NYS Legislative Rumblings Towards Marijuana Legalization
- October 22, 2018
- Michael Cimasi, Esq.
- 0 Comment(s)
As with most states, marijuana enforcement in NYS has slackened on the lowest levels of possession. NYS Penal Law Section 221.05 for Marijuana Possession is often adjudicated by a modest fine or an Adjournment in Contemplation of Dismissal. Now the NYS Assembly, at Governor Cuomo's urging, is looking into greater de-criminalization of marijuana possession and regulation/taxation of its sale within the state. As marijuana is still listed as a Schedule 1 drug federally under the Controlled Substance Act (https://www.deadiversion.usdoj.gov/schedules/orangebook/e_cs_sched.pdf). Thus, no matter what action is taken at the state level, it will have complicated interactions with federal jurisdiction within NYS.