ALBANY — State lawmakers are now focused on a proposed marijuana legalization measure that would allow cultivation of a small number of plants and is expected to be considered apart from Gov. Andrew Cuomo’s budget package.

The push to allow adult use of cannabis comes in the face of opposition from county prosecutors, the New York State Sheriffs Association, the New York State Parent-Teacher Association and the Medical Society of the State of New York.

Assemblyman Richard Gottfried, D-Manhattan, and others told CNHI the Senate and Assembly are now attempting work out differences in ways to address concerns with proposed driving offenses involving operating a motor vehicle while under the influence of marijuana.

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Cuomo proposal

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Historically, in criminal justice legislation, the Assembly has long been reluctant to create new offenses or boost penalties for violating laws.

The legislation at the center of discussion is the Marijuana Regulation and Taxation Act, which would allow the cultivation of a limited number of marijuana plants for personal consumption. Cuomo’s proposal, which has been cast aside by lawmakers, sought to continue criminal penalties for growing pot plants.

In a March 10 letter to Cuomo, Sandra Doorley, president of the New York State District Attorneys Association, noted a single pot plant can produce two to three pounds of marijuana, “far more than needed for responsible personal consumption.”

Doorley, the top prosecutor for Monroe County, also said it is “most troubling” that the New York legislation would remove marijuana from the list of scheduled drugs in state Public Health Law, thus eliminating the offense of driving while ability is impaired by marijuana, unless a substitute statute is crafted.

“We will need additional drug recognition experts in police departments all over the state,” Doorley noted.

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Unintended consequences

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In January, with the state facing a massive financial deficit, Cuomo cast legalized marijuana as a way to generate new revenue for state coffers. Earlier this month, with a major push by Senate Majority Leader Charles Schumer, D-N.Y., the state’s budget gap was addressed by the federal stimulus legislation sending billions of dollars to all levels of state and local governments.

Gottfried said he never thought marijuana should have been advertised as a way to get the state out of a financial bind, though he conceded there is a potential for at least some new revenue.

Legalizing pot is bound to have unintended consequences, some critics argue.

Peter Kehoe, director of the Sheriffs Association, said he expects black market dealers will flourish as they undercut prices charged in sanctioned pot shops. Communities will likely have to face more mental health crisis calls as marijuana use becomes more pervasive, he said.

“The increased costs far outweigh the revenue for the state,” he said.

Supporters of the proposal expect marijuana shops, should the legislation be embraced at the statehouse, will open in New York by late 2022.