The Green Standard

By Jack Porcari

There has been much buzz about 2020 becoming the “year of cannabis.” From New York State governor Andrew Cuomo enacting a more progressive decriminalization policy last August, to Mayor Byron Brown ordering the police to stop enforcing lowlevel marijuana offenses, there seems to be a strong momentum. Citizens are listening closely to proposals highlighted in the 2020 State of The State and the Governor’s proposed legislation. Activists from organizations such as WNY NORML, The Drug Policy Alliance, The Start SMART Coalition, and Vocal NY have been present and ready to make substantive change in Albany this legislative session.

Kassandra Frederique of the Drug Policy Alliance issued a statement to the governor in January addressing policies that legalization should focus on in the following years, “It’s our hope that Governor Cuomo take the opportunity to listen to real New Yorkers and small businesses across the state, to make this bill one that benefits all those who have been harmed by prohibition.” Advocates from all corners of New York are fighting for comprehensive policy positions in areas such as small business, home-grown cannabis, immigration status, parent’s rights, community reinvestment, and medical marijuana access. With the continual pressure of dedicated advocacy networks in Buffalo, Rochester, New York City Long Island and more, some believe that the Governor’s proposal has a good chance at passing through the budget this year on April 1.

Senator Liz Krueger has been championing legislation in the New York State Senate since last year to make sure that legalization is a priority. Justin Flagg, the Communications Director for the Senator, claims that “We have moved the ball down the field as a result of efforts last year … we were very close to the finish line when the session ended, and essentially we ran out of time.” Despite the failed efforts last year, Flagg believes this attempt will have fewer challenges: “We’re starting this year a lot further along than we were last year, which is part of why I think, and why the senator is confident that we could get it done.”

While the anticipation is high for legislation to be passed this year, many are cautious of what legalization could look like if implemented incorrectly. Kevin Harbinson, a local pharmacist and District Manager for dispensary operations in New York and Pennsylvania at PharmaCann LLC, has some reservations about the governor’s proposal, particularly the proposed tax rate. According to an analysis of Cuomo’s bill presented by Empire State NORML,” The overall rate is well in excess of 40% and in some cases, it could be as high as 60%.”

As someone who works in medical marijuana dispensaries across the state, Harbinson knows current markets and worries that a tax rate this high could be detrimental for New York. ”I would hope that we wouldn’t be trendsetters in setting the highest tax rate … I think that would drive people to different states especially if the surrounding states start to slip.” For comparison, Colorado, a state with a 30% cannabis tax, collected $302.4 million in tax revenue from 2019 alone. With a population three times the size of Colorado and a GDP five times bigger, lawmakers in New York need to examine other state’s models and make up their minds on an equitable tax rate. More than 60% of New Yorkers have supported legalization since last year. Public opinion is certainly in favor of a new future for Buffalo and New York State as a whole. A future where our medical program has access to fullplant medicine and is not costprohibitive for many families. A future where parents, veterans, immigrants, working professionals, and otherwise lawabiding citizens do not have to worry about cannabis impacting the course of their life. Our state has the opportunity to set the green standard for legalization in other states and America by focusing on policies with significant reform in regard to social justice, equity, and reinvestment.