Res. No. 11

Resolution calling on the New York State Legislature to pass the Marihuana Regulation and Taxation Act and the Governor to sign such legislation into law, which would legalize, regulate, and tax the sale of marijuana in New York State.

By Council Members Levin, Williams, Reynoso, Mendez, Koslowitz, Dromm and Levine

                     Whereas, According to a report released in June of 2013 by the American Civil Liberties Union, “marijuana arrests have increased between 2001 and 2010 and now account for 52 percent of all drug arrests in the United States and marijuana possession arrests account for 46 percent of all drug arrests”; and

                     Whereas States across the country spent over $3.6 billion enforcing marihuana or “marijuana” possession laws in 2010; and

                     Whereas, In 2010, the New York City Police Department made 50,300 marijuana related arrests; and                     

                     Whereas, According to various sources, enforcement of New York State marijuana laws have disproportionately affected African-American and Latino communities; and

                     Whereas, Recently, the states of Colorado and Washington have legalized the recreational use of marijuana; and

                     Whereas, According to the Marijuana Policy Project, pro-recreational marijuana initiatives are expected in various states in 2016, <http://www.cnn.com/2014/01/03/us/marijuana-laws-united-states/> including Arizona, California, Maine, Massachusetts, Montana and Nevada; and

                     Whereas, Legalizing the recreational use of marijuana in New York State would help generate millions of dollars annually in tax revenue; and

                     Whereas, A.8341, currently pending in the New York State Assembly, and companion bill S.6005, currently pending in the New York State Senate, seek to legalize, regulate, and tax the sale of marijuana in New York State; and

                     Whereas, A.8341/S.6005 is also known as the “Marihuana Regulation and Taxation Act”; and

Whereas, The Marihuana Regulation and Taxation Act would amend several statutes pertaining to the sale, enforcement, and taxation of marijuana including, but not limited to: (i) removing penalties for possession of 2 ounces of marijuana or less; (ii) establishing 18 as the minimum legal age for marijuana possession and consumption; (iii) allowing for home cultivation of up to 6 marijuana plants; (iv) empowering the New York State Liquor Authority to grant licenses for marijuana production, transport, and retail sale; (v) prohibiting the sale of marijuana to individuals under 21 years-of-age; (vi) establishing a tax of $50.00 per ounce of marijuana and authorizing localities to charge a sales tax on retail sales; and (vii) directing a portion of the state tax revenue collected to be directed to re-entry programs, substance abuse programs, and job training programs in low-income, high-unemployment communities; and

                     Whereas, The Marihuana Regulation and Taxation Act would help generate much needed state tax revenue, help to greatly reduce the racially disparate marijuana related arrests, and providing funding for community programs to better assist New York State residents; now therefore, be it

                     Resolved, That the Council of the City of New York calls on the New York State Legislature to pass the Marihuana Regulation and Taxation Act and the Governor to sign such legislation into law, which would legalize, regulate, and tax the sale of marijuana in New York State.

WJH

1/16/14

LS 4813