A bill that decriminalizes the possession of small amounts of marijuana and expunges marijuana-related arrest and conviction records is heading to Governor Andrew Cuomo’s desk for his approval.
State lawmakers in the Assembly put the finishing touches on the bill early Friday morning following a marathon final session day. The state Senate approved the measure Thursday evening.
“The drug laws that are currently on the books have devastated our communities by disproportionately targeting people of color, forcing them to live with a criminal record that makes it harder to get a job or find housing,” Speaker Carl Heastie said.
“Decriminalizing marijuana, paired with expunging records for these low-level offenses, will help undo some of these decades long injustices, and allow for people to be productive and successful. This is not the final step, but it will lay the groundwork for full decriminalization and legalization in the future.”
The bill changes the current marijuana possession law, which punishes possession by a fine for the first offense and as a misdemeanor once it is open to public view or being burned.
The bill would change first-degree unlawful possession to an ounce of marijuana or more. The maximum fine would be $200. Second-degree unlawful possession would lead to a maximum $50 fine.
Lawmakers introduced the measure earlier this week as a fallback option amid disagreement over a broader legalization package that would have set up a retail and regulatory system for cannabis in the state. But lawmakers could not reach an agreement on the legalization plan, and advocates for the bill were disappointed with the more narrow decriminalization alternative.
Still, lawmakers said the bill that is expected to be signed by Cuomo is a step forward toward broader legalization.
“By passing this bill, we will bring hope and relief to thousands of New Yorkers through the expungement of low-level marijuana records and by preventing unnecessary arrests for small amounts of marijuana,” Assembly Majority Leader Peoples-Stokes said.
“This is an important first step to take towards marijuana justice, but there is more to be done. I will continue fighting for communities and people most harmed by the war on drugs, and remain committed to establishing wide ranging marijuana-related policies that will improve lives and provide for community investment.”