New York State Cannabis Control Board
Meeting 1-
Historically and procedurally speaking, board meetings tend to be mundane happenings: informative passages read, motions put forth, and resolutions ceremoniously passed. Nonetheless, I wanted to listen in as the New York State Cannabis Control Board held its first public meeting on Tuesday, October 5, 2021.
I was a high school student in the 1970s, during a time when the Rockefeller Drug Laws (enacted in 1973) wreaked havoc on communities in New York State and as subsequent partial decriminalization legislation (enacted in 1977) was used in discriminatory patterns of arrest and incarceration (targeting impoverished communities and non-white communities). I also taught for many years in minimum, medium, and maximum-security juvenile prisons; many of the incarcerated young people I served first came in contact with the criminal justice system as a result of nonviolent drug-related offenses. To finally see our state moving in a more positive direction is exciting and nerve-wracking. Turning an illegal and profitable criminal industry into a well-regulated and beneficial public initiative is no small task. Of concern to me are establishing and enforcing provisions for production by individuals for personal use and programmatic support and safeguards for smaller, independent farmers and retailers (vs. large scale commercial production by established corporate entities, many of who have already stepped into the arena to maximize control and profits and who host substantial lobbying influence).
The Cannabis Control Board is charged with approving a comprehensive regulatory framework for New York’s cannabis industry. The Board Chair, Tremaine Wright, is a former Democratic assemblywoman from Brooklyn. She was selected by Gov. Kathy Hochul. The other members are Adam Perry, a lawyer from Buffalo appointed by Assembly Speaker Carl Heastie (D-The Bronx); Jen Metzger— a former New York State Senator from the 42nd District, appointed by Senate Majority Leader Andrea Stewart-Cousins (D-District 35); Jessica García, Assistant to the President of the Retail, Wholesale Department Store Union, UFCW; and Reuben R. McDaniel, III, President and Chief Executive Officer of the Dormitory Authority of the State of New York (DASNY). The final two appointments were also made by Governor Kathy Hochul.
Chris Alexander, former Drug Policy Alliance staffer and architect of Start SMART NY (Sensible Marijuana Access through Regulated Trade), will serve as the executive director of the OCM.
The first meeting of the five-member board commenced at 1:30 PM on October 5th and continued for a little over a half hour. As expected, it consisted of mostly regulatory steps and approvals, along with the introduction of board members. A series of resolutions were put forth (2021-01 a-d) to formerly approve the appointment of board members with existing public service roles, separate from their roles on the OCM Board (I hope to explore this more moving forward). Other resolutions enabled the transfer of certain factions and employees from the Department of health to OCM and confirmed the appointment of initial staffing needs.
A notable announcement was the immediate approval for the dispensing of whole flower cannabis to patients by any medical professional able to prescribe controlled substances in New York State. There are over 150,000 people in New York State prescribed medical marijuana from 38 existing dispensaries (with two additional dispensaries scheduled to open soon).
The tasks ahead are monumental, and I will be watching for related press releases and tuning in for future meetings (as well as taking some time to catch up on the educational and other information already posted at cannabis.ny.gov). Regulatory measures that need to be clarified also extend to CBD (Cannabidiol) production and recreational marijuana — which could be available for purchase from licensed dispensaries by December 2022 and is expected to generate as much as $350 million a year in new revenue for the state. Beyond the potential financial initiatives and benefits to New York State, the board will also need to focus on social equity aspects of the legislation, including entrepreneurial opportunities for residents of areas impacted by previous draconian drug laws in New York State. Appointments to key positions included that of Jason Starr, as Chief Equity Officer. Starr has over a decade of experience as an attorney, educator, organizer, and innovator in civil rights and social justice policy.
As mundane as board meetings are, I could feel the charge in the air as Chairwoman Wright outlined objectives and introduced the other board members, Executive Director Alexander, and announced the appointment of Jason Starr. While some have focused on the missed deadline, as set forth by the Marijuana Regulation and Taxation Act (MRTA)*, for regulations governing home cultivation by certified medical patients, all any of us can do is move forward from were we are and this law will, it is hoped, allow significant numbers of people negatively impacted by previous laws to do so. Given the time it has taken to move this law forward, I believe we can wait a bit longer to give this board the time needed to move things forward as equitably as possible.
Many of the board members have fought for the types of changes that they are now tasked with effectively regulating. I am pleased that former Governor Cuomo, in signing MRTA into law, recognized the benefits of legalizing adult-use, recreational marijuana in New York State and that Governor Hochul has moved quickly forward in getting this board established so they can move forward on behalf of we the people of New York State. As a life-time resident of New York—and someone who has been “inside” and seen firsthand how past drug laws have negatively impacted individuals and families—I welcome this legislation and offer a round of applause to the brave (in my opinion) individuals working to regulate more equitable marijuana use and industry in our state.
*The Marijuana Regulation and Taxation Act (MRTA)—first introduced in 2013 by Assembly Majority Leader Crystal Peoples-Stokes and Senator Liz Krueger — legalizes cannabis for adults 21 years of age or older. This law sets out a framework that will comprehensively regulate cannabis in New York State in a manner that will protect public health and safety, while promoting social equity and economic development. The Office of Cannabis Management (OCM) will license cultivators, processors, distributors and dispensaries to grow and sell cannabis in New York. To protect consumer safety, there will be laboratory testing and packaging and labeling requirements for cannabis products. The Office will create a social and economic equity program to encourage small businesses and communities disproportionally harmed by disparate drug enforcement to participate in the new industry. It will also regulate the medical marijuana program and hemp/CBD farming, along with adult-use recreational cannabis, under the Office of Cannabis Management.
Additional information can be found at the….
Office of Cannabis Management
Their website states that they a will be
TAKING BOLD ACTIONS TO ENCOURAGE SOCIAL JUSTICE, PUBLIC HEALTH AND ECONOMIC DEVELOPMENT IN THE LIVES OF ALL NEW YORKERS
The Marijuana Regulation and Taxation Act creates a first in the nation comprehensive regulatory structure to oversee the licensure, cultivation, production, distribution, sale and taxation of medical, adult-use and cannabinoid hemp within New York State.