New York State Is Set to Loosen Marijuana Laws

- By SUSANNE CRAIG and JESSE McKINLEY - JAN. 4, 2014 - The New York Times

ALBANY — Joining a growing group of states that have loosened restrictions on marijuana, Gov. Andrew M. Cuomo of New York plans this week to announce an executive action that would allow limited use of the drug by those with serious illnesses, state officials say.

The shift by Mr. Cuomo, a Democrat who had long resisted legalizing medical marijuana, comes as other states are taking increasingly liberal positions on it - most notably Colorado, where thousands have flocked to buy the drug for recreational use since it became legal on Jan. 1.

Mr. Cuomo’s plan will be far more restrictive than the laws in Colorado or California, where medical marijuana is available to people with conditions as mild as backaches. It will allow just 20 hospitals across the state to prescribe marijuana to patients with cancer, glaucoma or other diseases that meet standards to be set by the New York State Department of Health.

While Mr. Cuomo’s measure falls well short of full legalization, it nonetheless moves New York, long one of the nation’s most punitive states for those caught using or dealing drugs, a significant step closer to policies being embraced by marijuana advocates and lawmakers elsewhere.

New York hopes to have the infrastructure in place this year to begin dispensing medical marijuana, although it is too soon to say when it will actually be available to patients.

Mr. Cuomo’s shift comes at an interesting political juncture. In neighboring New Jersey, led by Gov. Chris Christie, a Republican whose presidential prospects are talked about even more often than Mr. Cuomo’s, medical marijuana was approved by his predecessor, Jon S. Corzine, a Democrat, but was put into effect only after Mr. Christie set rules limiting its strength, banning home delivery, and requiring patients to show they have exhausted conventional treatments. The first of six planned dispensaries has already opened.

Meanwhile, New York City’s new mayor, Bill de Blasio, had quickly seemed to overshadow Mr. Cuomo as the state’s leading progressive politician.

For Mr. Cuomo, who has often found common ground with Republicans on fiscal issues, the sudden shift on marijuana — which he is expected to announce on Wednesday in his annual State of the State address — was the latest of several instances in which he has embarked on a major social policy effort sure to bolster his popularity with a large portion of his political base.

In 2011, he successfully championed the legalization of same-sex marriage in New York. And a year ago, in the aftermath of the mass school shooting in Newtown, Conn., Mr. Cuomo pushed through legislation giving New York some of the nation’s toughest gun-control laws, including a strict ban on assault weapons. He also has pushed, unsuccessfully so far, to strengthen abortion rights in state law.

The governor’s action also comes as advocates for changing drug laws have stepped up criticism of New York City’s stringent enforcement of marijuana laws, which resulted in nearly 450,000 misdemeanor charges from 2002 to 2012, according to the Drug Policy Alliance, which advocates more liberal drug laws.

During that period, medical marijuana became increasingly widespread outside New York, with some 20 states and the District of Columbia now allowing its use.

Mr. Cuomo voiced support for changing drug laws as recently as the 2013 legislative session, when he backed an initiative to decriminalize so-called open view possession of 15 grams or less. And though he said he remained opposed to medical marijuana, he indicated as late as April that he was keeping an open mind.

His shift, according to a person briefed on the governor’s views but not authorized to speak on the record, was rooted in his belief that the program he has drawn up can help those in need, while limiting the potential for abuse. Mr. Cuomo is also up for election this year, and polls have shown overwhelming support for medical marijuana in New York: 82 percent of New York voters approved of the idea in a survey by Siena College last May.

Still, Mr. Cuomo’s plan is sure to turn heads in Albany, the state’s capital. Medical marijuana bills have passed the State Assembly four times — most recently in 2013 — only to stall in the Senate, where a group of breakaway Democrats shares leadership with Republicans, who have traditionally been lukewarm on the issue.

Mr. Cuomo has decided to bypass the Legislature altogether.

In taking the matter into his own hands, the governor is relying on a provision in the public health law known as the Antonio G. Olivieri Controlled Substance Therapeutic Research Program. It allows for the use of controlled substances for “cancer patients, glaucoma patients, and patients afflicted with other diseases as such diseases are approved by the commissioner.”

Mr. Olivieri was a New York City councilman and state assemblyman who died in 1980 at age 39. Suffering from a brain tumor, he used marijuana to overcome some of the discomfort of chemotherapy, and until his death lobbied for state legislation to legalize its medical use.

The provision, while unfamiliar to most people, had been hiding in plain sight since 1980.

But with Mr. Cuomo still publicly opposed to medical marijuana, state lawmakers had been pressing ahead with new legislation that would go beyond the Olivieri statute.

Richard N. Gottfried, a Manhattan Democrat who leads the assembly’s health committee, has held two public hearings on medical marijuana in recent weeks, hoping to build support for a bill under which health care professionals licensed to prescribe controlled substances could certify patient need.

Mr. Gottfried said the state’s historical recalcitrance on marijuana was surprising.

“New York is progressive on a great many issues, but not everything,” he said.

Mr. Gottfried said he wanted a tightly regulated and licensed market, with eligible patients limited to those with “severe, life-threatening or debilitating conditions,” not the broader range of ailments — backaches and anxiety, for instance — that pass muster in places like California, which legalized medical marijuana in 1996.

“What we are looking at bears no resemblance to the California system,” Mr. Gottfried said.

While he was aware of the Olivieri statute, he believed it had not been implemented because it would have required “an elaborate administrative approval process,” which he said could be overly burdensome on patients.

Ethan Nadelmann, the executive director of the Drug Policy Alliance, praised Mr. Cuomo’s decision as “a bold and innovative way of breaking the logjam” in Albany, though it may not be the final word on medical marijuana.

Mr. Cuomo “remains committed to developing the best medical marijuana law in the country,” Mr. Nadelmann said. “And that’s going to require legislative action.”

The administration has much work to do before its program is operational: For starters, it must select the participating hospitals, which officials said would be chosen to assure “regional diversity” and according to how extensively they treat patients with or research pertinent illnesses like cancer or glaucoma.

Another hurdle: State and federal laws prohibit growing marijuana, even for medical uses, though the Obama administration has tolerated it. So New York will have to find an alternative supply of cannabis. The likely sources could include the federal government or law enforcement agencies, officials said.

A version of this article appears in print on January 5, 2014, on page A1 of the New York edition with the headline: New York State Is Set to Loosen Marijuana Laws.

Groundwork Laid, Growers Turn to Hemp in Colorado

- By JACK HEALY - August 5, 2013 - The New York Times

SPRINGFIELD, Colo. — Along the plains of eastern Colorado, on a patch of soil where his father once raised alfalfa, Ryan Loflin is growing a leafy green challenge to the nation’s drug laws.

His fields are sown with hemp, a tame cousin of marijuana that was once grown openly in the United States but is now outlawed as a controlled substance. Last year, as Colorado voters legalized marijuana for recreational use, they also approved a measure laying a path for farmers like Mr. Loflin, 40, to once again grow and harvest hemp, a potentially lucrative crop that can be processed into goods as diverse as cooking oil, clothing and building material. This spring, he became the first farmer in Colorado to publicly sow his fields with hemp seed.

“I’m not going to hide anymore,” he said one recent morning after striding through a sea of hip-high plants growing fast under the sun.

Mr. Loflin’s 60-acre experiment is one of an estimated two dozen small hemp plantings sprouting in Colorado. Hemp cultivation presents a vexing problem for the federal government, which draws no distinction between hemp and marijuana, as it decides how to respond to a new era of legalized marijuana in Colorado and Washington State.

State agencies have worked quickly to create new rules, licenses and taxes for hemp and recreational marijuana. Many towns have voted to ban the new retailers; others have decided to regulate them. Denver, for example, is proposing a 5 percent tax on recreational marijuana sales.

Colorado has set up an industrial hemp commission to write rules to register hemp farmers and charge them a fee to grow the crop commercially.

“It’s something that can be copied and used nationally,” said Michael Bowman, a farmer in northeastern Colorado who sits on the state hemp commission. “We’re trying to build a legitimate industry.”

The state will also be able to randomly test crops to ensure that they contain no more than 0.3 percent THC, the psychoactive chemical in marijuana, far below the level found in marijuana.

Opponents say that hemp and marijuana are essentially the same plant and that both contain the same psychoactive substance. But supporters say that comparing hemp with potent strains of marijuana is like comparing a nonalcoholic beer with a bottle of vodka.

Still, farmers and marijuana advocates worry: will drug agents stand on the sidelines and allow Colorado and Washington to pursue their own experiments with legalization? Or will the federal government crack down to assert its authority over drug policies?

A spokesman for the Drug Enforcement Administration in Denver said hemp farmers were “not on our radar,” but R. Gil Kerlikowske, director of the Obama administration’s Office of National Drug Control Policy, has offered stern words against both marijuana and hemp, saying that no matter what states did, the plants were still illegal in the federal government’s view.

“Hemp and marijuana are part of the same species of cannabis plant,” Mr. Kerlikowske wrote in response to a 2011 petition that sought to legalize hemp cultivation. “While most of the THC in cannabis plants is concentrated in the marijuana, all parts of the plant, including hemp, can contain THC, a Schedule I controlled substance.”

Lately, hemp has been tiptoeing toward the agricultural mainstream, gaining support from farmers’ trade groups and a wide array of politicians in statehouses and in Washington. In the Republican-controlled House, a provision tucked into the farm bill would let universities in hemp-friendly states grow small plots for research.

A handful of states, from liberal Vermont to conservative North Dakota and Kentucky, have voted to allow commercial hemp. In Vermont, any farmers who want to register as hemp growers under a new state program have to sign a form acknowledging that they risk losing their agricultural subsidies, farm equipment and livelihoods if federal agents decide to swoop in.

Every year, the federal authorities seize and destroy millions of marijuana plants — a crackdown that has rattled the medical marijuana industry in California — but the pace of seizures has dropped sharply in recent years. In 2012, federal officials reported that 3.9 million cannabis plants had been destroyed under D.E.A. eradication efforts. A year earlier, officials said they had eradicated 6.7 million plants.

Beyond the risk of federal raids and seizures, Kevin Sabet, a former drug policy adviser in the Obama administration, said the market for hemp goods is still vanishingly small and questioned whether it could really be a panacea for farmers.

“Hemp is the redheaded stepchild of marijuana policy, and probably for good reason,” said Mr. Sabet, who is now the director of the Drug Policy Institute. “In a world with finite capacity to handle drug problems, my advice would be for people to think less about an insignificant issue like hemp and more about the very real issues of drug addiction, marijuana commercialization and glamorization, and how to make our policies work better.”

Even without the threat of federal raids, transforming hemp into a cash crop will be like asking a clear sky for rain. Viable seeds are illegal and scarce. Few working farmers or experts in the United States have any expertise in growing hemp. And there is basically no infrastructure to process the plants into legal components like oil, fibers and proteins.

In Colorado, Jason Lauve, the executive director of Hemp Cleans, an advocacy group, said he has spoken with about two dozen small farmers and landowners who are cautiously growing their first hemp crops.

“We’re really walking gently,” Mr. Lauve said. “We don’t want to put people at risk. We want to see how much states’ rights really protect us, versus the jurisdiction of the federal government.”

Even here, farmers like Mr. Loflin are walking a precarious line. Although Colorado voters opened the door to hemp farming last year, the state warned would-be hemp farmers in May that they would not be authorized to plant until early in 2014.

But this spring, Mr. Loflin decided it was time. For years, he had read about how hemp could replenish undernourished soil and be woven and squeezed into a wide array of products. He drinks a shot of hemp oil for his health every day — “It tastes kind of like grass” — and believes the plant could one day lift the fortunes of struggling small farmers.

He spent the winter assembling a seed collection from suppliers in Britain, Canada, China and Germany, where hemp is legal. They entered the country via U.P.S., labeled “bird seed” or “toasted hemp seed.” One bag was seized by customs officials, he said. Some 1,500 pounds of seeds were not.

At the end of June, with more than $15,000 invested in the venture, he planted his crop. He said he alerted his neighbors and has not gotten any complaints from people around Springfield, or from federal officials.

When Mr. Loflin visits the farm from his home in western Colorado, he half-expects to see D.E.A. cars racing down Highway 160 to burn down his crop before harvest. But he believes he can stake a living in hemp’s oily seeds and versatile fibers. He has gotten tired of his day job building ski homes in the mountains. To him, hemp’s outlaw status is just another hazard of starting a business.

“It’s well worth the risk,” he said. “It’s hemp. Come on, it just needs to be done.”

This article has been revised to reflect the following correction:

Correction: August 8, 2013

New York State - BILL NUMBER:S5978 -- http://open.nysenate.gov/legislation/bill/S5978-2013

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New York State - BILL NUMBER:S5978 -- http://open.nysenate.gov/legislation/bill/S5978-2013