Grow Life 420

MRTA: A-

CRTA: C- 

New York State is set to legalize and regulate cannabis for adult-use, and improve our existing medical marijuana and hemp programs by April 1st with the 2020-2021 NYS Budget. But our work isn’t over yet and we need to fight for SMART legalization now more than ever!

The MRTA (Marijuana Regulation and Taxation Act) was first introduced by Assembly Majority Leader Crystal Peoples-Stokes and Senator Liz Krueger in 2013, and has been re-introduced every session since. The bill has gone through several versions to include improvements through the years, taking what we’ve learned from other states successes and failures, aiming to create the gold standard of marijuana legalization legislation. The bill currently has 22 co-sponsors in the Senate and 43 co-sponsors in the Assembly.

The CRTA (Cannabis Regulation and Taxation Act) was first introduced by Governor Andrew Cuomo with the 2019-2020 budget proposal. It failed to pass with the budget last year due to lack of support from the legislature, and a similar version of the bill was introduced again this year with the 2020-2021 NYS budget proposal. 

Late February a revised version of the 2020-2021 NYS budget proposal was introduced – but disappointingly, no changes were made to the section containing the CRTA.

While neither bill is perfect, NY NORML chapters unanimously agree the MRTA is far superior to the CRTA, and revisions must be made to the CRTA before it is passed into law.

Let’s take a look at some of the key differences between these bills, which have been used to grade each one, resulting in an A- for the MRTA and a C- for the CRTA:

Tax revenue to reinvest into social programs for communities disproportionately harmed from the war on drugs

YES MRTA= % of tax revenue from marijuana legalization is allocated specifically for a Community Reinvestment Grant program.

NO CRTA = claims tax revenue could potentially be used for social programs but no specific money is allocated.

Prevents further criminalization of cannabis consumers for possessing small amounts of illicit marijuana

YES MRTA = possessing illicit marijuana (from an unlicensed source) is a violation with a fine, for up to 2 pounds of flower and 4.5 ounces of concentrate; any amount over these limits can be a misdemeanor, arrestable offense.

NO CRTA = possessing any amount of illicit marijuana is a misdemeanor
Important Note: The Decriminalization Bill passed by Governor Cuomo in 2019 made it so any amount of marijuana flower, up to 2 ounces, is a violation, but the CRTA proposes going backwards to any amount of marijuana from an unlicensed source being a misdemeanor, arrestable offense.

Allows for home cultivation for personal use

YES MRTA = allows up to 6 plants for adult-use, per adult per household, and any amount over that limit is a violation with a fine.

NO CRTA = prohibits home cultivation for adult-use and classifies any amount of plants as at least a misdemeanor. Medical marijuana patients can register with the state to obtain a home cultivation permit, which allows the state to enter a patient’s house at any time for inspection. Medical patients are restricted to 4 plants total, per household. Medical patients are restricted from making any consumable or topical products for personal use from their marijuana plant. If any of these limits are broken, it is at least a misdemeanor, arrestable offense.

Promotes and supports growth and sustainability of small businesses and building diversity and equity in the industry

YES MRTA = creates a multi-tier licensing structure, modeled after the craft beer industry, restricting vertically integrated companies to prevent the creation of an oligopoly in the market. This licensing model allows for multiple points of entry into the system with affordable licensing fees.

NO CRTA = few limitations around current vertically integrated companies in the medical marijuana industry getting licenses in the adult-use industry, which would cripple small businesses from having a chance to compete.

Access to commonly found cannabis products in the regulated market

YES MRTA = keeps commonly found cannabis products on the market legal, keeping current consumers patronizing the legal market.

NO CRTA = aims to regulate potency and types of products available, which will inevitably drive consumers to the illicit market to find familiar products.

Formation of Office of Cannabis Management to oversee the cannabis industry and regulations

YES MRTA = all members are appointed by the Governor, pending legislative approval, providing checks and balances for the people being chosen to hold these positions.

NO CRTA = all members are appointed solely by the Governor and the legislature has no control over the people chosen to hold these positions.

Affordable tax rate

NO MRTA

NO CRTA

Neither bill offers affordable tax rates. At the current proposed tax rate, which is the same in both bills, it is estimated an eighth of flower will cost anywhere from $60-$70. This is unacceptable and will destroy the chance of building small, craft cannabis businesses.

Adequate improvements to the medical program

NO MRTA

NO CRTA

Neither bill offers adequate improvements to the medical marijuana program. At the very least, improvements must include the addition of flower into the medical marijuana program, tax exempt medical marijauna products until insurance companies begin to cover the medicine, and reciprocity granted to patients certified in other jurisdictions.

Legalization in NYS has 3 main goals:

1. Address decades of harm caused by marijuana prohibition
2. Create a regulated market so cannabis consumers have access to affordable, safe products
3. Create a new source of tax revenue for the state

When we look back at some of the key things we’ve learned from the states that have legalized before us is over-regulation and over taxation is what has been most damaging to this budding industry. 

If NYS wants to accomplish any of the 3 goals that have been set, we need our leaders in Albany to learn from the mistakes made by other states, and revisions must be made to the CRTA before it can be passed into law.

All month long, until March 31st, we need everyone to be calling, emailing, tweeting, and meeting with our leaders in Albany to urge them to make changes to the proposed legalization bill.

1. Use this action alert to send an email to the Governor and Speakers of the Assembly and Senate
2. Use this form to sign up for our March 24th state wide lobby day
3. Use the phone numbers and script below to call them and help us ring their phones off the hook in response to the anti-legalization lobby day happening today:

Governor Cuomo: 518-474-8390

Speaker Heastie: 518-455-3791

Leader Stewart-Cousins: 518-455-2585

“My name is (your name), a constituent from (your city). I am a supporter of Start SMART NY and NORML, and I want to urge you to support legalization in the budget, but the bill as it stands today must have changes made. The Marijuana Regulation and Taxation Act (Senate Bill 1527/Assembly Bill 1617) is the bill to look at for guidance on changes that are needed to the Cannabis Regulation and Taxation Act (the bill included in the Governor’s budget proposal). The most important changes needed to the CRTA include:

1. Allocating a specific % of tax revenue to reinvest into social programs for communities disproportionately harmed from the war on drugs;
2. Preventing further criminalization of consumers for possessing small amounts of illicit marijuana;
3. Allowing for home cultivation of cannabis for personal, adult-use;
4. Promoting and supporting the growth and sustainability of small businesses and building diversity and equity in the industry;
5. Access to commonly found cannabis products in the regulated market with a goal of keeping current consumers patronizing the legal market;
6. Formation of the Office of Cannabis Management to oversee the cannabis industry and regulations, with checks and balances provided through legislative approval;
7. Affordable tax rate; and
8. Adequate improvements to our medical program

New Yorkers are tired of waiting for legalization but we won’t accept legalization at any means necessary. We urge you to listen to the recommendations being made by members of the Start SMART NY alliance and make these important changes to the CRTA before it is passed into law.

Proponents of cannabis reform in Kentucky had an opportunity to have their voices heard at the legislative level on January 22nd and 23rd.

Advocacy groups including Kentucky’s chapter of the National Organization for the Reform of Marijuana Laws (KY NORML), Kentuckians for Medical Marijuana (KY4MM) and Kentucky Cannabis Freedom Coalition (KCFC) organized advocacy day activities in Frankfort.

Kentuckians throughout the commonwealth traveled to the Capitol Annex to participate in meetings with more than 80 legislators in an attempt to persuade lawmakers to vote to pass medical cannabis legislation as proposed in House Bill 136 sponsored by state Rep. Jason Nemes, R-Louisville, or as the emerging trend is becoming with Kentucky’s legislators, thanking them for their support.

“It’s time in Kentucky for people who will be helped by medical marijuana to have access to it,” Nemes said in a recent interview. “It allows physicians if they think their patients will benefit from medical marijuana, to make a recommendation to the patient so they can get it.”

“Out of state lobbyists are certainly trying to influence medical cannabis legislation in their favor and not in the interests of our patients here in Kentucky. Citizens need to let their lawmakers know how they feel about these issues. Organizing events like these helps get the people in front of their legislators so they can hear their opinions. They are there to represent their constituents, after all. That’s why it is so vital that our citizens, activists, and patients show a united front and let their voices be heard on HB136 as well as the other cannabis bills in Frankfort.” said KY NORML Executive Director Matthew Bratcher.

Bratcher recommends advocates who visit or have a call with their legislators to be polite and respectful regardless of differing political opinions between constituents and elected officials.

During the 2020 Advocacy Days, KY NORML hosted The Real Cannabus, operated by Enlighten, a Bowling Green-based cannabis technology company. The bus is a state-of-the-art rolling dispensary showroom meant to showcase Enlighten’s high-tech line of dispensary products, as well as educate people on the safety and regulations enacted in a regulated cannabis market. Lawmakers were encouraged to take a private tour of the Cannabus to experience it firsthand, and many took advantage of the opportunity to learn more about the industry as well as safety protocols that are implemented in other states to prevent diversion.

At the conclusion of Advocacy Days, KY NORML, KY4MM, and KCFC hosted a networking event at All Things Hemp, a CBD Health and Wellness store located in downtown Frankfort. The networking event included discussions about what was learned during Advocacy Days, the next steps for medical cannabis legalization, a summary of other upcoming cannabis-related legislation, and a path forward for cannabis reform.

Over the course of the two-day lobbying effort and the following days, Sen. Steve West, D- Paris, introduced the companion bill to HB136, Senate Bill 107. Sen. West was joined by 10 of his colleagues in the Senate in co-sponsoring the bill. SB107 was then sent to the Senate’s Judiciary Committee, mirroring the path of HB136 through the House. Momentum in the House of Representatives has kept going, with House Bill 136 gathering 45 sponsors, consisting of almost half of its chamber’s members.

KY NORML encourages Kentuckians who support medical cannabis reform to fill out to write your legislator or to call the legislative hotline at 1-800-372-7181. Callers must provide their name and zip code and are able to leave a message for lawmakers in support of medical cannabis reform and any other cannabis-related issue such as cannabis decriminalization in this legislative session.

Lehigh Valley NORML, and medical cannabis patients from across Pennsylvania, will hold the second in a series of monthly protests at the Department of Health (PaDOH) headquarters on Forster St. “Patients First: Fixing Medical Marijuana in PA” will commence on Wednesday November 13, 2019 from 08:30 AM-5:00 PM.

These events offer a voice to the large number of registered medical marijuana patients who are deeply dissatisfied with the current program. Key concerns: Expensive prices, product shortages and quality, few legal protections and the daily threat of a DUI charge.

Their first rally, on October 23, saw a groundswell of support from the patient community, and  garnered significant media attention. The Nov. 13th protest again focuses on the struggles within Pennsylvania’s very restrictive medical marijuana program.

While boasting an enrollment of around 200,000 patients, those registered continue to suffer under the extended growing pains of a stunted program. Employers and law enforcement are also playing catch up to the new laws. Patients have faced lost jobs and needless DUI charges.

Meanwhile, those who hold the lucrative cultivation, processing, and dispensary licenses are finding new ways to profit, primarily by selling to out of state investors. Patients are stuck paying some of the most expensive cannabis product prices in the country: Average out-of-pocket expenses of over $1000 per month, with no relief from insurance.

These protests will highlight the program’s shortcomings, and offer sensible solutions directly from the patient community. A Patients’ Bill of Rights for Medical Cannabis will be offered to legislators as a proposed Resolution.

Lehigh Valley NORML Executive Director Jeff Riedy said, ”These protests were organized in response to the ongoing cries from registered patients. We fought to win this Medical Cannabis program in Pennsylvania, and we continue to support it. Now, we believe that the needs of our patients are being overlooked in favor of business enterprises. It’s time for our regulators and legislators to listen to our seriously ill residents once again.”

According to longtime NORML organizer Chris Goldstein, “It’s time for the Department of Health to begin actively evolving this program. Prices need to come down significantly for working patients, and those living on a fixed income. Healthcare only works when people can afford it.”

The next event will be on December 18, and will include a protest at the Capitol, along with a rally and brief press conference inside the Capitol Rotunda. Patients will engage in citizen lobbying efforts throughout the day.