Reports: Deal reached to legalize marijuana in NY
AP Photo A marijuana plant is grown under lights at the Boulder County Caregivers in Boulder, Colo. on Friday, July 24, 2009. It’s all legal and it’s all taxed. But this marijuana dispensary and nearly 60 others that are serving a growing number of medical marijuana users operate with little oversight by state or local authorities.
The Buffalo News, Forbes and the Wall Street Journal are all reporting that a deal has been reached to legalize marijuana in New York state.
All three news outlets on Wednesday reported that lawmakers are finalizing legislation that could be taken up next week in the state Assembly and Senate. Forbes is reporting the bill would place a 13% tax on marijuana sales, with most of the revenue going to the state and the rest going to localities. Forbes is also reporting distributors would also collect a tax on THC, the psychoactive ingredient in marijuana.
According to Buffalo News reporter Tom Precious, who first reported the agreement in any detail, the agreement includes retail sales and marijuana lounges with proceeds going to low-income neighborhoods under a community reinvestment program. In-home growth would be allowed of three mature marijuana plants, three immature marijuana plants indoors or outdoors, or up to 12 total plants in a household. Localities would not be able to ban in-home growth, but could block retail and consumption sites. A local referendum could be used to change a municipal government’s decision, according to the Buffalo News.
The state Health Department will study the use of devices to allow police officers to give saliva tests to those accused of driving while high on marijuana. Police would be allowed to use marijuana odor to help determine if a driver is impaired, though police would not be able to use marijuana odor as the primary reason to search a vehicle. Driving while ability impaired by marijuana use would be classified as a violation, the lowest degree of driving while intoxicated violation, resulting in a violation and not a misdemeanor charge, again according to the Buffalo News.





