followed, no one can even say when the real work will begin. Some of the members continue to blame the resigned Gov. Cuomo, but it actually looks like the administration was not ready for such a drastic change.
Alternative Options
The New Yorkers who feel eager are unwilling to wait to have the same alternative options as before the bill was passed. The medical marijuana program is still operational and even slightly expanded. But of course, this implies that you have the necessary prescription, diagnosis and/or permission to grow marijuana plants at home. At the same time, one of the native tribes living upstates near the border with Canada – Saint Regis Mohawk Tribe, is angling to become the first with permission to offer retail cannabis. A few “charitable companies” and “cannabis clubs” also offer similar services against “donations” or “membership fees”.
Puff, Puff or Pause
In conclusion, the people living within the state of New York will soon be able to buy 100% legal recreational marijuana and even use it in special bars and lounges. It’s just that “soon” doesn’t mean in a couple of months but probably in a year or so. Unfortunately, for the pot fans, weed isn’t such a big issue for the administration right now, given the global crisis, inflation, and even war. The good news is that the bill was signed, and the Office of Cannabis Management is up and running. Soon, the bureaucracy will be over, and if we are all lucky, we’ll see some written rules and regulations by the end of 2022!