Andrew Cuomo

How Cuomo’s and the Legislature’s marijuana legalization plans differ

A point-by-point guide to the competing proposals.

State Sen. Liz Krueger

State Sen. Liz Krueger NY Senate Photo

Editor’s note: Since this story was printed in our magazine, Gov. Andrew Cuomo has updated his marijuana legalization proposal. Amendments include more specifics on how proposed funding for social equity will be spent and a change permitting delivery services for legal marijuana. The governor also announced changes to proposed penalties for the sale of marijuana to underage people and the sale of illicit marijuana, making punishments for both crimes less severe. This post has been updated accordingly. Read more here.

For the third year in a row, Gov. Andrew Cuomo and state legislators have dueling proposals to legalize recreational marijuana. State Sen. Liz Krueger and Assembly Majority Leader Crystal Peoples-Stokes have already introduced the latest version of their Marijuana Regulation and Taxation Act. Cuomo has once again made his pitch, dubbed the Cannabis Revenue and Taxation Act, as part of his executive budget, which has not yet been formally introduced to the Legislature. The two approaches have similarities, including the general oversight structure, but still differ in a few areas, including taxes. Here’s the breakdown:

 Peoples-Stokes and Krueger’s proposalCuomo’s proposal
Oversight structureMarijuana programs are overseen by the Office of Cannabis Management, which includes a Cannabis Control Board, an advisory board and an executive director, nominated by the governor and confirmed by the Legislature.Marijuana programs are overseen by the Office of Cannabis Management, which includes a Cannabis Control Board and an executive director, appointed by the governor.
Tax structureImposes an 18% excise tax, which can go as high as 22% with additional optional local taxes municipalities may impose. Imposes a 10.25% sales tax, in addition to any local sales tax that may apply, as well as an excise tax based on the potency and type, ranging from .7 cents per milligram to 4 cents per milligram.
Home cultivationAnyone can grow, cultivate and process up to six marijuana plants at one time in their private residence.No one can grow, cultivate or process any amount of marijuana in their private residence.
Tax revenueThe bulk of tax revenue would be split three ways: 50% to a community grants reinvestment fund, 25% to a drug treatment and public education fund and 25% to the state lottery fund to go towards the state Department of Education.Tax revenue would in part go into a cannabis social equity fund on a schedule of $10 million in fiscal year 2023, $20 million in fiscal year 2024, $30 million in fiscal year 2025, $40 million in fiscal year 2026 and $50 million every year after. Use of the rest of the funds would largely be left to the discretion of the state.
Licenses availableLegislation provides for cultivator, processor, distributor, retail, cooperative, microbusiness, nursery, on-site consumption and delivery licenses. No person or company can hold a retail license if they hold a cultivator, processor or distributor license. The exception is a microbusiness license, which allows small-enough operations to retail what they grow.Legislation provides for cultivator, processor, distributor, retail and cooperative licenses. Delivery services will also be permitted. Microbusiness licenses – which permit businesses to cultivate, process, distribute and retail their own cannabis if they are small enough – are mentioned as an option, but not explicitly required. No person or company with a retail license can hold a cultivator, processor or distributor license.
Social equity planIncludes provisions for the creation of a social equity plan that would prioritize licensing of and provide assistance to minority- and women-owned businesses, disadvantaged farmers and people from communities harmed by marijuana enforcement in the past, including those with past convictions. Mandates the creation of an incubator program and sets a goal that 50% of licenses will go to social equity applicants.Includes provisions for the creation of a social equity plan that would prioritize licensing of and provide assistance to minority- and women-owned businesses, disadvantaged farmers and people from communities harmed by marijuana enforcement in the past, including those with past convictions.
Social equity oversightHas a chief equity officer tasked with helping to create and ensure continued compliance with the social equity plan, as well as establishing a public education plan for communities that have experienced negative consequences from past pot enforcement. They would be required to produce yearly compliance reports and would chair a committee that administers community grant funds.Has a deputy director for social and economic equity tasked with overseeing the social and economic equity plan, but with no specific statutory duties.
Past convictionsIncludes a provision for the automatic expungement, vacature or sealing of low-level pot convictions that would not be crimes under the new law.Permits those convicted of and currently serving time for low-level pot offenses that would no longer be crimes under the new law to seek a retrial or resentence.
Future enforcementMakes sale of marijuana to someone under the age of 21 a Class A misdemeanor, and the sale of more than three ounces of marijuana to someone under the age of 18 a Class E felony.Makes the sale of to someone under the age of 21 a Class A misdemeanor.
Legal possessionA person over 21 can legally carry up to three ounces of marijuana, or 24 grams of concentrated cannabis (like in edibles).A person over 21 can legally carry up to one ounce of marijuana, or five grams of concentrated cannabis (like in edibles).

 

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.