New York Gov. Andrew Cuomo pledged during his State of the State address in January to use executive powers to legalize medical marijuana, since efforts to do so in the state Legislature appeared to be logjammed. Months later, though, the state’s residents and lawmakers are still fighting for legalization.
State lawmakers on Tuesday started moving toward giving state residents access to not only medical marijuana, but also recreational marijuana.
On Friday a piece of legislation was introduced in the state that legalization advocates say indicates that lawmakers may be ready to agree to end at least one form of prohibition, as the new legislation is riddled with tighter restrictions regarding the drug’s use.
For example, instead of allowing a doctor to prescribe medical marijuana for a variety of symptoms and medical conditions that the medical professional believes could be helped by the substance, the new bill would only legalize medical marijuana use for about 20 serious conditions. Cancer, traumatic brain injury, AIDS, Parkinson’s disease, multiple sclerosis and post-traumatic stress disorder are included in the list of proposed conditions.
While the bill wouldn’t outright ban medical marijuana patients from being able to smoke their medicine — which has been proposed in other states such as Minnesota — those under the age of 21 would have to ingest their medicine in a form other than smoking, such as vaporizing, edibles and cannabidiol oil.
Anyone with a prior felony narcotics conviction would be prohibited from working in a dispensary.
Though the revisions may seem harsh to some, state Sen. Diane Savino, a sponsor of the state’s latest medical marijuana bill, said the revisions were needed in order to garner support for medical marijuana legalization from lawmakers who fear legalization will lead to widespread abuse of the substance.
Even with the revisions, though, not all lawmakers are convinced medical marijuana legalization is a good thing.
« To me it’s just the camel’s nose underneath the tent for the legalization of marijuana, » said state Sen. Martin Golden.
According to Savino, at least 39 senators support the measure — seven more than is needed for passage — but medical marijuana legislation has failed to pass the Republican-controlled Senate in the past. Whether this one will pass, however, remains to be seen.
Another unknown is whether Gov. Cuomo would support and eventually sign this legislation, as the bill would legalize a much larger medical marijuana program than the governor has said he would support.
Although the governor pushed to legalize medical marijuana in the state earlier this year, his plan was severely flawed. For example, under Cuomo’s proposed plan, 20 of the state’s hospitals would be able to recommend marijuana to patients with illnesses such as cancer and glaucoma. But the governor’s plan failed to create a way for medical marijuana to be cultivated and sold.
While Cuomo was on board with allowing the sale of marijuana to patients enrolled in a small program, he seemed to have disregarded the part about the production of the herbal medicine. Without a production provision, the state would be forced to obtain its supply from the federal government.
The problem with having the feds as a supplier is that the federal government classifies marijuana as a Schedule I drug, meaning it views marijuana as a highly dangerous and addictive drug that has no medicinal use. Obtaining the drug would require approval from the National Institute on Drug Abuse, which has guidelines so strict that the agency has previously refused to provide marijuana to short-term FDA-approved research on the medical benefits of marijuana.
It may be in lawmakers’ best interests to listen to their constituents on this issue, though. A poll released on Tuesday from Siena College found that 51 percent of New York voters support the widespread legalization of medical marijuana, while 26 percent favored Cuomo’s limited plan.
While some lawmakers tried to coax their colleagues into supporting medical marijuana legalization on Tuesday, state Sen. Liz Krueger was working to renew interest in a bill she introduced in December to outright legalize the drug.
Under Krueger’s bill, each New Yorker aged 21 and older would be able to legally have 2 ounces of marijuana or less in their possession.
Although Krueger said she hasn’t personally enjoyed marijuana in years, she believes legalizing marijuana would keep it away more from young people.
“We believe that the research shows that marijuana is not more dangerous than alcohol,” she said. “Regulating and taxing it would actually make it harder to get for young people than it is now.”
Krueger invited representatives from drug and law enforcement agencies as well as legalization advocacy groups to an invitation-only forum in Albany on Tuesday to discuss the risks and benefits of legalizing marijuana.
Cuomo has shown resistance to a large medical marijuana program, so it’s unlikely that he would support a total end to prohibition in the state. But if the state Legislature passes Krueger’s bill and Cuomo signs the measure into law, New York could become the first state to skip legalizing medical marijuana, and go straight for legalizing marijuana for adults.