Legislature back in session -- we want a vote on medical marijuana
Last update: February 4, 2010
2009 started out as a very exciting year for New York's medical marijuana legislation, but a Senate leadership struggle kept compassionate medical marijuana legislation in limbo for months. The New York legislature returned briefly on November 10, but did not vote on our bill or any other major legislation. Now that the legislature has returned for the 2010 session, we must do everything we can to make sure we get a vote at that time on our medical marijuana bill, which would remove state criminal sanctions for seriously ill patients using marijuana on their doctors' recommendations.
In 2009, New York's medical marijuana legislation was modified to garner support from senators of both parties. The twin bills, A. 9016 and S. 4041-B, are sponsored by Assembly Health Committee Chair Richard Gottfried (D-Manhattan) and Senate Health Committee Chair Tom Duane (D-Manhattan). Senate Republicans who are open to allowing medical marijuana have long opposed allowing patients and designated caregivers to grow small amounts of marijuana. The bill would instead allow for safe access by allowing state-registered regulated entities to dispense medical marijuana to qualified patients. We expect that these changes will attract Republican support.
Please take action and call Senate Majority Conference Leader John Sampson (D-Brooklyn) and ask him to make sure S. 4041-B gets a vote in 2010. Last year was the first that a medical marijuana bill has passed out of a Senate committee, and it is crucial that senators hear that their constituents want it to be a priority this year.
Please write your state senator and urge him or her to support the swift enactment of medical marijuana legislation.
We have been working for years to make this happen, and time is running short for some seriously ill patients. It is crucial that senators hear that their constituents want it to be a priority in 2010. If you are someone with a personal story to tell regarding medical marijuana, please edit our letters and include it in your e-mail. You can see how (and if) your state senator responded to our candidate questionnaire on medical marijuana issues.
Even among the most conservative New Yorkers, there is strong support for protecting patients. There is no reason for the Senate not to act. In 2007, a Mason-Dixon poll found that 55% of Conservative Party voters favor removing criminal sanctions for doctor-recommended medical marijuana patients. The poll also found support in six state senate districts across the state, ranging from 61-76%. In 2009, another Mason-Dixon poll found support ranging from 65-77% in three upstate state senate districts represented by moderate Republicans.
Please also urge other compassionate New Yorkers both to write their state senators and to sign up for MPP's free legislative alerts.
Patient Testimonials
Because of the state Senate's inaction last year, thousands of patients continue to suffer. Some live in fear of arrest, and are sometimes prosecuted and convicted. Others are too fearful or law-abiding to break state law and suffer needlessly because the medicine they know would work best is not allowed in their state.
You can read and, in some cases, watch 17 patients' stories.
Are you a patient?
If you are a patient with a serious medical condition who could benefit from medical marijuana, a loved one, a medical professional, or a member of law enforcement or clergy who might be interested in speaking out, please contact us at state@mpp.org to see how you can be of special help in passing this legislation. Please include your nine-digit ZIP code so we can identify your legislators, and please share your connection with medical marijuana.
Sign up now to stay up-to-date on New York marijuana policy
Stay informed about local events and opportunities to move forward marijuana policy reform in New York by signing up for MPP's free legislative alerts.
Did you know New York is a "decrm" state?
New York is one of the 12 states that penalize the first-offense possession of a modest amount of marijuana with a fine instead of possible jail time. First-offense possession of up to 25 grams of marijuana is punishable under New York law by a $100 civil citation. However, first-offense possession of between 25 grams and 2 ounces carries a $500 fine and up to three months in jail. Additionally, law enforcement have been able to exploit a loophole in the decriminalization law by getting an arrestee to expose her or his marijuana as "open to public view," which converts the conduct into an arrestable offense. This has resulted in the second highest marijuana arrest rate in the U.S. states, arresting almost 93,000 people per year.Since 1997, the New York City Police Department has arrested 430,000 people for possessing small amounts of marijuana, mostly young people, giving New York City the dubious honor of being the marijuana arrest capital of the world. You can learn more about New York by reading this report by Jon Gettman, PhD.
Disclaimer: Please note that this is for informational and educational purposes only and is not legal advice. The penalties for possession of up to an ounce were last checked on January 28, 2010.
