NEW YORK (1010 WINS) – Gov. Andrew Cuomo signed legislation Wednesday legalizing recreational marijuana in New York state.
Cuomo signed the bill into law after state lawmakers passed the bill on Tuesday night. The Senate voted 40-23 in favor and the Assembly approved it 100-49.
New York is now the 16th state to legalize marijuana sales to adults and the third state where lawmakers, rather than voters, have approved legalization. Neighboring New Jersey also legalized marijuana this year.
"This is a historic day in New York - one that rights the wrongs of the past by putting an end to harsh prison sentences, embraces an industry that will grow the Empire State's economy, and prioritizes marginalized communities so those that have suffered the most will be the first to reap the benefits," Cuomo said in a statement.
The bill legalizes marijuana sales to people over the age of 21. It also expands the state’s existing medical marijuana program, allows individual New Yorkers to grow six plants for personal consumption and sets up a licensing and taxation system for recreational sales.
The law also allows “using, smoking, ingesting or consuming cannabis or concentrated cannabis.” New Yorkers can’t smoke or vape cannabis in locations prohibited by state law, including workplaces, colleges and universities, hospitals and within 100 feet of a school.
New York will start automatically expunging the criminal records of individuals with certain past marijuana-related convictions, and law enforcement in the state won’t be able to arrest or prosecute individuals for possession of marijuana up to 3 ounces.
The legislation takes effect immediately now that it's been signed into law, though sales won't start until New York sets up regulations and a proposed cannabis board. Assembly Majority Leader Crystal Peoples-Stokes has estimated it could take 18 months to two years for sales to start.
It has taken years for the state’s lawmakers to come to a consensus on how to legalize recreational marijuana amid debates over impaired driving, where to direct revenues and whether legalization would make it easier for children to access marijuana. Democrats, who now wield a veto-proof majority in the state Legislature, have made passing it a priority this year.
Legalization could eventually bring the state about $350 million annually, according to Cuomo’s administration. Local governments could opt out of retail sales.
New York would set a 9% sales tax on cannabis, plus an additional 4% tax split between the county and local government. It would also impose an additional tax based on the level of THC, the active ingredient in marijuana, ranging from 0.5 cents per milligram for flower to 3 cents per milligram for edibles.
The Associated Press contributed to this report.
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