New York state legalizes cannabis

Has New York State Legalized Cannabis? Last week, the state’s Cannabis Control Board approved regulations that bring it closer to selling adult recreational products.

Regulators approved a licensing program that lawmakers proposed earlier this year. The plan provides for the first round of retail licenses for applicants with prior cannabis-related convictions. New York State is the first state to do so.

And it’s a far cry from how other jurisdictions have tackled the issue. In Canada, for example, the government has swept under the rug the case of the cancellation of previous convictions. Former police officers and politicians cashed in on legal cannabis and called on the government to bar those with criminal records. Even four years later there were no significant moves north of the border.

When New York State legalizes cannabis, the devil is in the details.

New York state legalizes cannabis: details

An applicant for a conditional retail pharmacy license for adult use (CAURD) must provide evidence that he or a family member has been convicted of a cannabis-related offense at some point in the past year. The crime must have taken place in New York State.

Unfortunately, the usual government obstacles stand in the way of this step in the right direction. Applicants must also have at least two years of experience of owning a profitable business. Critics say this is a backdoor for further discrimination, particularly among people of color who bear the brunt of cannabis convictions.

And it makes sense – if your upbringing and environment have given you trouble with the law your entire life, legal cannabis offers a path to redemption. But the New York state bureaucrats have already expelled these people. It’s not enough to have a passion for the industry. Even having some capital is not enough to prove that you can achieve something with this passion. No, according to taxpayer-dependent pencil presses, you have to be an established entrepreneur.

Restricting access to established business owners is bourgeois capitalist and not what free markets are about.

And it’s not surprising given New York State’s other discriminatory practices. Covid vaccination regulations prevented many people from entering restaurants or going to the gym. And since most of the unvaccinated in New York were African American (a demographic that rightfully has trust issues with the government), New York’s vaccination mandate policy was effectively racial segregation.

New York State Legal Weed When?

Expect the application process to go live next month. The New York City Bureau of Cannabis Management says it will give 14-day notice before the application window opens.

New York Gov. Kathy Hochul is still touting the “Seeding Opportunity Initiative,” which claims to prioritize those impacted by the war on drugs. And while offering retail licenses to cannabis believers is a step in the right direction, regulators have balanced it with other bureaucratic hurdles.

Like most things in life, actions speak louder than words. And so far, New York State’s cannabis action is bleak. Cannabis Control Board Chair Tremaine Wright said, “We rule this state with justice.” But is that true?

Equality means that everyone has the same opportunities. If New York’s cannabis laws strived for equality, everyone would be free to succeed or fail based on their own ingenuity.

Equity means that since each person has different circumstances, the state should step in and allocate resources to ensure that marginalized people are given the same opportunities as non-marginalized people.

Definitions are, of course, provided by the state with intellectual backing from the taxpayer-funded universities.

Still, the process for legal cannabis in New York is ongoing. Expect sales for recreational adults by the end of the year, possibly by Thanksgiving.

What about medicinal cannabis?

The New York Cannabis Control Board is also changing the medical program. They streamline patient registration processes. The state is also revising its packaging, labeling, marketing and advertising rules to align with the new recreational regulations.

New York state legalizes cannabis: rules

New York’s new cannabis rules include:

• Childproof packaging
• Labels with warnings, serving sizes, potency, ingredients, and directions for use and storage
• A universal THC symbol
• No targeting anyone under 21 (no labels with cartoons, celebrities, etc.)
• You cannot inform the consumer whether it is an organic product. No health claims. Also, you are not allowed to use the term “craft”.
• The Cannabis Control Board must approve graphics/labels.
• Products cannot emit odors or sounds.

In some ways, New York State’s legalization system is emerging as more stringent than even the toughest jurisdictions. Despite their Seeding Opportunity Initiative, the devil is in the details. And the details don’t look good.