NYS Legislature Vote on Recreational Cannabis Could Come as Early as This Week
The law also prohibits discrimination based on cannabis consumption within the bounds of the law. No one can be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including, but not limited to, civil liability or disciplinary action by a business or occupational or professional licensing board or office solely for activities permitted by the new law.
Landlords cannot refuse to lease to prospective tenants or to penalize tenants for consuming cannabis unless failing to do so would cause the landlord to lose a monetary or licensing-related benefit under federal law or regulations. If a property has in place a smoke-free policy, it is not required to permit the smoking of cannabis products on its premises, provided that no such restriction may be construed to limit the certified medical use of cannabis.
Similarly, schools cannot refuse to enroll or otherwise penalize someone based on cannabis used unless failing to do so would cause the school, college or university to lose a monetary or licensing-related benefit under federal law or regulations; or if the school, college or university has adopted a code of conduct prohibiting cannabis use on the basis of a sincere religious belief of the school, college or university.
There are similar discrimination protections regarding child custody and visitation, and parolees.
New York Gov. Andrew Cuomo, during his most recent State of the State address, formally included legalization in his proposed budget this year, as he had in previous years. While both the governor and Legislature were aligned as far as legalization itself, the two held different approaches toward how the program would work, to the point where, in February, there were two competing bills on the topic, one backed by the governor and one backed by state lawmakers. In general, the governor's bill was a little more restrictive and focused on business development, while the legislature's was more expansive, with a greater focus on social and economic justice. It would appear that, by now, the governor and legislature have reconciled their differences.
"I am very proud that we finally have a three-way agreed bill to legalize adult-use cannabis in a way that foregrounds racial justice, while balancing safety with economic growth, encouraging new small businesses, and significantly diminishing the illegal market," said Senator Liz Krueger (D), the bill's prime sponsor. "My goal in carrying this legislation has always been to end the racially disparate enforcement of marijuana prohibition that has taken such a toll on communities of color across our state, and to use the economic windfall of legalization to help heal and repair those same communities. I believe we have achieved that in this bill, as well as addressing the concerns and input of stakeholders across the board. When this bill becomes law, New York will be poised to implement a nation-leading model for what marijuana legalization can look like."
"I am thrilled to announce that there is three-way agreement to pass the Marijuana Regulation and Taxation Act," said AssemblyMajority Leader Crystal Peoples-Stokes (D). "The final bill provides long awaited marijuana justice for New Yorkers, and makes significant steps and investments to begin to address the generational devastation caused by marijuana prohibition and mass incarceration. Cannabis legalization in New York will be centered on equity, investment into communities, economic opportunities for historically disenfranchised people, research, education, and public safety. I am honored to sponsor this legislation and excited to see the positive impact it will have for so many New Yorkers.”