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Marihuana in NYS


We are working on being your source for information about the change in the marijuana laws in New York.

Here is an update. Of course, legislation and bills change, the process can be messy and the final product might be different from what we know as of this writing.

First, in the official legislation in the New York State Senate, it is spelled marihuana!

Second, and more seriously, the Legislature, in Senate Bill S3040 has made the following findings which applies to just about all of us:

“. . . decades of arresting marihuana users has failed to prevent marihuana use or prevent minors from accessing marihuana. Existing marihuana laws have created a violent, illegal drug market that consumes millions of dollars in  criminal  justice resources each year.  Existing marihuana laws have also disproportionately impacted African-American  and  Latino  communities.    Regulating, controlling, and taxing marihuana like alcohol will save criminal justice resources, reduce  violent  crime,  reduce  racial disparities, and generate revenue.”

Definitions are always important in legislation. “ “Marihuana” means all parts of the plant of the  genus  Cannabis, whether  growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound,  manufacture,  salt,  derivative, mixture,  or  preparation  of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the  stalks, oil  or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature  stalks (except  the  resin  extracted  therefrom),  fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.”

The Alcohol Beverage Control Law will have a new Article 11. This will address, in fine detail, such issues as licenses, producers, processors and retailers together with packaging and labeling.

The Bill is currently in the Senate Finance Committee. As it progresses we will update you here.

This is not intended to be legal advice.  You should contact an attorney for advice regarding your specific situation.  


Robert M. Lefland is Senior Counsel and primary attorney in charge of Personal Injury at J&G. He can be reached by calling 866.303.9595 toll free or 845.764.9656 and by email .  He is available by appointment on Saturday’s.  If you need his immediate attention, you can reach him on cell.



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