New York activists are ready for 2021 to be the year that the state finally legalizes marijuana. But one little-noticed provision of the cannabis reform proposal introduced by the governor in his budget request last week has become a major source of contention.
That said, Gov. Andrew Cuomo’s (D) second-in-command told Marijuana Moment that the policy at issue—an increase in penalties for certain cannabis-related offenses—could change as the administration and lawmakers negotiate the finer details of the proposal.
While marijuana would be legal to purchase and possess for adults 21 and older under Cuomo’s plan, the legislative text he released also contains a section that would make it a class D felony—punishable by up to 2.5 years in prison—to sell cannabis to anyone under the age of 21.
That’s a significantly more serious penalty that what’s currently on the books. As it stands, an illicit sale to an underage person is a misdemeanor.
Advocates say this proposal runs counter to the stated intent of the legalization measure, which is to end marijuana criminalization and promote social equity. Cuomo has repeatedly recognized that people of color are disproportionately targeted by police when it comes to cannabis enforcement—and there’s no reason to believe that would be any different if this policy were to go into effect.
Lt. Gov. Kathy Hochul (D) told Marijuana Moment in a phone interview on Tuesday that the administration remains “very concerned about making sure that no one under the age of 21 is participating” in the marijuana market, and the intent of the section at issue is deterrence.
But while the provision was included in the governor’s budget plan, she also left room for further revisions, stating that “much of it is going to be negotiated with the legislature, and all these details can be resolved with