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On March 31, 2021, the Marijuana Regulation and Taxation Act (MRTA) was signed into law, legalizing recreational cannabis in the state of New York
It is now legal for adults 21 and over in New York to possess 3 ounces or less of marijuana in a public place. Adults can possess higher amounts of marijuana if prescribed by a doctor. Any person over 21 can give lawful amounts of marijuana to other people 21 and over as long as no compensation is exchanged
The Cannabis Control Board promulgates rules and regulations to govern the advertising, branding,
marketing, packaging, and unconventional methods of administration or ingestion of cannabis products.
This will include rules pertaining to the accuracy of information and rules restricting marketing and
advertising to youth
The legalization bill prohibits discrimination against lawful cannabis use in housing, education, employment, parole, probation, or supervised release. Lawful cannabis consumption cannot be the reason for child welfare cases; prior restrictions for child welfare and foster care amended so that expungement-eligible convictions can’t be used to deny professional licensing or medical care.
Under the MRTA, 40% of tax revenue from marijuana sales is directly reinvestment in communities disproportionately affected by the drug war, 40% in public schools and public education, and 20% in drug treatment, prevention, and education
The Cannabis Control Board created and is currently implementing a social and economic equity plan which actively promotes applicants from communities disproportionally impacted by cannabis prohibition; and promote racial, ethnic, and gender diversity when issuing licenses for adult-use cannabis-related activities
The MRTA allows cannabis to be smoked or vaped anywhere that smoking tobacco is permitted; however, state agencies and localities can more strictly regulate smoking in public pursuant to article 13-e of the public health law. Violations are subject to a civil penalty not to exceed $25 or an amount of community service not exceeding 20 hours.
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