New York


Senate deadlock complicates effort; medical marijuana legislation awaits floor votes


Last update: June 26, 2009

This year started out as a very exciting year for New York's medical marijuana legislation, but until a Senate leadership struggle is resolved compassionate medical marijuana legislation will sadly remain in limbo. For the first time ever, identical medical marijuana bills were introduced in the Assembly and Senate earlier this year, sponsored by Assembly Health Committee Chair Richard Gottfried and Senate Health Committee Chair Tom Duane. With a Democratic majority in place for the first time, Senate bill 4041-A was making steady progress — with 16 co-sponsors and its first committee win. Meanwhile the Assembly bill — which as twice passed the floor — was ready for a floor vote.

Then, on June 8, two Democratic New York City state senators joined 30 Republicans in a vote for a Republican majority leader, Dean Skelos (R-Rockville Centre). One of the two Democrats has returned to the Democrats, and the Senate is currently deadlocked at 31 votes for each party. The Senate was supposed to adjourn on June 22, but has been meeting in a state of confusion. The Democrats have offered a power-sharing agreement to break the deadlock, but so far there has been no agreement.

Especially in this new climate, it is crucial that the medical marijuana bill enjoy bipartisan support, and that it receive a Senate floor vote. Thus, our champion, Asm. Gottfried, introduced a new amended medical marijuana bill, A. 9016, designed to garner support from senators of both parties. 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. A. 9016 passed the Assembly Health Committee, and is awaiting a vote in the Codes Committee and on the floor after the Assembly returns to work later this summer.

Please write your state senator and urge him or her to support the swift enactment of medical marijuana legislation.

Every senator is key, as the vote will be close in these politically turbulent times, and your e-mail can make the difference. 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.


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