Cannabis Law Ambitions and Ambivalence
Cannabis legalization has brought former New York State Senator Jen Metzger (D-42) back for a state government role. The Senate recently appointed her to be one of five members of the Cannabis Control Board after the Marijuana Regulation and Taxation Act (MRTA) that she co-sponsored became law in March. Metzger points out the provisions for social and economic justice in the law, but municipal officials in Port Jervis and elsewhere have expressed doubts about whether to allow marijuana dispensaries and public consumption.
“I’m excited about this opportunity to provide a new industry in a closed New York market to create social equity and sustainability,” she said of marijuana product business licensing stipulations in the new law. “New York created a path-breaking law in prioritizing social equity applicants, including communities harmed by the war on drugs, service disabled veterans, distressed farmers and businesses owned by minorities and women.”
Applicants with incomes 80% or more below median income will be among those prioritized for licensing as are geographical areas where communities were impacted by the war on drugs. The law also designates specific uses for resulting sales revenue, predicted to reach $350 billion a year as businesses develop, Metzger said.
After allocations for relevant law enforcement public safety training and operation expenses of the Office of Cannabis Management (OCM) that implements regulations, the Community Reinvestment Fund will use 40% of revenue for a variety of social and economic programs in communities harmed by marijuana prohibition. Another 40% of revenue will go to education and 20% for drug treatment.
As for marijuana cultivation, Metzger says, “We’re focused on making a model of sustainability. Now it’s grown in giant windowless structures with lights always running.”
Enthusiasm for MRTA varies around the region, as indicated by the choices municipalities make about whether to opt out of allowing marijuana retail sales and public consumption sites. Port Jervis is poised to partially opt out.
“The State of New York has legalized the sale and use of Marijuana, basically encouraging municipalities to allow for the sale of marijuana by giving them direct sales tax revenue, which is not done for any other type of business,” said Port Jervis Mayor Kelly Decker. “Port Jervis, while recovering economically, still seeks alternative forms of revenue to offset ever inflating costs. This is one of them. However, there is no economical reason to allow for public consumption on city property. Besides being a mind-altering drug for which New York State has yet to determine a way to field sobriety test an individual under the influence, like smoking, it is offensive to many. Therefore our city's decision to allow for sale and not on site or public consumption is reasonable.”
Mount Hope Police Chief Paul Rickard also sees obstacles to public marijuana consumption, especially for a small town like Mount Hope.
“People even complain about traffic from Dollar General,” he said. “Even if they’re in favor of sales and public consumption, they don’t know where it should be sold in a place with limited possibilites, and they don’t want it near their homes.”
Rickard also expressed concern about the smell of marijuana, especially around children in parks and elsewhere, although the town board banned smoking in parks.
However, he said, “I don’t have a problem with people smoking in their homes.”
And yet, he noted that marijuana is still as much an illegal drug federally as heroin, so no credit cards can be used from banks with federal charters, and carrying marijuana across state lines is still prohibited.
“If we don’t opt out now, we never can,” said Rickard. “When the rules are set, if it’s good for the town, we can allow it.”
In October, Deerpark Town Board will also vote on whether to opt out of marijuana sales and public consumption. Deerpark resident Burt Thelander, whose work in behavioral health as a nurse and then as an evaluator of hospitals informs his thinking on the issue, opposes opting out, but says he expects the town board to disagree with him.
“I support legal access to marijuana, like alcohol and cigarettes,” he said. “Get rid of the war on drugs mentality and make treatment available. I hope the Deerpark board allows people to be overt about marijuana use and sales to people over 21, and they’re rigorous about who can buy it. The war on drugs is emotional. I’ll be glad to get away from it.”
However, he agrees with Decker about the need to be able to determine what levels of consumption result in the equivalent of intoxication.
Meanwhile, the CCB and OCM have yet to be fully formed and in operation, so Metzger expects that cannabis business licensing and operation will not begin until early in 2022. The OCM will be responsible for issuing licenses for businesses to participate in the adult-use, medical and cannabinoid hemp industries, but regulations are yet to be established.
Metzger sees advantages from this time-consuming process.
“Passing the law took a long time, and now 18 states have legalized adult use of marijuana. So we can evaluate what worked in the other states,” she said.