Pot preference for ‘justice involved’ gives pause to law enforcement
New York took a big step toward opening its first licensed retail marijuana dispensaries when the Office of Cannabis Management adopted regulations on March 10 that could see some stores up and running by the end of the calendar year.
The proposed rules place ājustice-involvedā individuals at the head of the line for winning the right to open a storefront dispensary ā a priority in the 2021 law paving the way for recreational marijuana sales in New York State.
The newly issued regulations would require a person seeking a dispensary license to show proof of conviction for a pot-related offense in New York State prior to March 31, 2021, or have a family member convicted prior to March 31, 2021 on a pot charge.
The agency says it will evaluate license applicants based on criteria including whether the justice-involved individual had as his or her primary residence a home in an area with āhistorically high rates of arrest, conviction, or incarcerationā for marijuana-related offenses, lived in an area with historically low median income, or lived in public housing. And, they promise, OCM will āactively promote applicants from communities disproportionately impacted by cannabis prohibition, and promote racial, ethnic, and gender diversity when issuing licenses for adult-use cannabis related activities.ā
Otsego County District Attorney John Muehl was critical of the stateās plans for start-up licenses.
āWe want criminals running a business like this?ā he said. Sarcastically, he added, āWhat a fantastic idea. Here we are rewarding people who couldnāt follow the law in the first place.ā
āWeāre treating them like victims,ā he said of those with prior convictions. āItās like itās no big deal that they broke the law. Itās an unfortunate situation.ā
In an interview on WAMC radio last week, Albany County District Attorney David Soares, a Democrat, said, āItās not the marijuana thatās been the cause of violence, itās the protection of the illicit marijuana industry in urban centers that have been the cause of violence. And so to reward individuals whoāve been at the forefront of those offenses is just to me breathtaking.ā
State officials are leaning hard into the economic justice part of the equation.
āFor decades, the prohibition against cannabis was disproportionately enforced against black and brown New Yorkers, disrupting lives and communities,ā said OCM spokesman Freeman Klopott. āTo help offset those harms, New Yorkās new Cannabis Law, enacted last year, prioritizes those impacted the most for licenses in the new industry.ā
āThe Seeding Opportunity Initiative announced last week implements the intention of that law by prioritizing those with cannabis convictions for licenses to own a retail dispensary while also requiring that they have owned a successful business,ā he said. āIn other words, the Initiative prioritizes those who got a second chance and made the most of it by building a business thatās already part of our communities. Other states opened their markets with big-out-state, businesses, but in New York, weāre prioritizing small farmers and small businesses to open ours.ā
At this time, it appears the agency has set no limit on the total number of retail licenses it plans to authorize ā officials there said that will depend on customer demand. Locally, officials are not certain of the extent to which the regulatory lean will affect Otsego Countyās opportunities for early license approvals.
Village of Cooperstown Mayor Ellen Tillapaugh acknowledged the underpinning intent of the stateās new marijuana sales law.
āThe focus of the legislation was always on communities adversely impacted by prior enforcement ā 50 percent of licenses and also a focus on minority and women-owned business enterprises,ā she said. āSo a small rural community like Cooperstown was not going to be at the top of the list.ā
āHowever,ā she said, āthere are local individuals who are interested in having a retail location here, so they will be applying for a license.ā
āThereās no doubt prohibition affected more urban areas,ā said Village of Cooperstown Trustee MacGuire Benton, a vocal supporter of allowing a dispensary within village limits. āItās probably unrealistic to think that Cooperstown would definitely get a license from the start, but I know there are entrepreneurs in town who are interested.ā
āOne of the pillars of this legislation was righting some wrongs in the criminal justice system,ā he said. āNobody should have been sitting in jail and incarcerated because they sold some weed.ā
At the same March 10 meeting, the Office of Cannabis Management approved a license application beginning March 15, 2022 for hemp farmers seeking to grow adult-use cannabis beginning in the spring. The āAdult-Use Conditional Cultivator Licenseā process comes from a law Governor Kathy Hochul signed one month ago.
The āFarmers Firstā program provides a cultivator license to eligible New York cannabinoid hemp farmers, giving them the first chance to grow cannabis for New Yorkās adult-use market. Farmers will be required to follow quality assurance, health, and safety requirements developed by the OCM and must take part in sustainability and equity mentorship programs āthat will help build the first generation of equity cannabis owners across the entire supply chain,ā the OCM said.
Mr. Benton applauded the focus on farmers.
āIām hopeful that the push for cultivation licenses will be a big boost to Otsego County,ā he said. āI think that by prioritizing farmers, thatās where weāll see the real benefits locally. Itās entirely possible that it will be awhile before we get a retail dispensary, but the farmers can get to work right away.ā
State lawmakers are currently weighing Governor Hochulās state budget proposal for a $200 million fund to āmake funding available for equity entrepreneurs at the forefront of the adult-use cannabis market.ā Her office says the program would direct finds for industry licensing fees, leasing, construction, and renovations at āprime locationsā to meet health, safety, and security requirements.
The retail dispensary regulations remain open for comment through the OCMās website (cannabis.ny.gov); at press time, the site also contained information regarding the cultivation license process.
“Justice Involved”? That’s what’s wrong with the nation today. I could think of better words, Law, Breaker or Criminal. What about the “justice Involved” who sold pot and now their buyers went on the use hard drugs.
It makes you embarrassed to say I never broke any laws. Let’s get rid of these “Social Dreamers” they are ruining the country.
“Justice involved” = jail birds
What could possibly go wrong ?
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