Recent changes to marijuana regulations have people asking a lot of questions. We have received several documents that lay out exactly what these changes are. You can view the PDF documents through the links at the end of this blog.
The New York State Government released a memo highlighting provisions and explanations of the new law that has gone into effect. For more information, or if you have legal concerns and are in need of counsel, please contact us.
New Law for Cannabis Legalization in New York State
On March 31, 2021 Governor Cuomo signed into law the Marihuana Regulation and Taxation Act (A1248A/S854A), legislation that legalizes possession and sale of specified amounts of cannabis, reinvests tax revenue in communities targeted by the war on drugs, creates automatic expungement for previous marijuana convictions, and limits the use of cannabis odor as a justification for police intrusions. The new law can be viewed in its entirety here: https://legislation.nysenate.gov/pdf/bills/2021/S854A.
What is Cannabis?
- Cannabis includes all parts of the plant of the genus Cannabis, whether growing or not; including the seeds, 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.
- Cannabis 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.
- Cannabis also does not include hemp, cannabinoid hemp, or hemp extract as defined in section three of the cannabis law, or drug products approved by the Federal Food and Drug Administration.
What is Concentrated Cannabis?
- Lay definition: concentrated cannabis is the product made from distilling the most desirable parts of a cannabis plant, containing all the cannabinoids found in cannabis flowers and none of the excess plant material.
- Statutory definition: concentrated cannabis includes the separated resin, whether crude or purified, obtained from a plant of the genus Cannabis; or material, preparation, mixture, compound or other substance which contains more than three percent by weight of delta-9 tetrahydro-cannabinol, or its isomer, delta-8 dibenzopyran numbering system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) monoterpene numbering system. PL § 222.00(2).
What does it mean to “Sell” Cannabis?
- Unlike the sale of controlled substances, “selling” cannabis means to sell, exchange or dispose of cannabis for compensation. “Sell” does not include the transfer of cannabis or concentrated cannabis between persons twenty-one years of age or older without compensation in the quantities authorized in PL § 222.05(1)(b). PL § 222.00 (3).
Is a Person Permitted to Give Cannabis to Another Person Under the New Law?
- Yes. A person who is 21 or over may give lawful amounts of cannabis to other people who are 21 or over so long as no compensation is exchanged (PL § 222.05(1)(b)).
To learn more about the NYPD Marijuana Advisory CLICK HERE.
To learn more about the Practice Advisory re Marijuana Legalization CLICK HERE.
Still have Questions About Changes to Marijuana Regulations?
Contact LoTempio P.C. Law group by calling 716-855-3761 or by using our contact form.
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