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Suffolk Debates Legalized Recreational Marijuana

“Weed is already here. We might as well tax it and make it safe,” David Falkowski of Sag Harbor told the Suffolk County Legislature Monday during a hearing on whether the county should opt out of a state plan to legalize recreational marijuana.
“Weed is already here. We might as well tax it and make it safe,” David Falkowski of Sag Harbor told the Suffolk County Legislature Monday during a hearing on whether the county should opt out of a state plan to legalize recreational marijuana.
Cornelia Channing
Debate pros and cons of recreational marijuana
By
Cornelia Channing

The auditorium at the Suffolk County Legislature buzzed with life on Monday evening as elected officials and members of the community gathered to discuss a topic that, just a few years ago, would have been a source of public outcry: the legalization of marijuana.

The hearing, which was presided over by Legislator Duwayne Gregory, was held in response to the announcement earlier this year by Gov. Andrew M. Cuomo of a plan to legalize and tax the possession and sale of marijuana for recreational use in New York State. The proposed plan, which was made public in January, included a clause that would allow local governments to veto or “opt out,” thereby maintaining marijuana prohibition in their district. Monday’s meeting was an opportunity for the public to speak to lawmakers, express concerns about legalization, and discuss the question of Suffolk’s opting out — an option that will be considered, should legislators in Albany pass the proposal.

Over 200 people attended the hearing, crowding shoulder to shoulder in the small chamber and spilling out into two adjacent overflow rooms. In total, 48 spoke, among them health care professionals, farmers, educators, and business owners from around the county. Representatives from Empire State Norml and Start Smart New York, pro-legalization activist groups, were also present.

The format was straightforward. Each speaker had three minutes to address the legislators, who listened quietly from behind a long, horseshoe-shape  desk at the front of the room, occasionally nodding or jotting down notes. The statements ranged from impassioned personal accounts to well-researched arguments. The atmosphere was civil and supportive; several speakers, mostly on the pro-legalization side, earning a smattering of applause from members of the gallery.

Those in favor of legalization argued that, if properly regulated, marijuana could benefit the county by bringing in a new job-creating industry while providing a much-needed boost in tax revenue. Many of these arguments made reference to the fact that marijuana use is already widespread and completely unregulated. “Prohibition doesn’t work,” said David Falkowski of Sag Harbor. “We have seen that proved time and again. Weed is already here. We might as well tax it and make it safe.”  Mr. Falkowski, owner of the Open Minded Organics farm in Bridgehampton, is a registered processor of industrial hemp.

Troy Smit from Empire State Norml, a pro-legalization advocacy group, argued that legalizing marijuana would cut down on crime related to the black market sale of the drug, making it safer for users to purchase. “The only people who stand to benefit from Suffolk County opting out are the drug dealers and criminals,” Mr. Smit said.

While public opinion has shifted in recent years toward a more sympathetic view of marijuana — a recent study by the Pew Research Center found that 62 percent of Americans are pro-legalization — some at the hearing were still not convinced that the drug is harmless. Those in favor of opting out cited a wide range of health concerns from the effects of secondhand smoke to the potential for marijuana to act as a “gateway drug” to more addictive substances like cocaine and heroin.

Several references were made to the opioid crisis. Steve Chassman, executive director for the Long Island Council on Alcoholism and Drug Dependence, brought up Suffolk County’s rising overdose rate, which — at approximately 17 per 100,000 — is among the highest in New York State. While marijuana on its own has no record of causing overdose, some believe that it plays a role in the development and progression of opioid addiction. 

Claudia Ragni, a Suffolk County resident and addiction treatment professional who spoke in favor of opting out, pointed out that the high THC content of some modern marijuana can have the mind-altering effects of powerful narcotics. Ms. Ragni, who runs a treatment facility in Hauppauge, says she used to see patients with T.H.C. levels in the range of 175 to 200, “but now people come in with 3,000 to 7,000 ng/ml. I mean, this is not the stuff people were smoking in the ’60s and ’70s,” Ms. Ragni said. “This ain’t Mother Nature’s weed.”

Some expressed suspicion that financial pressure from growing state debt is motivating Albany’s recent push to legalize, prompting concerns that the state may be rushing into legalization before adequate regulatory frameworks are in place. 

Governor Cuomo’s report estimates that statewide taxes on sale and distribution of marijuana would generate revenue to the tune of $300 million annually, though how the state intends to use the money is still being determined. Among other things, Governor Cuomo has publicly discussed using tax revenue to create a new state office — the Office of Cannabis Management — which would be responsible for reviewing and sealing past marijuana convictions. This initiative would be of particular benefit to minority communities that were disproportionately affected by the criminalization of marijuana in the first place. 

But, this is just one of many ideas that are currently on the table. As recently as Tuesday, Governor Cuomo and New York City Mayor Bill de Blasio released a new report that included recreational marijuana tax as a resource for an initiative to redevelop the New York City subway system.

Speakers at Monday’s hearing took the opportunity to offer their own suggestions for how the surplus tax money should be spent, which ranged widely from support for substance abuse programs to subsidies for preschool. One man went so far as to prepare graphs for the legislators in which he outlined specific dollar amounts to be allocated to different social services.

On a practical level, there is some doubt about whether opting out would meaningfully curb use of the drug, given that it is already widely available on the black market and would be legal to purchase in neighboring counties. “What would stop people from just driving 20 minutes and buying it in Nassau? I mean, frankly, that’s what I’ll be doing,” said Bob Hildebrand of Coram.

Over the next few months, the County Legislature is expected to respond to these issues and come to a decision. While it remains to be seen whether the proposal will pass at the state level, Governor Cuomo and members of his office appear confident, suggesting it is a matter of when, not if legalization comes to New York. 

By the time the hearing wrapped up around 9 p.m., speakers on both sides seemed glad to have had their voices heard. As members of the crowd filed out the glass doors of the building and toward their cars, many expressed gratitude to the Legislature for the opportunity to discuss the issue in an open forum. “It might not affect what is ultimately going to happen,” reflected Phillip Castro of Riverhead, “but I’m glad we had the chance to talk it out.”

 

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