New York Governor Kathy Hochul signed the state’s latest budget into law on Friday, but one key proposal that had stirred significant backlash didn’t make it into the final version. Earlier this year, Hochul had proposed allowing police to use the smell of cannabis as a reason to suspect a driver of being under the influence and require them to undergo a drug test.
Lawmakers removed the clause after strong opposition from dozens of advocacy groups. In a letter sent to Hochul and state leaders, over 60 reform organizations warned that such a policy would revive harmful tactics from the drug war and open the door to racial profiling by police. Critics argued it would reverse the progress made since cannabis legalization, especially in a state with a troubling history of unequal enforcement.
The proposed change didn’t just face pushback from advocacy groups—it also raised concerns among political leaders, including the state Assembly’s majority leader and the director of the state’s Office of Cannabis Management, Tremaine Wright. Both emphasized that the plan was out of step with the intent of legalization and wouldn’t be effective for New York.
New York has long struggled with racial disparities in drug enforcement. During the 2010s, for instance, Black residents in NYC were arrested for marijuana possession at a rate over nine times higher than white residents.
In terms of other marijuana-related updates in the new budget, there’s a notable change involving the state’s Cannabis Control Board (CCB). The $229,000 annual salary for the board’s chair has been eliminated. Despite the pay cut, current chair Tremaine Wright said she plans to stay in the role. Speaking at an industry event in Albany, she noted that she accepted the position before knowing the compensation and that her commitment wasn’t based on salary.
Wright also clarified that the decision to eliminate the salary wasn’t due to any conflict. She described the evolving nature of the cannabis industry and emphasized that the board, like license holders and applicants, needs to adapt to changes as they come.
A spokesperson for Governor Hochul explained that most state board chairs serve without pay, and this change simply brings the CCB in line with other boards. In addition, the signed bill allocates $5 million to the OCM to hire more enforcement staff, signaling a push to strengthen oversight as the state’s legal cannabis market grows.
The entire marijuana industry around the country, including major firms like Verano Holdings Corp. (Cboe CA: VRNO) (OTCQX: VRNOF), will be relieved that the provision allowing police to use cannabis smell as probable cause to subject drivers to searches and drug tests in New York was struck out by lawmakers since it could set an unwelcome precedent for other jurisdictions.
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