Daniel Hayden, Chava Golding, and Batya Resnick

Policy Memo

Legalize Marijuana in NY State

Daniel Hayden, Chava Golding, and Batya Resnick

9103: Baruch College

May 2015

Executive Summary

Legalize Marijuana in NY State

The legalization of marijuana is a hot topic currently facing the country. Like the prohibition of alcohol in the 1920s, a policy that initially had the public support has shifted as more problems are created from policing marijuana than stopped through its ban. Many states are debating whether or not to legalize or decriminalize marijuana. After the successes of legalization efforts in Colorado, Washington, and now Alaska, it is becoming clear that the pros far outweigh the cons and that NY State is ready to legalize marijuana. By crafting a responsible policy that legalizes marijuana, New York will be stemming a rise in the prison state; laws against marijuana are not targeting hardened criminals but rather turning ordinary citizens into criminals.

Furthermore, its legalization will be fighting against laws that target racial minorities. Finally, legalizing marijuana makes sense economically and will help create a well regulated industry. The rising numbers of states that have legalized marijuana give New York models to work from. By examining each state’s policy and addressing strengths and weaknesses, New York can adopt responsible legislation.

POLICY MEMO

To: Governor Cuomo, Senator Lanza, and Senator Dilan

From: Daniel Hayden, Chava Golding, and Batya Resnick

Date: May 7, 2015

Re: Legalize Marijuana in New York State

THE PROHIBITION OF MARIJUANA

The legalization of marijuana is a hot topic currently facing the country. Like the prohibition of alcohol in the 1920s, a policy that initially had the public support has shifted as more problems are created from policing marijuana than stopped through its ban. Many states are debating whether or not to legalize or decriminalize marijuana. While New York decriminalized marijuana and currently is implementing a law that would allow for medical marijuana to be prescribed by 2016, there is more to be done.

Although the effects of marijuana are still being debated, some emerging science suggests that marijuana is not as unhealthy as other drugs or even alcohol. According to a Congressional study by the Institute of Medicine, it was found that only 10% of those who try marijuana ever meet the clinical criteria for dependence, compared to 32% of tobacco users and 15% of alcohol users.[i] It is indeed true that marijuana use among teens and adolescents can have negative cognitive developmental consequences; however, scientific studies show no relation for any cognitive problems among adult users.[ii] Of course, our recommendation is to still limit the sale to minors.

After the successes of legalization efforts in Colorado, Washington, and now Alaska, it is becoming clear that the pros far outweigh the cons. The “War on Drugs” has failed in its attempt to keep many illicit substances off the streets. While not all narcotics should be decriminalized or legalized, marijuana is the exception. By crafting a responsible policy that legalizes marijuana, New York will be stemming a rise in the prison state, fighting against laws that target racial minorities, enact fiscally responsible police procedures, and create a well regulated industry.

The Prison State

It’s no secret that America has a problem with how many citizens get arrested. According to a leading nonprofit, the United States’ prison population is more than 6 times as high as the average western European country and only Russia has a higher incarceration rate per 100,000 people.[iii] Part of that problem is the drug policy.

New York decriminalized marijuana back in 1977, making it a “non-criminal offense” to possess up to 25 grams. Still, a fine is incurred for any amount below the 25 gram limit: $100 for a first time offender, $200 for a second offense and $250 with a possibility of an additional 15 day imprisonment on the third offense. Despite that, marijuana arrests have continued to rise. In New York City there were 59,000 marijuana related arrests in 2010.[iv] In 2011 alone, more people were arrested for marijuana possession than the total combined number of such arrests between 1981 and 1995.[v]

Currently, New York law makes it a criminal offense to be in possession of more than 25 grams of marijuana; an amount equal to less than 1 ounce. The table below cites figures and penalties from the New York Penal Law Code.[vi]

Marijuana Possession Penalties /
Amount / Greater than 25 grams, less than 2 oz. / Greater than 2 oz., less than 8 oz. / Greater than 8 oz., less than 16 oz. / Greater than 16 oz., less than 10 lbs. / Excess of 10 lbs.
Charges / Class B Misdemeanor / Class A Misdemeanor / Class E Felony / Class D Felony / Class C Felony
Sentence / Maximum 3 months in prison / Maximum 1 year in prison / Maximum 4 years in prison / Maximum 7 years in prison / Maximum 15 years in prison

As the table illustrates, the more marijuana an individual possesses, the more trouble they face. However, racist policing practices have made minorities more susceptible to punishment even when they are in possession of a noncriminal amount.

Race Issues in Marijuana Enforcement

The issue of race and the impact our current drug policy has on minorities must be addressed. Despite similar rates of use, African Americans are 3.7 times more likely to be arrested for marijuana than their white counterparts.[vii] Once arrested, black people are 10 times more likely to be sent to prison than white people.[viii] Even a misdemeanor marijuana conviction can result in revocation of professional licenses and driver’s licenses and an inability to get insurance, mortgage or bank loans.[ix] It raises the question: Why? A recent study concluded that of the 30,000 New Yorkers who were convicted of a marijuana offense, 90% of those without a prior conviction had no subsequent felony convictions.[x] Like Prohibition in the 1920’s and 30’s, these laws are not targeting hardened criminals but rather turning ordinary citizens into criminals. Furthermore, the economic pitfalls are well documented.

Unaffordable Drug Policies

It costs the United States an estimated 3.6 billion dollars a year to enforce marijuana drug laws.[xi] Using the previous example of over 59,000 marijuana arrests in New York City alone, it is easy to imagine an inordinate amount of money being spent in New York to combat weed. Legalization would allow the state to reallocate the funds it currently has pigeonholed for marijuana towards more worthwhile pursuits such the prevention and policing of violent crimes and anti-terrorism efforts. It would also free up the court system fighting to keep afloat in the midst of a seemingly endless river of drug trials. Finally, prisons would be less taxed without the influx of nonviolent offenders.

Political Will

In a 2013 Pew Poll, 52% of respondents said they supported legalizing marijuana use.[xii] A closer look at the same survey indicates that the number jumps to 69% of millennials in support of legalization.[xiii] Similar to gay marriage, the environment is ripe to push for comprehensive change that would have been impossible a decade ago. In connection to my final point, 72% of respondents in another poll stated that government efforts to enforce marijuana laws were not worth the cost.[xiv]

Legalization Makes Sense Economically and Socially

Colorado provides a roadmap in what to expect immediately after legalizing marijuana. In the first four months after legalization, Colorado collected over 10 million dollars in new tax revenue.[xv] Most of that tax money was earmarked for schools, infrastructure and substance abuse policies. Colorado is swimming in so much extra tax money that it has even started giving rebates to its citizens. In addition, Colorado saved an estimated 12 to 40 million dollars by ending criminal penalties for marijuana possession.[xvi] Finally, an estimated 1 to 2 thousand jobs have been created to support the new marketplace.[xvii] These economic booms would only be magnified in a state as large as New York.

Looking again to Colorado, we see that overall crime has decreased by 10% and that violent crime has decreased by 5.2%. By refraining from turning ordinary, law-abiding citizens into criminals, New York could save millions of dollars each year. New York would also be supporting its citizens that lose access to vital services by having petty pot related convictions.

A RESPONSIBLE PUSH TOWARDS LEGALIZATION

The rising numbers of states that have legalized marijuana give New York models to work from. By examining each state’s policy and addressing strengths and weaknesses, New York can adopt responsible legislation.

Policy Option 1: Colorado’s Model

In November of 2012, Colorado’s citizenry voted to pass Colorado Amendment 64, which legalized the use of recreational marijuana. Colorado’s Task Force on the Implementation of Amendment 64 spent a year gathering data and gave the state a solid framework on how best to proceed with legalization. Public sale and personal consumption began in January of 2014 with policies meant to encourage responsible use.

Like the sale of alcohol, Colorado controls which establishments may sell marijuana through the issuance of licenses. Accordingly, Colorado prohibits the sale of marijuana to any persons under the age of 21.[xviii] This is enforced through the scanning of state issued ID cards presented at the time of sale. Any establishment caught selling marijuana to underage persons is subject to penalties similar to serving alcohol to the under-aged, up to and including license revocation. Similarly, any citizen caught selling or gifting marijuana to anyone under 21 is subject to criminal charges.

Despite its legal status, Colorado still seeks to restrict the amount that citizens can possess at any one time. A limit of one ounce of marijuana per person is enforced for state residents. Colorado also allows for citizens to grow up to 6 marijuana plants, although only 3 can flower, or mature, at any one time.[xix] Interestingly, out of state residents — who are still permitted to possess one ounce — may only purchase 1/4 of an ounce during any transaction. This is meant to lessen the risk of out of state residents moving marijuana across state lines, a federal crime.

Marijuana may not be consumed in public in Colorado. Violators of this law are issued tickets with fines similar to public consumption of alcohol. Driving under the influence is still considered a crime and is dealt with seriously. Any person suspected of driving under the influence of marijuana is subject to a blood test with a standard of 5 nano-grams of THC per milliliter of blood being the standard for intoxication.[xx] Unlike alcohol, marijuana use creates smoke which can lead to violations of clean air standards in buildings. For that reason, marijuana “bars” have not been created, though some businesses are experimenting with loopholes in state law. With the rise in popularity of vaporizing, or vaping, marijuana can be inhaled and dispersed harmlessly as water vapor and may be a future avenue of exploration in Colorado.

Finally, marijuana is taxed quite extensively in Colorado. From production to sale, marijuana is taxed 4 separate times. An initial excise tax, followed by local and state sales taxes is followed by a special marijuana sales tax.[xxi] Tax revenue generated through the sale of marijuana is earmarked for substance abuse programs, public education and other state programs.

Policy Option 2: Washington’s Model

Washington passed a similar bill in November 2012 that legalized the sale and consumption of marijuana beginning in July of 2014. While many of its components are very similar to the Colorado legislation, there are some key differences.

Sale of marijuana is still only available to persons of 21 years of age and older, and they may only possess one ounce. Retail outlets must be licensed with the state, and identification must be present at the time of sale. It remains a crime to possess marijuana under the age of 21 and it is criminal to sell or gift marijuana to any person that is underage. Public consumption is not permitted and is treated similarly to public consumption of alcohol. Washington also uses the standard of 5 nano-grams of TCH per milliliter of blood for the enforcement of driving under the influence.[xxii]

Unlike Colorado, Washington does not allow the cultivation of personal marijuana plants. Only licensed retailers and medical patients on file with the state registry are allowed to grow their own marijuana and even then, medical patients are still restricted to 6 plants.[xxiii] Disallowing personal cultivation is meant to ensure the quality, and in part, to standardize what people are smoking. Removing the access to homegrown marijuana also pushes citizens toward legal purchases rather than black-market sales.

Washington also employs a database that tracks marijuana from when it’s grown through sale.[xxiv] The database is meant to ensure that marijuana is being distributed legally and is not ending up across state lines. Such a database does not file any personal information of the buyer, only that the marijuana was sold.

Tax revenue generated from the sale of marijuana is also divvied up. 50% of taxes collected would go to the State Basic Health Plan Trust, 18.7% would be sent to the State General Fund, another 15% would be granted to the Department of Health Substance Abuse Program, followed by 10% to the Department of Health Marijuana Education and Public Health Program.[xxv] Smaller amounts are granted to state universities for research into marijuana and other controlled substances.