A New York Democrat has introduced a pair of bills that would put new restrictions on marijuana in the state. One measure would limit the THC potency of cannabis products, while the other would prohibit cannabis consumption within 30 feet of where any child lives.
Both bills, A977 and A1007, were filed on Wednesday by Assemblymember Phil Steck. The potency proposal would limit marijuana flower to no more than 15 percent delta-9 THC, while all other cannabis products—including concentrates and hemp-derived products—would be capped at 25 percent delta-9 THC.
Growing, processing or distributing products exceeding those limits would be a Class B misdemeanor, punishable by up to 90 days in jail and a $500 fine.
The consumption measure, meanwhile, would outlaw smoking or vaping cannabis “within thirty feet of a child or within thirty feet of any location in which children reside or attend for any recreational or educational purpose.”
The restriction would include “areas separated by walls, closed door or floors within a building,” meaning the change could theoretically limit cannabis consumption even within users’ private residences if their neighbors have kids.
In addition to that provision, the consumption bill would also step up penalties for second and subsequent offenses around unlawful marijuana use, such as consuming near schools or using in areas where smoking or vaping is otherwise prohibited. Currently those activities are civil violations that carry a fine of up to $25 or community service. Under Steck’s bill, that would still be true for the first offense, but subsequent offenses would be charged as Class B misdemeanors.
A legislative memo in support of tighter consumption restrictions says that research has “shown that second-hand smoke from vaping and smoking cannabis are proven to be harmful to the health of adults and children.”
“Most adults have to ability to remove themselves from the area, children may not have the same ability,” the memo says. “This bill requires adults maintain a safe distance from children when smoking or vaping cannabis.”
As for Steck’s proposed THC limit, the memo in support of that proposal says that “the most egregious omission in legalizing adult-use cannabis in New York State is the absence of any cap on its potency.”
“Most people can use cannabis safely,” it says, but with increased availability of higher THC concentrations, there have been more adverse drug reactions.”
The memo also says that in particular, “edibles are trouble,” citing a study out of Colorado that found that edibles accounted for less than 1 percent of statewide cannabis sales but were responsible for 11 percent of emergency room visits.
“With an eye towards public health and safety,” it adds, “this legislation imposes a 15 percent cap on any cannabis flower, and a 25 percent cap on the concentration of the active ingredient delta-9 tetrahydrocannibinol in all manufactured cannabis products in the state.”
Notably, the bill would not adjust the total allowable THC limits in state-legal cannabis edibles, and the percentage-based limits would likely do little to rein in potency of the products. Even at the proposed 25 percent THC limit, a gummy weighing just 2 grams could contain up to half a gram of THC—a massive dose for most consumers.
The advocacy group NORML quickly came out against the new potency bill, A977, calling its proposed limits “arbitrary” in an email to supporters on Thursday.
“Prohibiting adults and patients from accessing higher-THC products from state-licensed retailers and dispensaries will not eliminate consumers’ demand for them,” the organization said. “Rather, it will encourage consumers and patients to seek out higher-THC products from the unregulated market. It will also move the production of these products exclusively underground. This undermines the primary goal of legalization, which is to provide patients and others with safe, above-ground access to lab-tested products of known purity, potency, and quality.”
Steck, the lawmaker behind the two proposals, was one of the sponsors in the Assembly of the New York’s 2021 cannabis legalization law, though he does not appear to have voted on the final bill.
Separate legislation filed in New York this week would allow future marijuana consumption lounges to sell non-infused food, non-alcoholic beverages and hold live performances such as concerts.
The legislation from Assemblymember John Zaccaro (D) seeks to amend the state’s cannabis legalization law as it concerns on-site consumption licenses, none of which have yet been licensed. It’s unclear when the state’s first consumption lounge licenses will be awarded, or if the bill will be enacted before those businesses get approved. But the proposed reform represents one of the latest efforts by lawmakers to diversify the market.
After a slow initial rollout in late 2022, what’s expected to eventually be a massive state marijuana market is finally gaining steam. Late last month, OCM reported that state-licensed retailers had sold more than $1 billion worth of legal cannabis products.
OCM’s acting executive director, Felicia Reid, said last week that it’s possible the state could double its adult-use marijuana sales in the coming year, potentially reaching $1.5 billion in cannabis purchases during 2025. Another OCM official said he expected “over 350 dispensaries to open in 2025.”
Meanwhile, state regulators released a package of annual reports last week that emphasized their work to promote social equity in the marketplace and crack down on illicit operators.
This past October, the office in a separate report acknowledged what it called “growing pains” during the launch of the New York’s adult-use market—including a slow market rollout, leadership controversies and so-called “predatory deals” around the state’s marijuana social equity fund—but also said they were confident the state was poised for success.
In November, Assembly Majority Leader Crystal Peoples-Stokes called for the state to extend financial aid to retail operators operators struggling under high-cost loans from a social equity fund created as a core part of the legalization program.
Later in the month, Hochul signed two new cannabis-related bills into law—one to revive the Cannabis Growers Showcase program, where producers sell products directly to consumers at farmers market-style events, and another clarifying that cannabis is categorized as an agricultural crop in the state.
The governor argued in June, meanwhile, that there’s a direct correlation between stepped-up enforcement and “dramatically” increased legal sales. A report by state officials last year found both “growing pains” and “successful efforts” in New York’s marijuana market launch.
In August, the governor lauded what she called the state’s “smokin’ hot” marijuana market, as the retailers in state passed the half-billion-dollar mark in legal sales since the market’s launch.
The governor also said in June that the state’s escalated enforcement actions against illicit marijuana shops is resulting in a significant increase in legal sales at licensed retailers.
She made the comments amid criticism from equity-focused activists over what they see as a “corporate takeover” of the cannabis market, citing reporting about the administration dismissing concerns from state officials about a “predatory” private equity loan deal the state approved to provide funding for startup cannabis retailers.
Certain advocates say Hochul has “falsely” blamed the legalization law itself for the state’s troubles with the illicit market, without taking responsibility for the administration’s role. To that end, there has been criticism of the governor’s ousting of Chris Alexander as executive director of OCM last year.
In an attempt to rein in unlicensed sales, the governor in February called on big tech companies such as Google and Meta to “do the right thing” by taking steps to stop promoting illicit marijuana shops, which have proliferated across the state.
Meanwhile, New York officials this summer rolled out a broad plan to encourage environmental sustainability and set energy use standards within the state’s legal marijuana industry. It’s part of regulators’ broader goal of promoting economic, environmental and social sustainability in the emerging sector.
In June, state regulators also formally approved rules to allow adults 21 and older to grow their own cannabis plants for personal use.
In September, meanwhile, the state announced it’s preparing to deploy up to $5 million in grants funded by marijuana tax revenue as part of an effort to reinvest in areas disproportionately impacted by the the war on drugs. OCM said the awards aim “to redress a wide range of community needs—from housing to childcare to job skills training and many areas in between.”
Separately, a group of 18 organizations recently wrote to New York’s governor to express dismay at what they described as marijuana regulators’ “efforts in service of big corporations at the expense of small business and equity outcomes” during the latter half of last year.
Photo courtesy of Philip Steffan.
A New York Democrat has introduced a pair of bills that would put new restrictions on marijuana in the state. One measure would limit the THC potency of cannabis products, while the other would prohibit cannabis consumption within 30 feet of where any child lives. Both bills, A977 and A1007, were filed on Wednesday by Read More
