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January 5, 2014

A political and media tipping point?: New York's Gov to reform state's marijuana laws

The title of this post is prompted the fact that today's New York Times has this lengthy lead story on its front page above the fold under the headline "New York State Is Set to Loosen Marijuana Laws." Here are excerpts:

Joining a growing group of states that have loosened restrictions on marijuana, Gov. Andrew M. Cuomo of New York plans this week to announce an executive action that would allow limited use of the drug by those with serious illnesses, state officials say.

The shift by Mr. Cuomo, a Democrat who had long resisted legalizing medical marijuana, comes as other states are taking increasingly liberal positions on it — most notably Colorado, where thousands have flocked to buy the drug for recreational use since it became legal on Jan. 1.

Mr. Cuomo’s plan will be far more restrictive than the laws in Colorado or California, where medical marijuana is available to people with conditions as mild as backaches. It will allow just 20 hospitals across the state to prescribe marijuana to patients with cancer, glaucoma or other diseases that meet standards to be set by the New York State Department of Health.

While Mr. Cuomo’s measure falls well short of full legalization, it nonetheless moves New York, long one of the nation’s most punitive states for those caught using or dealing drugs, a significant step closer to policies being embraced by marijuana advocates and lawmakers elsewhere. New York hopes to have the infrastructure in place this year to begin dispensing medical marijuana, although it is too soon to say when it will actually be available to patients.

Mr. Cuomo’s shift comes at an interesting political juncture. In neighboring New Jersey, led by Gov. Chris Christie, a Republican whose presidential prospects are talked about even more often than Mr. Cuomo’s, medical marijuana was approved by his predecessor, Jon S. Corzine, a Democrat, but was put into effect only after Mr. Christie set rules limiting its strength, banning home delivery, and requiring patients to show they have exhausted conventional treatments. The first of six planned dispensaries has already opened. Meanwhile, New York City’s new mayor, Bill de Blasio, had quickly seemed to overshadow Mr. Cuomo as the state’s leading progressive politician.

For Mr. Cuomo, who has often found common ground with Republicans on fiscal issues, the sudden shift on marijuana — which he is expected to announce on Wednesday in his annual State of the State address — was the latest of several instances in which he has embarked on a major social policy effort sure to bolster his popularity with a large portion of his political base....

The governor’s action also comes as advocates for changing drug laws have stepped up criticism of New York City’s stringent enforcement of marijuana laws, which resulted in nearly 450,000 misdemeanor charges from 2002 to 2012, according to the Drug Policy Alliance, which advocates more liberal drug laws. During that period, medical marijuana became increasingly widespread outside New York, with some 20 states and the District of Columbia now allowing its use....

[Mr. Cuomo's] shift, according to a person briefed on the governor’s views but not authorized to speak on the record, was rooted in his belief that the program he has drawn up can help those in need, while limiting the potential for abuse. Mr. Cuomo is also up for election this year, and polls have shown overwhelming support for medical marijuana in New York: 82 percent of New York voters approved of the idea in a survey by Siena College last May.

Still, Mr. Cuomo’s plan is sure to turn heads in Albany, the state’s capital. Medical marijuana bills have passed the State Assembly four times — most recently in 2013 — only to stall in the Senate, where a group of breakaway Democrats shares leadership with Republicans, who have traditionally been lukewarm on the issue.

Mr. Cuomo has decided to bypass the Legislature altogether. In taking the matter into his own hands, the governor is relying on a provision in the public health law known as the Antonio G. Olivieri Controlled Substance Therapeutic Research Program. It allows for the use of controlled substances for “cancer patients, glaucoma patients, and patients afflicted with other diseases as such diseases are approved by the commissioner.”

Mr. Olivieri was a New York City councilman and state assemblyman who died in 1980 at age 39. Suffering from a brain tumor, he used marijuana to overcome some of the discomfort of chemotherapy, and until his death lobbied for state legislation to legalize its medical use. The provision, while unfamiliar to most people, had been hiding in plain sight since 1980. But with Mr. Cuomo still publicly opposed to medical marijuana, state lawmakers had been pressing ahead with new legislation that would go beyond the Olivieri statute.

Richard N. Gottfried, a Manhattan Democrat who leads the assembly’s health committee, has held two public hearings on medical marijuana in recent weeks, hoping to build support for a bill under which health care professionals licensed to prescribe controlled substances could certify patient need. Mr. Gottfried said the state’s historical recalcitrance on marijuana was surprising. “New York is progressive on a great many issues, but not everything,” he said.

Mr. Gottfried said he wanted a tightly regulated and licensed market, with eligible patients limited to those with “severe, life-threatening or debilitating conditions,” not the broader range of ailments — backaches and anxiety, for instance — that pass muster in places like California, which legalized medical marijuana in 1996. “What we are looking at bears no resemblance to the California system,” Mr. Gottfried said....

Ethan Nadelmann, the executive director of the Drug Policy Alliance, praised Mr. Cuomo’s decision as “a bold and innovative way of breaking the logjam” in Albany, though it may not be the final word on medical marijuana. Mr. Cuomo “remains committed to developing the best medical marijuana law in the country,” Mr. Nadelmann said. “And that’s going to require legislative action.”

For a host of (mostly economic and practical) reasons, legal reforms and policy developments in New York often can and usually will get more than its fair share of national political and media attention from elites up and down the east coast and even around the nation. Indeed, the very fact this story in not due to break "officially" until later this week, but is still now front-page news in the first Sunday New York Times in 2014 shows how some New York stories often are treated like national and nationally-important stories from the get-go.

Especially interesting in this coverage and in the development of this issue in 2014, it seems that Gov. Cuomo has decided he needs to make a (bold?) move toward marijuana reform for political reasons. I am not surprised that recent developments in Colorado and elsewhere may change political calculations by lots of politicians on these matters over time, but I did not expect to see things moving so fast in important places like New York and involving important established state officials with national political aspirations.

Cross-posted at Marijuana Law, Policy & Reform

January 5, 2014 at 07:55 AM | Permalink

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Comments

NY ought to outlaw cigarettes. They not only kill you they run the medical bills up on all of us. Guns are quicker. Suicide is not painless with the tobacco method. Pot smoking is not "recreational" unless done in a canoe.

Posted by: Liberty1st | Jan 5, 2014 12:07:38 PM

Liberty1st:

I think early and certain deaths from cancer and COPD actually lighten the financial load on the medical insurance (scam) system. Dying early also lightens the load on SSI.

Now turning into a vegetable and needing 24/7/365 care, or dying of "old age", that's where the real costs are. Also, many cigarette smokers (pariahs - the next sex offenders) actually pay more for the insurance scam.

Posted by: albeed | Jan 5, 2014 7:41:00 PM

1. “The survey also looked at where teens are getting marijuana, and the survey showed that increased availability of the drug …
may be fueling rising rates among teens. In 2012 and 2013, 34% of high school seniors who used marijuana and lived in states where marijuana is [legally] available
for medical use, said they obtained the drug through someone else’s medical prescription.”

“This year’s survey polled 41,675 students from 389 public and private schools, and found only 39.5% of 12th-graders thought marijuana was harmful,
which is down from 44.1% last year. Usage among high school seniors has increased as well.
This year, 6.5% of seniors reported smoking pot daily
2.4% in 1993."

2. “levels of THC, the active ingredient in cannabis, have gone up from
3.75% in 1995 to an average of
15% in current marijuana cigarettes. For a developing brain, exposure to such doses has been linked to changes in the brain and memory loss.”

“The children whose experimentation leads to regular use are setting themselves up for declines in IQ and diminished ability for success in life,”
said Dr. Nora Volkow, director of the National Institute on Drug Abuse, in a statement.”

Today’s governments are not proving able to stop youth from using Cannibus, so where you legalise for adults, well, figure it out.

-- Marijuana Is Not Harmful, Say 60% of High School Seniors | TIME.com --

Posted by: Adamakis | Jan 6, 2014 10:42:02 AM

| "Mr. Cuomo has decided to bypass the Legislature altogether. In taking the matter into his own hands,"|

Ah, the contemporary, liberal, un-democratic Democrat party. Dictatorial and dismissive of Washington and Lincoln's "fearful master" government
"of the people, by the people, for the people".

Such a brash and clear standard has Pres. Barack “Putin” set, to routinely bypass legislative bodies with the stroke of a pen,
assured that the fawning press will mute the rational backlash.
While America slept…

Posted by: Adamakis | Jan 6, 2014 11:31:40 AM

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