Legalize It: State Bar calls on Albany to end weed prohibition

The New York State Bar Association has recommended legalizing marijuana in New York. AP Photo/Peter Morgan, file

The New York State Bar Association has recommended legalizing marijuana in New York. AP Photo/Peter Morgan, file

By David Brand

The New York State Bar Association on Friday recommended the full legalization of marijuana, following a recommendation by the bar association’s Committee on Cannabis Law. 

The committee analyzed the issue in a 23-page report, concluding that no city or state that has previously legalized marijuana provides a perfect model for New York to follow, while recommending how the state could best make legal weed a reality. 

“We are hopeful our report will offer the necessary guidance to New York’s governing bodies as they consider the legalization of adult use cannabis,” said attorney Aleece Burgio, a committee co-chair.

 “While policy continues to evolve at the federal level, the committee also believes the most effective way to navigate this complex issue is for any comprehensive cannabis proposal to include hemp, medical marijuana and adult use,” added fellow co-chair Brian J. Malkin.

The report specifically recommends creating a state Office of Cannabis Management, allowing local municipalities to prohibit marijuana sales, implementing a state tax on weed and codifying marketing rules.

Despite support from Gov. Andrew Cuomo and both chambers of the legislature, the state failed to pass a bill legalizing marijuana last year. A watered-down measure decriminalized cannabis use and possession, but stark racial disparities persist in marijuana policing.

Black and Latinx New Yorkers accounted for 94 percent of all low-level marijuana arrests in New York City during the first six months of 2019, according to NYPD arrest data compiled by the state. 

The NYPD arrested 1,436 people for fifth-degree marijuana possession or fourth-degree sale from January to June — and 1,349 of the people arrested were identified as black or Hispanic, according to the NYS Division of Criminal Justice Services. The state agency publishes quarterly reports on race and ethnicity data for certain felony and misdemeanor charges. 

“This is a social justice issue. This is a criminal justice issue. This is not simply a marijuana issue,” said Queens and Brooklyn Councilmember Antonio Reynoso at a November rally. “We will not support a half-assed plan when it comes to the work we need to do, when it comes to marijuana legalization.”