Cimasi Law Office

NYS Legislative Rumblings Towards Marijuana Legalization

As with most states, marijuana enforcement in NYS has slackened on the lowest levels of possession. NYS Penal Law Section 221.05 for Marijuana Possession is often adjudicated by a modest fine or an Adjournment in Contemplation of Dismissal. Now the NYS Assembly, at Governor Cuomo's urging, is looking into greater de-criminalization of marijuana possession and regulation/taxation of its sale within the state. As marijuana is still listed as a Schedule 1 drug federally under the Controlled Substance Act (https://www.deadiversion.usdoj.gov/schedules/orangebook/e_cs_sched.pdf). Thus, no matter what action is taken at the state level, it will have complicated interactions with federal jurisdiction within NYS.


https://www.usnews.com/news/best-states/new-york/articles/2018-10-16/ny-lawmakers-to-hold-hearing-on-legalization-of-marijuana 

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