WEDNESDAY, FEBRUARY 16, 2022 11:18 A.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME TO
ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL THE JOURNAL OF
TUESDAY, FEBRUARY 15TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE
1
NYS ASSEMBLY FEBRUARY 16, 2022
THAT WE DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY,
FEBRUARY THE 15TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU SO MUCH.
COLLEAGUES AND MR. SPEAKER, I'D LIKE TO SHARE THIS QUOTE TODAY. THIS
ONE COMES FROM JAMES BALDWIN. I WILL ADMIT THAT I HAVE LEARNED MORE
ABOUT JAMES IN HIS ABSENCE, AS HE IS DECEASED, THAN I DID WHEN HE WAS
LIVING. BUT THESE WORDS I THINK ARE APPROPRIATE TODAY, IT IS, TO ACCEPT
ONE'S PAST, ONE'S HISTORY, IS NOT THE SAME AS DROWNING IN IT; IT IS
LEARNING HOW TO USE IT. AN INFINITE [SIC] PAST CAN NEVER BE USED; IT
CRACKS AND IT CRUMBLES UNDER THE PRESSURES OF LIFE LIKE CLAY IN A SEASON
OF DROUGHT. MR. SPEAKER, AGAIN, THAT IS JAMES BALDWIN.
COLLEAGUES SHOULD BE AWARE, THOSE THAT ARE IN THE
CHAMBERS, THAT THERE IS A MAIN CALENDAR ON YOUR DESK AS WELL AS AN
A-CALENDAR. AT THIS TIME, MR. SPEAKER, IF YOU COULD PLEASE ADVANCE
THE A-CALENDAR.
ACTING SPEAKER AUBRY: ON MRS.
PEOPLES-STOKES' MOTION, THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, SIR. AFTER
ANY HOUSEKEEPING, WE'RE GOING TO TAKE UP RESOLUTIONS ON PAGE 3 AND
THEN WE'RE GOING TO FOLLOW, FOR THE LONG-TERM, CONSENT THAT WE'RE GOING
TO START WITH CALENDAR NO. 26 WHICH IS ON PAGE 8, AND THEN WE'RE GOING
2
NYS ASSEMBLY FEBRUARY 16, 2022
TO GO TO CALENDAR NO. 104, THAT'S ON PAGE 19. AND THEN WE'RE GOING TO
GO BACK TO CONTINUING TO CONSENT WHERE WE LEFT OFF ON THE MAIN
CALENDAR ON YESTERDAY. THAT STARTS WITH CALENDAR NO. 238, THAT'S ON
PAGE 36. WE'RE GOING TO GO RIGHT THROUGH TO CALENDAR NO. 266. THERE
ARE A FEW DEBATES THAT WE'LL BE TAKING UP ON THE FLOOR TODAY, MR.
SPEAKER, THEY ARE FROM THE A-CALENDAR. IT'S RULES REPORT, THAT'S NO.
61, THAT'S BY MYSELF, CRYSTAL PEOPLES-STOKES; THEN THERE'S CALENDAR NO.
368 BY MR. ENGLEBRIGHT; AND CALENDARS 26 -- 369 AND 372, BOTH OF
THESE BY -- ARE BY MR. DINOWITZ; AND CALENDAR NO. 396 BY MR.
EPSTEIN.
THAT'S THE GENERAL OUTLINE WHERE WE'RE GOING TO START
AT, MR. SPEAKER, TODAY. THERE COULD BE THINGS ADDED ON IN ADDITION,
BUT RIGHT NOW IF THERE'S ANY HOUSEKEEPING, IT WOULD BE AN APPROPRIATE
TIME.
ACTING SPEAKER AUBRY: CERTAINLY. WE DO
HAVE SOME HOUSEKEEPING.
AT THE REQUEST OF MS. PAULIN, CALENDAR NO. 207, BILL
A-6259-A IS RECOMMITTED BACK TO THE COMMITTEE ON CORPORATIONS.
WE WILL GO TO OUR RESOLUTIONS. PAGE 3, ASSEMBLY NO.
568, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 568, MR. --
MR. GOTTFRIED.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM FEBRUARY 7-14, 2022 AS CONGENITAL HEART
DISEASE AWARENESS WEEK IN THE STATE OF NEW YORK.
3
NYS ASSEMBLY FEBRUARY 16, 2022
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 569, MR.
BLANKENBUSH.
LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR
KATHY HOCHUL TO PROCLAIM FEBRUARY 20-26, 2022 AS GRAIN BIN SAFETY
WEEK IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
PAGE 8, CALENDAR NO. 26, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00355-A, CALENDAR
NO. 26, BRAUNSTEIN, EICHENSTEIN, TAYLOR, CARROLL, REILLY,
GONZÁLEZ-ROJAS, SAYEGH. AN ACT TO AMEND THE ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK AND THE PUBLIC AUTHORITIES LAW, IN RELATION TO
REQUIRING NOTICE TO MEMBERS OF THE LEGISLATURE AND CERTAIN LOCAL
OFFICIALS RELATING TO CERTAIN CONSTRUCTION AND OTHER PROJECTS AFFECTING
SUCH MEMBERS' AND OFFICIALS' DISTRICTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 355-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
4
NYS ASSEMBLY FEBRUARY 16, 2022
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 19, CALENDAR NO. 104, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02375-C, CALENDAR
NO. 104, DINOWITZ, COOK, GUNTHER, SILLITTI, GALEF, MONTESANO,
MCDONOUGH, JEAN-PIERRE, BROWN, PHEFFER AMATO, L. ROSENTHAL,
GRIFFIN, FERNANDEZ, SMITH, JACKSON. AN ACT TO AMEND THE DOMESTIC
RELATIONS LAW AND THE EXECUTIVE LAW, IN RELATION TO COURT ORDERED
FORENSIC EVALUATIONS INVOLVING CHILD CUSTODY AND VISITATION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 2375-C. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MS. WALSH.
MS. WALSH: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE. I'M VERY MUCH IN SUPPORT OF THIS PARTICULAR BILL. FORENSIC
CUSTODY EVALUATIONS ARE EXTREMELY IMPORTANT WITHIN THE FAMILY COURT
SYSTEM. WITHIN THE LAST MONTH OR SO, WE HAD A REPORT COME OUT FROM
5
NYS ASSEMBLY FEBRUARY 16, 2022
THE BLUE RIBBON COMMISSION THAT WAS TASKED WITH LOOKING AT THE ISSUE
OF FORENSIC CUSTODY EVALUATIONS, WHETHER THEY SHOULD CONTINUE TO BE
DONE AT ALL AND HOW THEY SHOULD BE TREATED IN THE FUTURE. MY OWN
BELIEF IS THAT FORENSIC CUSTODY EVALUATIONS NEED TO CONTINUE TO ASSIST
THE COURT, BUT I ALSO BELIEVE -- AND -- AND THE BLUE RIBBON COMMISSION
ALSO CONCLUDED THAT IT'S VERY IMPORTANT THAT THE INDIVIDUALS DOING THESE
EVALUATIONS ARE WELL TRAINED AND WELL VERSED IN THE SUBJECT MATTER THAT
THEY'RE OFFERING SUCH AN IMPORTANT OPINION THAT'S GOING TO HAVE SUCH A
LASTING IMPACT ON THE FAMILY.
SO I DO SUPPORT THE IDEA OF PROFESSIONALIZING AND
MAKING SURE THAT THE INDIVIDUALS PREPARING THESE REPORTS ARE TRAINED
BOTH IN DOMESTIC VIOLENCE ISSUES, BUT ALSO HAVE THE CORRECT CREDENTIALS
IN ORDER TO RENDER THE REPORTS. SO I DO -- I KNOW WE HAVE SUPPORTED
THIS BILL IN THE PAST, AS I DO TODAY. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU. MS.
WALSH IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 36, CALENDAR NO. 238 ON CONSENT.
THE CLERK: ASSEMBLY NO. A07310-A, CALENDAR
NO. 238, CUSICK, GRIFFIN, ASHBY, BYRNE, TANNOUSIS. AN ACT TO AMEND
THE PUBLIC HEALTH LAW, IN RELATION TO ADDING SUBSTANCES TO THE
SCHEDULES OF CONTROLLED SUBSTANCES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
6
NYS ASSEMBLY FEBRUARY 16, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7310-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07326, CALENDAR NO.
239, GOTTFRIED, BRABENEC, CYMBROWITZ, DICKENS, ENGLEBRIGHT,
GALLAGHER, HEVESI, MCDONALD, MONTESANO, OTIS, PAULIN, SIMON,
TAYLOR, THIELE, ZINERMAN, LAVINE, DAVILA, FORREST, FERNANDEZ,
GONZÁLEZ-ROJAS, GOODELL, SEAWRIGHT. AN ACT TO AMEND THE PUBLIC
HEALTH LAW, IN RELATION TO PROTECTING THE CONFIDENTIALITY OF VACCINE
INFORMATION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7326. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
7
NYS ASSEMBLY FEBRUARY 16, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07356-A, CALENDAR
NO. 240, WOERNER, ABINANTI, WALSH. AN ACT TO AMEND THE MENTAL
HYGIENE LAW, IN RELATION TO ESTABLISHING A PUBLIC AWARENESS CAMPAIGN
TO COMBAT THE STIGMA AND STEREOTYPING OF INDIVIDUALS WITH INTELLECTUAL
AND DEVELOPMENTAL DISABILITIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07369-A, CALENDAR
NO. 241, GOTTFRIED, LUPARDO, ASHBY, BYRNE, GONZÁLEZ-ROJAS, SAYEGH.
AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO TELEHEALTH
DELIVERY OF SERVICES BY PHYSICAL THERAPY AND OCCUPATIONAL THERAPY
ASSISTANTS, CHIROPRACTORS AND MENTAL HEALTH PRACTITIONERS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7369-A. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. PLEASE RECORD MY
8
NYS ASSEMBLY FEBRUARY 16, 2022
COLLEAGUE, MR. FRIEND, IN THE NEGATIVE ON THIS BILL. THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED, THANK YOU.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07466, CALENDAR NO.
242, ENGLEBRIGHT, COLTON, L. ROSENTHAL, SANTABARBARA, GUNTHER,
ZEBROWSKI, COOK, DIPIETRO, GALEF, GRIFFIN, NORRIS, SILLITTI, SAYEGH. AN
ACT TO AMEND THE REAL PROPERTY TAX LAW, IN RELATION TO GRANTING
MUNICIPALITIES THE AUTHORITY TO PROVIDE REAL PROPERTY TAX EXEMPTIONS
FOR CERTAIN COLD WAR VETERANS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7466. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07479, CALENDAR NO.
243, WALKER. AN ACT TO AMEND PART CCC OF CHAPTER 55 OF THE LAWS OF
2019 AMENDING THE ELECTION LAW, RELATING TO ENACTING THE VOTER
ENFRANCHISEMENT MODERNIZATION ACT OF 2019, IN RELATION TO THE
9
NYS ASSEMBLY FEBRUARY 16, 2022
EFFECTIVENESS THEREOF.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT A-7479. THIS IS A FAST ROLL CALL. ANY
MEMBER WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO
CONTACT THE MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY
PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07480, CALENDAR NO.
244, WALKER. AN ACT TO AMEND THE ELECTION LAW, IN RELATION TO THE
REPRESENTATION OF NEWLY FORMED POLITICAL PARTIES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07487, CALENDAR NO.
245, FALL, ROZIC. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN
RELATION TO DEBT COLLECTION PROCEDURES RELATED TO IDENTITY THEFT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7487. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
10
NYS ASSEMBLY FEBRUARY 16, 2022
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07488-A, CALENDAR
NO. 246, J. D. RIVERA, DINOWITZ, HEVESI, MEEKS, MAMDANI, SEAWRIGHT,
JACKSON, GALEF, GOTTFRIED, FAHY, MCMAHON, CLARK, SIMON,
PEOPLES-STOKES, CRUZ, SAYEGH. AN ACT TO AMEND THE INSURANCE LAW, IN
RELATION TO PROHIBITING THE EXCLUSION OF COVERAGE FOR LOSSES OR DAMAGES
CAUSED BY EXPOSURE TO LEAD-BASED PAINT.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07489, CALENDAR NO.
247, WALLACE, ZEBROWSKI, OTIS, GRIFFIN, SAYEGH. AN ACT TO AMEND THE
EXECUTIVE LAW, IN RELATION TO VICTIM COMPENSATION FOR UNLAWFUL
SURVEILLANCE CRIMES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7489. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
11
NYS ASSEMBLY FEBRUARY 16, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07502, CALENDAR NO.
248, RAJKUMAR, ZEBROWSKI, GRIFFIN, BRABENEC. AN ACT TO AMEND THE
EXECUTIVE LAW, IN RELATION TO AWARDS TO VICTIMS OF CERTAIN CRIMES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07508, CALENDAR NO.
249, PHEFFER AMATO, PRETLOW. AN ACT TO AMEND THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW, IN RELATION TO IMPROVEMENT
OF OPERATION IN THOROUGHBRED RACING.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7508. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07518, CALENDAR NO.
250, ZINERMAN, SAYEGH. AN ACT TO AMEND THE ARTS AND CULTURAL
AFFAIRS LAW, IN RELATION TO QUORUM OF THE COUNCIL OF THE ARTS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
12
NYS ASSEMBLY FEBRUARY 16, 2022
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7518. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07531, CALENDAR NO.
251, GUNTHER. AN ACT TO AMEND THE EDUCATION LAW, IN RELATION TO
ALLOWING A SUSPENDING AUTHORITY TO CONDITION THE EARLY RETURN OF A
STUDENT ON SUCH STUDENT'S VOLUNTARY PARTICIPATION IN COUNSELING OR
CERTAIN CLASSES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7531. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07541, CALENDAR NO.
252, OTIS, ABINANTI, BURDICK, GALEF, PAULIN, ROZIC, SAYEGH, SEAWRIGHT,
13
NYS ASSEMBLY FEBRUARY 16, 2022
THIELE, ZEBROWSKI, SIMON. AN ACT TO AMEND THE PUBLIC SERVICE LAW,
IN RELATION TO THE CONTENTS OF EMERGENCY RESPONSE PLANS REQUIRED TO BE
SUBMITTED TO THE PUBLIC SERVICE COMMISSION BY ELECTRIC CORPORATIONS.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07582-A, CALENDAR
NO. 253, HEVESI, THIELE, DAVILA, KELLES, LUPARDO, SIMON, ENGLEBRIGHT,
MAGNARELLI, PAULIN, FERNANDEZ, GRIFFIN, DINOWITZ, MCDONALD,
SEAWRIGHT, LUNSFORD, GOTTFRIED, O'DONNELL, SILLITTI, GONZÁLEZ-ROJAS,
GLICK. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO CERTAIN
FAMILIES' ACCESS TO CHILD CARE ASSISTANCE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07595, CALENDAR NO.
254, OTIS, JACOBSON. AN ACT TO AMEND THE LABOR LAW, IN RELATION TO
REQUIRING COPIES OF CERTAIN DOCUMENTS PHYSICALLY POSTED IN A
WORKPLACE TO BE MADE AVAILABLE TO EMPLOYEES ELECTRONICALLY.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07597, CALENDAR NO.
255, CAHILL. AN ACT TO REPEAL PARAGRAPH F OF SUBDIVISION 6 OF SECTION
6506 OF THE EDUCATION LAW RELATING TO SUPERVISION BY THE BOARD OF
REGENTS; TO REPEAL SUBDIVISION 6 OF SECTION 6524 OF THE EDUCATION LAW
RELATING TO REQUIREMENTS FOR A LICENSE AS A PHYSICIAN; TO REPEAL
SUBDIVISION 6 OF SECTION 6554 OF THE EDUCATION LAW RELATING TO
REQUIREMENTS FOR A LICENSE AS A CHIROPRACTOR; TO REPEAL SUBDIVISION 6 OF
SECTION 6604 OF THE EDUCATION LAW RELATING TO REQUIREMENTS FOR A
LICENSE AS A DENTIST; TO REPEAL SUBDIVISION 6 OF SECTION 6609 OF THE
14
NYS ASSEMBLY FEBRUARY 16, 2022
EDUCATION LAW RELATING TO REQUIREMENTS FOR A LICENSE AS A DENTAL
HYGIENIST; TO REPEAL SUBDIVISION 6 OF SECTION 6704 OF THE EDUCATION
LAW RELATING TO REQUIREMENTS FOR A LICENSE AS A VETERINARIAN; TO REPEAL
SUBDIVISION 6 OF SECTION 6711 OF THE EDUCATION LAW RELATING TO
REQUIREMENTS FOR A LICENSE AS A VETERINARY TECHNICIAN; TO REPEAL
PARAGRAPH 6 OF SUBDIVISION 1 OF SECTION 6805 OF THE EDUCATION LAW
RELATING TO THE REQUIREMENTS FOR A LICENSE AS A PHARMACIST; TO REPEAL
SUBDIVISION 6 OF SECTION 6955 OF THE EDUCATION LAW RELATING TO THE
REQUIREMENTS FOR A LICENSE AS A MIDWIFE; TO REPEAL PARAGRAPH 6 OF
SUBDIVISION 1 OF SECTION 7206 OF THE EDUCATION LAW RELATING TO
REQUIREMENTS FOR A LICENSE AS A PROFESSIONAL ENGINEER; TO REPEAL
PARAGRAPH 6 OF SUBDIVISION 1 OF SECTION 7206-A OF THE EDUCATION LAW
RELATING TO REQUIREMENTS FOR A LICENSE AS A PROFESSIONAL LAND SURVEYOR;
TO REPEAL PARAGRAPH 6 OF SUBDIVISION 1 OF SECTION 7324 OF THE
EDUCATION LAW RELATING TO REQUIREMENTS FOR A LICENSE AS A LANDSCAPE
ARCHITECT; TO REPEAL PARAGRAPH 6 OF SUBDIVISION 1 OF SECTION 7504 OF THE
EDUCATION LAW RELATING TO REQUIREMENTS FOR A LICENSE AS A CERTIFIED
SHORTHAND REPORTER; AND TO REPEAL SUBDIVISION 5 OF SECTION 7804 OF THE
EDUCATION LAW RELATING TO REQUIREMENTS FOR A LICENSE AS A MASSAGE
THERAPIST, MASSEUR, OR A MASSEUSE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07599, CALENDAR NO.
256, DARLING, MAGNARELLI, GALEF, ZINERMAN, FAHY. AN ACT TO AMEND
THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE SECONDARY ENFORCEMENT
OF CERTAIN MOTOR VEHICLE EQUIPMENT VIOLATIONS.
15
NYS ASSEMBLY FEBRUARY 16, 2022
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07602, CALENDAR NO.
257, FAHY. AN ACT TO REPEAL CERTAIN PROVISIONS OF THE CRIMINAL
PROCEDURE LAW RELATING TO PERSONS WHO ARE POLICE OFFICERS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7602. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07603, CALENDAR NO.
258, SILLITTI. AN ACT TO REPEAL CERTAIN PROVISIONS OF THE CRIMINAL
PROCEDURE LAW RELATING TO PERSONS WHO ARE POLICE OFFICERS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7603. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
16
NYS ASSEMBLY FEBRUARY 16, 2022
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07605-A, CALENDAR
NO. 259, BARRETT, NORRIS. AN ACT TO AMEND THE TAX LAW, THE EXECUTIVE
LAW, THE ECONOMIC DEVELOPMENT LAW, THE PUBLIC OFFICERS LAW, THE
REAL PROPERTY TAX LAW AND THE MILITARY LAW, IN RELATION TO EXPANDING
THE DEFINITION OF VETERAN TO INCLUDE MEMBERS OF THE COMMISSIONED
CORPS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION AND
THE UNITED STATES PUBLIC HEALTH SERVICE.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO A07606-A, CALENDAR
NO. 260, BARRETT, NORRIS. AN ACT TO AMEND THE GENERAL CONSTRUCTION
LAW, THE EXECUTIVE LAW, THE ELECTION LAW, THE MILITARY LAW, THE
INSURANCE LAW, THE PRIVATE HOUSING FINANCE LAW, THE PUBLIC OFFICERS
LAW, THE TAX LAW, THE ECONOMIC DEVELOPMENT LAW, THE CIVIL SERVICE
LAW, AND THE REAL PROPERTY TAX LAW, IN RELATION TO INCLUDING
MEMBERS OF THE SPACE FORCE AS BEING MEMBERS OF THE ARMED FORCES
OR VETERANS ELIGIBLE FOR CERTAIN CREDITS AND BENEFITS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7606. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
17
NYS ASSEMBLY FEBRUARY 16, 2022
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07611-A, CALENDAR
NO. 261, KELLES, ENGLEBRIGHT, THIELE, SEPTIMO, BURDICK, EPSTEIN, OTIS,
GRIFFIN, GLICK, COLTON, GOTTFRIED, L. ROSENTHAL. AN ACT TO AMEND THE
PUBLIC AUTHORITIES LAW, IN RELATION TO PROCEEDS FROM THE AUCTION OR
SALE OF CARBON DIOXIDE EMISSION ALLOWANCES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07623, CALENDAR NO.
262, CUSICK. AN ACT TO AMEND THE CRIMINAL PROCEDURE LAW, IN
RELATION TO DEFENDANT'S RIGHT TO A SUPPORTING DEPOSITION.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT NOVEMBER
1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7623. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07649, CALENDAR NO.
263, DAVILA, HEVESI. AN ACT TO AMEND THE FAMILY COURT ACT, IN
18
NYS ASSEMBLY FEBRUARY 16, 2022
RELATION TO EXPIRATION DATES OF ORDERS OF PROTECTION AND THE DURATION OF
TEMPORARY ORDERS OF PROTECTION IN JUVENILE DELINQUENCY CASES.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7649. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07661, CALENDAR NO.
264, HEVESI, THIELE, DAVILA, KELLES, LUPARDO, ENGLEBRIGHT, SIMON,
MAGNARELLI, DINOWITZ, SEAWRIGHT, GOTTFRIED, GONZÁLEZ-ROJAS, FORREST,
BYRNES. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO
PROVIDING THAT PUBLIC WELFARE OFFICIALS SHALL NOT BE REQUIRED TO LIMIT
AUTHORIZED CHILD CARE SERVICES STRICTLY BASED ON THE WORK, TRAINING, OR
EDUCATIONAL SCHEDULE OF THE PARENTS AND MAKING TECHNICAL CHANGES.
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A07673, CALENDAR NO.
265, BURDICK, JACOBSON, BYRNE, OTIS, SAYEGH. AN ACT TO AMEND THE
GENERAL MUNICIPAL LAW, IN RELATION TO UTILIZING COMMUNITY
PRESERVATION FUNDS.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
19
NYS ASSEMBLY FEBRUARY 16, 2022
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 180TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7673. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A07683, CALENDAR NO.
266, LAVINE, WALSH. AN ACT TO AMEND THE FAMILY COURT ACT, IN
RELATION TO AUTHORIZING ADJOURNMENTS IN CONTEMPLATION OF DISMISSAL IN
FAMILY OFFENSE CASES IN FAMILY COURT.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON ASSEMBLY PRINT 7683. THIS IS A FAST ROLL CALL. ANY MEMBER
WHO WISHES TO BE RECORDED IN THE NEGATIVE IS REMINDED TO CONTACT THE
MAJORITY OR MINORITY LEADER AT THE NUMBERS PREVIOUSLY PROVIDED.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
ON THE A-CALENDAR, RULES REPORT NO. 61, THE CLERK
20
NYS ASSEMBLY FEBRUARY 16, 2022
WILL READ.
THE CLERK: ASSEMBLY NO. A09283, RULES REPORT
NO. 61, PEOPLES-STOKES, LUPARDO, GOTTFRIED, BRONSON, WALKER,
WOERNER. AN ACT TO AMEND THE AGRICULTURAL AND MARKETS LAW AND THE
CANNABIS LAW, IN RELATION TO PROVIDING A CONDITIONAL ADULT-USE
CULTIVATOR LICENSE AND A CONDITIONAL ADULT-USE PROCESSOR LICENSE; AND
PROVIDING FOR THE REPEAL OF CERTAIN PROVISIONS UPON THE EXPIRATION
THEREOF.
ACTING SPEAKER AUBRY: ON A MOTION BY MRS.
PEOPLES-STOKES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION IS REQUESTED, MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: OF COURSE, MR. SPEAKER.
THIS BILL WOULD CREATE TWO TEMPORARY LICENSES THAT -- BOTH OF WHICH
WILL END JUNE 2024. ONE IS FOR CULTIVATION AND ONE IS FOR PROCESSING,
OUTDOOR AND GREENHOUSE GROWING. THE CANNABIS LICENSE APPLICANT HAS
TO BE SOMEONE WHO ALREADY IS LICENSED IN THE STATE OF NEW YORK TO
GROW AND CULTIVATE CANNABINOID HEMP. IN ADDITION, THE AMOUNT OF
CANNABIS GROWN UNDER THESE LICENSES WILL BE LIMITED, BUT GROWERS WHO
APPLY FOR THE LICENSE WILL BE ABLE TO CONTINUE USING IT AS LONG THEY
APPLY FOR A REGULAR LICENSE IN THE FUTURE FOR A PERMANENT LICENSE.
BECAUSE OUTDOOR AND GREENHOUSE GROWING KIND OF STARTS IN MARCH, THIS
IS NEW YORK, THERE IS SOME URGENCY TO APPROVE THIS NOW. BEING THAT
OCM IS EXPECTED TO ISSUE REGULATIONS FOR REGULAR CANNABIS LICENSES TO
DISPENSARIES SOMETIME BEFORE THE END OF THE YEAR, IT WOULD MAKE SENSE
21
NYS ASSEMBLY FEBRUARY 16, 2022
TO HAVE AVAILABLE PRODUCTS FOR THEM SHOULD THEY DO THAT.
THE BILL SPECIFICS: APPLICANTS WOULD NEED TO PASS --
POSSESS, RATHER, A VALID INDUSTRIAL HEMP GROWERS ISSUED LICENSE BY THE
DEPARTMENT OF AGRICULTURE AS OF 12/31/2021 AND HAVE GROWN AND
HARVESTED HEMP FOR TWO OUT OF THE LAST FOUR YEARS. IT WOULD ALLOW UP TO
20 ARTIFICIAL LIGHTS WITH OFFICE OF CANNABIS MANAGEMENT AUTHORIZED TO
ALLOW ADDITIONAL LIGHTS SHOULD THEY BE NECESSARY. IT PERMITS TO A
MINIMAL PROCESS AND TO DISTRIBUTE CANNABIS PRODUCTS, AND IT ALLOWS
CULTIVATION -- ALLOWS CULTIVATION LICENSE TO BE VALID UNTIL JANUARY 30TH,
2024; HOWEVER, THE PROCESSING AND DISTRIBUTION OF CANNABIS PRODUCTS
WILL ONLY BE VALID -- WILL -- IS ONLY VALID UNTIL JUNE THE 1ST, 2023, AT
WHICH TIME THEY WILL BE REQUIRED TO APPLY FOR A SEPARATE REGULAR
PROCESSORS AND DISTRIBUTORS LICENSE TO CONTINUE THE PROCESS OF
DISTRIBUTION.
CONDITIONAL ADULT-USE PROCESSOR LICENSE, APPLICANT
WOULD NEED TO HAVE APPLIED FOR A CANNABINOID HEMP PROCESSOR LICENSE
AS OF 12/31/2021. IT ALSO HAS -- ALLOWS FOR PROCESSING AND DISTRIBUTION
OF THIS CANNABIS PRODUCT, IT ALLOWS TO PRODUCE AND EXTRACT ONLY
PERMITTED TO DO SO UNDER THEIR EXISTING HEMP PROCESSOR LICENSES, AND
THE LICENSE IS VALID, AGAIN, MR. SPEAKER, UNTIL JUNE THE 30TH, 2024.
CONDITIONAL LICENSEES WILL HAVE THE OPPORTUNITY TO APPLY FOR A REGULAR
LICENSE ONCE REGULATIONS HAVE BEEN FINALIZED BY THE OFFICE OF CANNABIS
MANAGEMENT. THE BOARD WILL BE REQUIRED TO REPORT ON SUCH
CONDITIONAL CULTIVATOR AND PROCESSOR LICENSES BY DECEMBER THE 1ST OF
2023 AND AGAIN ON JANUARY THE 1ST OF 2024. ALL ADDITIONAL LICENSEES
22
NYS ASSEMBLY FEBRUARY 16, 2022
WILL BE REQUIRED TO ENTER AND MAINTAIN A LABOR PEACE AGREEMENT WITHIN
SIX MONTHS OF OBTAINING THEIR LICENSE. ALL CONDITIONAL LICENSEES WOULD
BE REQUIRED TO PARTICIPATE IN AN ENVIRONMENTAL SUSTAINABILITY PROGRAM
AND IN A SOCIAL EQUITY MENTORSHIP PROGRAM.
ACTING SPEAKER AUBRY: MR. TAGUE.
MR. TAGUE: THANK YOU, MR. SPEAKER. WOULD THE
MADAM MAJORITY LEADER PLEASE YIELD FOR SOME QUESTIONS?
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
WILL YOU YIELD?
MRS. PEOPLES-STOKES: YES, OF COURSE I WILL.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS,
SIR.
MR. TAGUE: THANK YOU. COULD YOU PLEASE EXPLAIN
THE LABOR PEACE AGREEMENT, WHICH IS ALSO KNOWN AS A PROJECT LABOR
AGREEMENT, THAT'S IN THIS PLAN?
MRS. PEOPLES-STOKES: ACTUALLY --
MR. TAGUE: I'M SORRY.
MRS. PEOPLES-STOKES: I WAS GOING TO SAY IT'S
NOT THE SAME AS A PROJECT LABOR AGREEMENT.
MR. TAGUE: WELL, WE'RE GOING TO AGREE TO DISAGREE
ON THAT ONE, MADAM, BUT I --
MRS. PEOPLES-STOKES: OKAY.
MR. TAGUE: -- I THINK IT IS. I'M SOMEBODY THAT'S
VERY FAMILIAR WITH PROJECT LABOR AGREEMENTS, I WORKED WITH THEM FOR
CLOSE TO 25, 30 YEARS, BUT ANYWAYS, I'D LIKE TO KNOW IF YOU COULD LET US
23
NYS ASSEMBLY FEBRUARY 16, 2022
KNOW EXACTLY WHAT THE -- A LABOR PEACE AGREEMENT IS. AND ALSO, IF YOU
COULD DEFINE -- DEFINE WHAT A BONA FIDE LABOR ORGANIZATION IS, PLEASE.
MRS. PEOPLES-STOKES: WELL, FIRST OF ALL, LET ME
JUST MENTION TO YOU, MR. TAGUE, THAT THE LABOR PEACE AGREEMENT IS
SOMETHING THAT WAS IN THE ORIGINAL MARIHUANA TAX AND REGULATION ACT,
SO IT IS ALREADY IN PLACE.
MR. TAGUE: BUT THE LANGUAGE IS -- THE LANGUAGE IS
DIFFERENT --
MRS. PEOPLES-STOKES: BUT I WOULD LIKE TO
INTERRUPT TO JUST ANSWER YOUR QUESTION.
MR. TAGUE: YUP; YUP, SURE. GO AHEAD.
MRS. PEOPLES-STOKES: ANYBODY WHO GETS
ACCESS TO A LICENSE IN THE STATE OF NEW YORK, THIS IS GOING TO BE A
REQUIREMENT BECAUSE IT'S IN THE ORIGINAL PIECE OF LEGISLATION. SO THIS IS
NOT SOMETHING NEW TO THIS, THIS IS JUST BRINGING CLARITY TO THE FACT THAT IT
IS STILL THERE.
MR. TAGUE: THE ONLY THING THAT I WOULD ARGUE IS
THAT THE LANGUAGE IN THE ORIGINAL BILL IS DIFFERENT THAN THE LANGUAGE THAT
IS IN THIS ONE. AND IF I REMEMBER OUR DISCUSSION DURING THE MARIHUANA
LEGISLATION, YOU AND I HAD A WONDERFUL, VERY RESPECTFUL DISCUSSION AND
YOU KEPT USING THE WORD DISTRESSED FARMERS, AND THAT THIS -- THIS PLAN
WAS GOING TO BENEFIT DISTRESSED FARMERS. I REALLY DON'T UNDERSTAND HOW
THAT STATEMENT CAN BE MADE IF WE ARE GOING TO INCLUDE LABOR PEACE
AGREEMENTS, HOW WE ARE GOING TO HELP DISTRESSED FARMERS.
MRS. PEOPLES-STOKES: WELL, THE WAY LABOR
24
NYS ASSEMBLY FEBRUARY 16, 2022
PEACE AGREEMENTS WORK, COLLEAGUE, IS THAT IT SIMPLY SAYS THAT SHOULD
THERE BE ENOUGH EMPLOYEES, IN WHATEVER BUSINESS WE'RE TALKING ABOUT,
TODAY WE'RE ACTUALLY TALKING ABOUT THE FARMING BUSINESS, THAT DESIRES TO
ORGANIZE THEMSELVES IN THE INTEREST OF THEIR -- OF THEIR JOBS, THAT THE
EMPLOYER WON'T OBJECT. THAT'S ALL IT SAYS.
MR. TAGUE: OKAY.
MRS. PEOPLES-STOKES: IT DOESN'T SAY THAT THEY
HAVE TO ORGANIZE, IT DOESN'T SAY THAT THEY WILL ORGANIZE, IT JUST SAYS THAT
THE EMPLOYER AGREES THAT HE WON'T OBJECT TO THEM IF THEY DESIRE TO DO
THAT.
MR. TAGUE: OKAY. WELL, I -- I READ THAT DIFFERENTLY
THAN YOU, BUT COULD YOU ALSO DEFINE FOR ME WHAT THIS BILL MEANS WITH
REGARDS TO A BONA FIDE LABOR ORGANIZATION? I DON'T KNOW IF I EVER HEARD
THAT TERM BEFORE.
MRS. PEOPLES-STOKES: WELL, I GUESS YOU CAN
DESCRIBE IT AS AN EXISTING LABOR ORGANIZATION OR A NEW ORGANIZATION THAT
GOT STARTED AROUND THE DESIRE TO ORGANIZE PEOPLE WHO WORK IN THAT AREA.
IT COULD BE, I GUESS AN ASSOCIATION THAT COULD BE BONA FIDE THAT WORKS
ON FARMING ISSUES AND REALLY KNOWS HOW IT COULD BE THE STATE FARMERS
ASSOCIATION THAT ORGANIZES IN THE INTEREST OF PEOPLE WHO WORK ON
FARMERS -- ON FARMS, SO I DON'T THINK IT'S NECESSARILY A UNION.
MR. TAGUE: IT'S NOT A UNION, IS THAT WHAT YOU SAID?
I'M SORRY.
MRS. PEOPLES-STOKES: I DON'T THINK IT
NECESSARILY HAS TO BE THAT, I THINK IT COULD BE AN ORGANIZATION THAT
25
NYS ASSEMBLY FEBRUARY 16, 2022
WORKS IN THE INTEREST OF THE PEOPLE WHO ARE EMPLOYED.
MR. TAGUE: SO FARM BUREAU, IF THEY WERE TO
DECIDE TO HAVE AN UNDERTAKING OF A BONA FIDE LABOR ORGANIZATION, THEY
-- THE FARM BUREAU WOULD QUALIFY TO REPRESENT THESE EMPLOYERS AND
THEIR EMPLOYEES?
MRS. PEOPLES-STOKES: I THINK THE FARM BUREAU
COULD ACTUALLY DO THAT IF THEY WERE REPRESENTING THE WORKERS AS
OPPOSED TO --
MR. TAGUE: I APPRECIATE -- I APPRECIATE THE
ANSWERS WITH THAT. MADAM MAJORITY LEADER, CAN YOU PLEASE TELL ME,
AND I'M SURE YOU MAY NOT HAVE THE ANSWER TO THIS, IF YOU DO IT WOULD
BE GREAT, BUT I'M CURIOUS TO KNOW HOW MANY DISTRESSED FARMERS IN OUR
STATE HOLD A VALID INDUSTRIAL HEMP GROWER AUTHORIZATION THAT ARE IN
GOOD STANDING WITH THE DEPARTMENT OF AGRICULTURE.
MRS. PEOPLES-STOKES: WELL, I WANT TO SAY THAT
THERE'S ABOUT -- I WOULD SAY ANYWHERE BETWEEN 200 AND 400 PEOPLE
THAT MAY BE CONSIDERED THAT. THERE ARE AT LEAST THAT MANY OR MORE WHO
ARE ALREADY LICENSED TO GROW HEMP.
MR. TAGUE: NOW, WOULD THAT NUMBER BE
CONSISTENT ALSO FOR DISTRESSED FARMS THAT HAVE HARVESTED AND GROWN
HEMP WITHIN THE LAST TWO TO FOUR YEARS?
MRS. PEOPLES-STOKES: YES.
MR. TAGUE: AND COULD YOU ALSO DEFINE EXACTLY
WHAT ENVIRONMENTAL SUSTAINABILITY PROGRAM, WHAT IT CONSISTS OF AND
ALSO THE DEFINITION OF THE SOCIAL EQUITY MEMBERSHIP PROGRAM?
26
NYS ASSEMBLY FEBRUARY 16, 2022
I WOULD SAY IF YOU WANT TO START OFF WITH THE
ENVIRONMENTAL SUSTAINABILITY PROGRAM, JUST WONDERING, YOU KNOW, A
BRIEF DEFINITION OF WHAT THAT CONSISTS OF.
MRS. PEOPLES-STOKES: SO THE OFFICE OF
CANNABIS MANAGEMENT IS CHARGED WITH COMING UP WITH THE RULES FOR
HOW SUSTAINABILITY LOOK, BUT IF YOU UNDERSTAND THE DEFINITION OF THE
WORD, IT MEANS HOW ARE YOU GOING TO SUSTAIN THIS AS A BUSINESS, HOW
ARE YOU GOING TO SUSTAIN IT AS A MARKET, HOW ARE YOU GOING TO SUSTAIN
THE PRODUCT SO THERE'S ALWAYS A GOOD QUALITY PRODUCT THAT WILL MEET
WHATEVER THE NEEDS ARE AS IT GOES THROUGH THE LABORATORY PROCESS. SO
IT'S SUSTAINABILITY OF YOUR BUSINESS.
MR. TAGUE: OKAY. I APPRECIATE THAT. AND LASTLY,
THE SOCIAL EQUITY MEMBERSHIP PROGRAM, AND I DID READ THROUGH THE BILL
AND IT LOOKS LIKE IT HAS DIFFERENT REQUIREMENTS. BUT DO WE HAVE PEOPLE
ALREADY IN PLACE THAT ARE QUALIFIED TO GO ON THE FARM SITES AND TEACH
PEOPLE THIS PROGRAM, OR IS THIS SOMETHING -- BECAUSE I'LL BE HONEST WITH
YOU, LOOKING THROUGH THIS, A LOT OF THE REGULATIONS AND REQUIREMENTS
AREN'T EVEN IN PLACE YET, SO I'M KIND OF WONDERING HOW SOMEONE WOULD
BE ABLE TO GET QUALIFIED TO DO THIS IF WE DON'T HAVE ANYTHING IN PLACE
WITH REGARDS TO THIS PROGRAM.
MRS. PEOPLES-STOKES: SO THE DEFINITION OF
SOCIAL EQUITY IS IN THE LAW, AND HONESTLY THE FACT THAT DISTRESSED FARMERS
IS NOT IN THERE, IT WAS NOT IN MY DEFINITION, BUT IT WAS IN THE DEFINITION
OF A LOT OF FARMERS IN THE STATE OF NEW YORK WHO WANTED TO BE
INCLUDED AND SO THEY ARE.
27
NYS ASSEMBLY FEBRUARY 16, 2022
MR. TAGUE: YEAH, BECAUSE I REMEMBER IN OUR
DISCUSSION BACK EARLIER, IT KEPT BEING BROUGHT FORTH THAT THIS WAS GOING
TO BE A GREAT THING FOR DISTRESSED FARMERS, THAT WORD WAS USED SEVERAL,
SEVERAL TIMES DURING THE DEBATE. SO YOU KNOW, THAT'S WHY I'M USING
THE WORD BECAUSE THAT'S WHAT THEY WERE REFERRED TO AS DISTRESSED
FARMERS. IT WAS SAID SEVERAL TIMES THAT THIS PLAN WAS GOING TO HELP
DISTRESSED FARMERS.
SO I WOULD LASTLY, HOW DO WE EXPECT, AND I'M GOING TO
USE THE TERM AGAIN, DISTRESSED FAMILY FARMS, TO BE ABLE TO COMPLY WITH
THESE REQUIREMENTS OR TO EVEN BEGIN TO GO IN THE BUSINESS WHEN WE
DON'T EVEN HAVE PERMIT REGULATIONS, OR WE HAVE WHAT I'M GOING TO CALL
BAD LEGISLATION LIKE THIS WHICH IS GOING TO PUT OUT BAD PRECEDENT TO
PROMULGATE THESE RULES. I JUST, I DON'T UNDERSTAND HOW WE CAN PUT THE
CART BEFORE THE HORSE. WHY WOULD -- WHY WOULD WE BRING LEGISLATION
LIKE THIS, SO PEOPLE CAN UNDERSTAND HOW THEY QUALIFY AFTER THE
REGULATIONS ARE IN PLACE.
MRS. PEOPLES-STOKES: SO AS YOU KNOW WHEN
THIS LAW WAS PASSED IN MARCH 31ST OF LAST YEAR, IT WOULD HAVE BEEN
DESIROUS IF THERE HAD BEEN A CONTROL BOARD PUT IN PLACE PRIOR TO THE NEW
GOVERNOR COMING IN PLACE, BUT THAT DIDN'T HAPPEN. AND SO THE CONTROL
BOARD THAT IS IN PLACE HAVE BEEN DOING A LOT OF WORK IN LOOKING AT HOW
THINGS WORK FOR OTHERS STATES, AS WELL AS OTHER COUNTRIES, WHEN THEY
LEGALIZE AND OPEN DISPENSARIES. AND ONE OF THE BIGGEST PROBLEMS THAT
THEY HAD WHEN THEY DID THAT IS THAT THEY WOULD OPEN THE DOORS FOR TWO
WEEKS, TWO MONTHS, AND THEN THEY WOULD HAVE TO CLOSE BECAUSE THEY
28
NYS ASSEMBLY FEBRUARY 16, 2022
DIDN'T HAVE PRODUCT. AND SO THIS IS AN ATTEMPT FOR NEW YORK TO GET
AHEAD OF THAT PROBLEM BY USING NEW YORK FARMERS.
MR. TAGUE: WELL, MADAM MAJORITY LEADER, I WANT
TO THANK YOU AS ALWAYS FOR OUR LITTLE DEBATE HERE. I'M GOING TO SPEAK
ON THE BILL, MR. SPEAKER, BUT AGAIN, I WANT TO SAY THANK YOU, MADAM
MAJORITY LEADER, I ALWAYS APPRECIATE TALKING TO YOU.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. TAGUE: I WANT TO THANK THE SPONSOR, THE
MAJORITY LEADER, FOR ANSWERING MY QUESTIONS.
MR. SPEAKER, WHILE THIS BILL IS WELL-INTENTIONED, IT IS
NOT A GOOD BILL FOR DISTRESSED FARMERS. WE WERE TOLD TIME AND TIME
AGAIN LAST YEAR WHILE DEBATING CANNABIS LEGISLATION THAT IT WAS ALL ABOUT
HELPING OUR DISTRESSED FAMILY FARMS, HELPING THEM DIVERSIFY AND GIVE
THEM OPPORTUNITY IN NEW AREAS OF CROP DEVELOPMENT. JUST LIKE THE
FARM LABOR WAGE OVERTIME ISSUE, THIS BILL DOES JUST THE OPPOSITE. IT
ACTUALLY HURTS THE PEOPLE THAT IT'S INTENDED TO HELP.
THIS BILL REQUIRES A PLA, WHICH WILL DEVASTATE
DISTRESSED FAMILY FARMS. FOLKS CALL IT A LABOR PEACE AGREEMENT, BUT IF IT
LOOKS LIKE A DUCK AND IT QUACKS LIKE A DUCK, MY FRIENDS, IT'S A DUCK. SO
A LABOR PEACE AGREEMENT IS A PROJECT LABOR AGREEMENT. IF YOU THINK FOR
ONE MINUTE THERE'S A DIFFERENCE, YOU'RE AWFULLY MISTAKEN. MY FRIENDS,
THE PASSAGE OF THIS BILL WILL SET A BAD PRECEDENT WITH LONG-TERM EFFECTS,
THE LIKES OF WHICH HAVE NEVER BEEN SEEN BEFORE. IT WILL DESTROY FARMS
AND AGRICULTURE IN NEW YORK STATE FOREVER.
I HAD ASKED SEVERAL TIMES IN OTHER DEBATES WITH
29
NYS ASSEMBLY FEBRUARY 16, 2022
REGARDS TO HEMP AND CANNABIS WHAT THIS WILL DO TO BENEFIT OUR FARMS. I
WAS ANSWERED SEVERAL TIMES, THIS WAS GOING TO BE A BIG WIN FOR
DISTRESSED FARMERS. WELL, FOLKS IF YOU CALL THIS A BIG WIN, I WOULD HATE
TO SEE WHAT YOU CALL A LOSS. I CAN'T FATHOM HOW ANYONE COULD REQUIRE
THAT OUR FAMILY FARMS UNIONIZE TO BE ABLE TO GROW AND SELL PRODUCTS IN
THEIR HOME STATE OF NEW YORK. THIS BILL HAS SPECIAL INTEREST WRITTEN
ALL OVER IT. WHAT HAPPENED TO MY DEMOCRATIC FRIENDS WHO PRIDED
THEMSELVES ON STANDING UP FOR THE LITTLE FOLKS, THE HARD-WORKING
BLUE-COLLARED NEW YORKERS? INSTEAD, YOU HAVE CHOSEN SPECIAL
INTERESTS AND CORPORATE FARMING OVER NEW YORK FARM FAMILIES. WITH
ALL DUE RESPECT, THE FOLKS PUSHING THIS BILL DON'T KNOW THE FIRST THING
ABOUT FARMING OR DISTRESSED FARMERS. YOU SHOULD BE ASHAMED; IN FACT,
THE ONLY THING THESE SPECIAL INTERESTS HAVE EVER GROWN IS A BLOATED
STATE GOVERNMENT. AND THE ONLY THING THEY HAVE EVER MILKED ARE THE
TAXPAYERS OF THE STATE OF NEW YORK.
MR. SPEAKER, I ASK MY COLLEAGUES TO STAND UP FOR OUR
FARMERS, STAND UP FOR COMMON SENSE AND JOIN ME IN VOTING NO ON THIS
MISGUIDED LEGISLATION. SIR, NO FARMS, NO FOOD. STOP FIGHTING THE HAND
THAT FEEDS US. THANK YOU.
ACTING SPEAKER AUBRY: MR. FRIEND.
MR. FRIEND: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MADAM MAJORITY
LEADER, WILL YOU YIELD?
MRS. PEOPLES-STOKES: YES, I WILL.
30
NYS ASSEMBLY FEBRUARY 16, 2022
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. FRIEND: GOOD AFTERNOON. COULD YOU TELL ME
WHY THE MEDICAL GROWERS IN OUR STATE WERE NOT CONSIDERED TO BE
PARTICIPANTS IN THIS PROCESS?
MRS. PEOPLES-STOKES: COULD YOU REPEAT YOUR
QUESTION, SIR?
MR. FRIEND: THE CURRENT BILL IS ONLY GOING TO ALLOW
HEMP GROWERS TO BE PART OF THE PROCESS, WHY NOT THE MEDICAL GROWERS
THAT WE CURRENTLY HAVE IN OUR STATE BEING PART OF THAT PROCESS?
BECAUSE PART OF GROWING MEDICAL MARIHUANA -- WELL, GROWING
MARIHUANA, YOU'RE LOOKING USUALLY FOR SPECIFIC STRAINS OF PLANTS THAT
YOU'RE GOING TO NEED, AND IN MOST CASES THOSE ARE GOING TO BE CLONED
EXAMPLES. AND WE ALREADY ARE GROWING MEDICAL MARIHUANA IN THE
STATE THAT COULD BE CLONED IN CONJUNCTION WITH OUR HEMP FARMERS WHO
HAVE THE OUTDOOR EXPERIENCE TO GROW THAT PLANT. I'M JUST WONDERING
WHY THE MEDICAL GROWERS WEREN'T ALLOWED TO BE PART OF THIS PROCESS IN
THE CURRENT BILL.
(PAUSE)
MRS. PEOPLES-STOKES: THE OFFICE OF CANNABIS
MANAGEMENT HAS THE AUTHORITY TO DEFINE TERMS INCLUDING BUT NOT
LIMITED TO GREENHOUSE, IMMATURE PLANT AND CANOPY AS A PART OF THE
TERMS AND CONDITIONS OF ADULT-USE CULTIVATOR LICENSE. IF THAT'S YOUR
QUESTION, THAT'S THE ANSWER.
MR. FRIEND: SO THAT WOULD BE FOR THE OFFICIAL
LICENSE, BUT THESE ARE FOR CONDITIONAL LICENSES. WOULD THEY ALSO BE
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NYS ASSEMBLY FEBRUARY 16, 2022
ABLE TO DO THAT FOR THE CONDITIONAL LICENSE WE'RE CURRENTLY PUTTING
FORWARD IN THIS BILL?
MRS. PEOPLES-STOKES: THAT IS -- I AM READING
FROM THE CONDITIONAL LICENSING LEGISLATION.
MR. FRIEND: OKAY. AND THEN, DO YOU KNOW HOW
MANY HEMP PRODUCERS WE CURRENTLY HAVE IN THIS STATE?
MRS. PEOPLES-STOKES: THAT ARE IN THE HEMP
BUSINESS? I DON'T HAVE THAT NUMBER, BUT I WANT TO SAY IT'S ANYWHERE
BETWEEN -- (PAUSE/SIDEBAR) SO IT'S ABOUT 2- TO 400 OF THEM WHO ACTUALLY
HAVE A LICENSE, BUT THOSE WHO HAVE BEEN GROWING FOR TWO YEARS, THAT
NUMBER IS PROBABLY LESS.
MR. FRIEND: OKAY.
MRS. PEOPLES-STOKES: BUT THERE ARE SIGNIFICANT
NUMBERS OF PEOPLE WHO HAVE A HEMP LICENSE IN THE STATE OF NEW YORK.
AS YOU KNOW, WE LEGALIZED THE GROWTH OF HEMP IN NEW YORK JUST RIGHT
BEFORE THE FEDERAL GOVERNMENT LEGALIZED IT AND SO IT HAS BEEN AN
INDUSTRY THAT PEOPLE HAVE BEEN USING IN OUR STATE FOR A WHILE.
MR. FRIEND: CORRECT, CORRECT. AND DO YOU HAVE
CURRENT NUMBERS FOR HOW MUCH HEMP --
MRS. PEOPLES-STOKES: SIR, IF I CAN JUST CORRECT
THAT NUMBER, I JUST GOT THIS FROM THE OCM, IT'S ACTUALLY 100 TO 200
HEMP FARMERS.
MR. FRIEND: THERE ARE 100 TO 200 PRODUCERS?
MRS. PEOPLES-STOKES: HEMP FARMERS IN THE
STATE OF NEW YORK; YES, SIR.
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NYS ASSEMBLY FEBRUARY 16, 2022
MR. FRIEND: OKAY, AND THEN THERE WOULD PROBABLY
BE FEWER THAT HAVE THE TWO TO FOUR YEARS OF EXPERIENCE THEN; IS THAT
CORRECT?
MRS. PEOPLES-STOKES: YES.
MR. FRIEND: OKAY.
MRS. PEOPLES-STOKES: AND BY THE WAY, THEY'RE
ORGANIZED IN SOMETHING CALLED THE NEW YORK STATE GROWERS
ASSOCIATION.
MR. FRIEND: OKAY. WOULD YOU KNOW HOW MUCH
HEMP MAY HAVE BEEN DESTROYED EACH YEAR BECAUSE IT HAD A THC LEVEL
THAT WAS TOO HIGH?
MRS. PEOPLES-STOKES: WE DON'T HAVE THAT
NUMBER, BUT WE DO KNOW THAT ALMOST EVERY RETAIL SPOT YOU GO INTO IN
NEW YORK, WHETHER IT'S A SUPERMARKET OR A DRUGSTORE, OR CORNER STORE
OR BODEGA, YOU WILL FIND SOMETHING THAT HAS CBD IN IT.
MR. FRIEND: RIGHT, BUT RIGHT NOW WE ARE GOING
THROUGH AND WE HAVE PEOPLE THAT ARE REGULATING THE INDUSTRY JUST FOR
HEMP WHO HAVE TO GO THROUGH AND TEST THE CROPS AND THEY ARE FINDING
THAT SOME OF THIS HEMP THAT IS GROWN ALREADY HAS THC LEVELS THAT ARE
BEYOND WHAT IS ALLOWED FOR -- FOR THE HEMP. AND I THINK ONCE WE START
DOING THAT WITH THE MARIHUANA, WE'RE GOING TO HAVE TO EXPAND YET EVEN
MORE PEOPLE TO GO OUT AND REGULATE TO MAKE SURE THAT, AGAIN, THE
MARIHUANA THAT'S BEING PRODUCED IS OF THE QUALITY AND THE STRAIN THAT
THEY SAY THEY'RE PRODUCING.
I WOULD LIKE TO GO ON. THIS BILL, HOW MANY
33
NYS ASSEMBLY FEBRUARY 16, 2022
CONDITIONAL LICENSES WILL THIS ALLOW FOR? SO HOW MANY HEMP
PRODUCERS WILL BE SHIFTING OVER TO MARIHUANA?
MRS. PEOPLES-STOKES: IN THE LEGISLATION THAT'S
BEFORE US TODAY, THERE'S ONLY TWO POTENTIAL LICENSES, CULTIVATION AND
PROCESSING.
MR. FRIEND: BUT HOW MANY -- HOW MANY PEOPLE
COULD PARTICIPATE IN IT? SO OF THE 100, SAY THAT THERE'S 100 TO 200 HEMP
PRODUCERS, LET'S SAY 50 OF THOSE ACTUALLY HAVE THE TWO TO FOUR YEARS OF
EXPERIENCE, HOW MANY OF THEM DO YOU THINK WOULD THIS ALLOW -- TO
SHIFT?
MRS. PEOPLES-STOKES: ANYWHERE FROM 1- TO
200. IT DEPENDS ON WHAT THE OFFICE OF CANNABIS MANAGEMENT -- WHO
THEY SELECT.
MR. FRIEND: OKAY. AND THEN DOES THIS BILL GIVE
ANY OTHER SECURITY CONSIDERATIONS FOR THE GROWERS?
MRS. PEOPLES-STOKES: THE EXISTING MARIHUANA
LEGISLATION PROVIDES FOR THAT AND -- BECAUSE IT ALSO SET UP THE OFFICE OF
CANNABIS MANAGEMENT, THEY WILL BE THE PEOPLE WHO WOULD ADMINISTER
THAT SECURITY.
MR. FRIEND: OKAY. SO WE'RE GOING TO RELY ON THE
OFFICE OF CANNABIS MANAGEMENT TO MAKE CARE OF THAT. AND THEN I
HAVE SEEN NUMEROUS CALLS FOR OUR POISON CENTERS THAT THEY'VE BEEN
GOING UP SINCE WE PASSED THE LAW, THAT PEOPLE ARE CALLING THE POISON
CENTERS CONCERNED ABOUT THEIR KIDS HAVING INGESTIBLES AND SEVERE
REACTIONS TO THOSE INGESTIBLES. ARE WE DOING ANYTHING TO TAKE CARE OF
34
NYS ASSEMBLY FEBRUARY 16, 2022
THAT TO MAKE SURE THESE INGESTIBLES AREN'T GETTING INTO THE HANDS OF
KIDS?
MRS. PEOPLES-STOKES: YES, I KNOW -- I DON'T
KNOW HOW YOU -- ONCE YOU MAKE A PRODUCT LEGAL HOW YOU HOLD PEOPLE
-- AND YOU DON'T PUT YOUR REGULATIONS IN PLACE RIGHT AWAY HOW YOU HOLD
PEOPLE DOWN FROM NOT TAKING ADVANTAGE OF THAT, BUT I DO KNOW THAT THE
OFFICE OF CANNABIS MANAGEMENT HAS RECENTLY SENT OUT COMMUNICATION
TO SEVERAL PEOPLE WHO HAVE ALREADY BEEN GIFTING, OR HOWEVER THEY DO
THIS TRADE FOR THIS PRODUCT, TO LET THEM KNOW THAT IT'S ILLEGAL, YOU SHOULD
STOP DOING IT AND, QUITE FRANKLY, IT WOULD INHIBIT YOUR POTENTIAL TO END
UP BEING A LICENSE HOLDER IF YOU CONTINUE TO DO SO. SO -- AND I ALSO
KNOW THAT A PART OF THEIR REQUIREMENT AS AN ORGANIZATION OF
MANAGEMENT IS TO WORK WITH BOTH THE HEALTH DEPARTMENT AND THE
AGRICULTURE DEPARTMENT TO ENSURE THAT THE RIGHT AMOUNTS OF CONTENT IS
GOING INTO EDIBLES AND IF THEY ARE EDIBLES, THEY'RE NOT IN PACKAGES THAT
LOOK LIKE THEY'RE FOR CHILDREN, AND ALL THE THINGS THAT PROTECT PEOPLE IS
WHAT WE'RE LOOKING TO DO WITH THIS LEGISLATION.
MR. FRIEND: OKAY. YEAH, AND I WOULD DEFINITELY
AGREE WITH DOING MORE ENFORCEMENT TO PROTECT OUR -- OUR KIDS FROM
GETTING THEIR HANDS ON THESE INGESTIBLES. AGAIN, ANY TIME THAT YOU
OUTLAW SOMETHING, IT ALWAYS BECOMES MORE ATTRACTIVE AND YOU PUT
REGULATIONS ON IT, IT BECOMES MORE ATTRACTIVE, BUT WE NEED TO GET THAT
MESSAGE OUT THERE THAT, AGAIN, THIS IS NOT APPROPRIATE FOR KIDS UNDER 24
BECAUSE IT CAN AFFECT THE BRAIN DEVELOPMENT, AND 24 MAY NOT BE THAT
CUTOFF AGE, IT MAY BE OLDER. SO AGAIN, WE NEED TO DO MORE ABOUT
35
NYS ASSEMBLY FEBRUARY 16, 2022
PROMOTING THAT, AGAIN, KIDS SHOULD NOT BE INGESTING ARTICLES THAT HAVE
THC IN THEM AND WE NEED TO DO MORE ON THAT.
BUT YOU GO RIGHT INTO THE GIFTING WHICH IS WHAT I WAS
GOING TO TALK ABOUT NEXT. IT'S A BIG, BIG ISSUE IN MY COMMUNITY. WE
HAVE ONE SELLER WHO HAS SEVEN LOCATIONS ACROSS NOT ONLY MY DISTRICT,
BUT NEIGHBORING DISTRICTS, THREE WITHIN MY LOCATION. THE SHERIFF AND
THE DAS AND TIOGA COUNTY RECENTLY WENT AHEAD AND RAIDED THREE OF
THOSE LOCATIONS AND THEY HAD POLICE CARS OUT ON THE STREET, THEY HAD
POLICE OFFICERS INSIDE THE BUILDING. AND WHILE THEY WERE THERE, THEY
STILL HAD PEOPLE COMING IN WITH CASH IN HAND TO BUY STICKERS IN HOPES
OF RECEIVING MARIHUANA AS THEY LEFT THE SHOP. THAT'S PRETTY BRAZEN I
THINK TO GO AHEAD AS AN INDIVIDUAL. SO WE HAVEN'T MADE THAT APPARENT
TO PEOPLE THAT GIFTING IS ILLEGAL. I REALIZE THAT OCM HAS DELIVERED THIS
MESSAGE, BUT WE NEED TO DO SOMETHING MORE. SO DOES THIS BILL ADDRESS
GIFTING AND MAKE MORE STRINGENT PENALTIES FOR THOSE WHO ARE DOING
THAT?
MRS. PEOPLES-STOKES: COULD YOU REPEAT YOUR
QUESTION? MR. SPEAKER, I'M JUST GOING TO ASK FOLKS WHO WANT ME TO
RESPOND TO YOUR QUESTIONS TO MAKE THEM PRECISE. IF YOU MAKE A
STATEMENT, A LONG STATEMENT AND THEN ASK A QUESTION, THEN I KIND OF LOST
THE QUESTION. SO COULD YOU REPEAT THE QUESTION, PLEASE?
MR. FRIEND: I DEFINITELY WILL. DOES THIS BILL THAT
WE'RE CURRENTLY CONSIDERING MAKE MORE STRINGENT LAWS FOR GIFTING TO
MAKE IT ILLEGAL?
MRS. PEOPLES-STOKES: WHAT THIS BILL DOES IS
36
NYS ASSEMBLY FEBRUARY 16, 2022
PROVIDING FOR CONDITIONAL LICENSING OF PEOPLE WHO ARE ALREADY HAVE A
LICENSE TO DEAL HEMP, TO GROW HEMP IN THE STATE OF NEW YORK, AND IT
WILL ALLOW THEM TO BOTH CULTIVATE AND PROCESS ADULT-USE CANNABIS.
MR. FRIEND: OKAY. THANK YOU, MAJORITY LEADER --
MRS. PEOPLES-STOKES: YOU'RE WELCOME, SIR.
MR. FRIEND: -- PEOPLES-STOKES, AND I WILL GO ON
THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
FRIEND.
MR. FRIEND: I BELIEVE THAT BEFORE WE TAKE UP ANY
MORE BILLS TO ALLOW MORE MARIHUANA TO BE GROWN IN THE STATE, TO GIVE
PEOPLE AN IDEA THAT MARIHUANA IS A DRUG THAT IS JUST AS BENIGN AS
ALCOHOL OR TOBACCO SMOKE, WHICH IN MY OPINION, NEITHER ARE BENIGN.
THEY BOTH HAVE SERIOUS HEALTH IMPLICATIONS. FOR US BEFORE THAT WE'RE
CONSIDERING MAKING THIS EVEN MORE ACCEPTABLE USE WITHIN OUR
COMMUNITIES, WE SHOULD BE TAKING CARE OF THE ISSUES THAT WE ALREADY
SEE. I REALIZE THAT OCM HAS ISSUED CEASE AND DESIST ORDERS TO THE
PEOPLE WITHIN THE STATE WHO ARE OPERATING GIFTING LOCATIONS. IT'S NOT
WORKING. THEY'RE NOT CEASING AND DESISTING, THEY'RE NOT CLOSING DOWN
THEIR SHOPS. ONE LOCATION WILL MAKE, IN MY COMMUNITY, $6- TO $7,000
A DAY. I HAVE THAT ONE BUSINESS THAT HAS SEVERAL LOCATIONS ACROSS MY
COMMUNITY AND NEIGHBORING ASSEMBLY DISTRICTS. YOU ADD THAT UP,
$100 FINE, $1,000 FINE PER DAY IS NOT GOING TO SHUT THEM DOWN. AND
THE FACT THAT WE'RE CONSIDERING MORE LEGISLATION BEFORE WE ADDRESS THAT
ISSUE I THINK IS THE WRONG APPROACH. WE SHOULD NOT BE DOING THAT.
37
NYS ASSEMBLY FEBRUARY 16, 2022
GIFTING IS SOMETHING THAT I HAVE BEEN ASKED ABOUT
FROM MY DAS, MY SHERIFFS, SINCE THE SUMMER. MY LOCAL TOWN
SUPERVISORS HAVE BEEN ASKING ABOUT IT AND THIS BILL DOES NOT ADDRESS
THAT ISSUE. WHEN THEY INITIALLY CALLED THE OCM THIS SUMMER, THOSE
TOWN SUPERVISORS, THE DAS, THE SHERIFFS CALLED OCM THIS SUMMER, THEY
SAID THAT THEY WERE WORKING ON IT AND THAT IT WAS ILLEGAL. BUT, YET,
WHAT'S ILLEGAL ABOUT IT? I MEAN, YEAH, THEY CAN GO IN, THEY RAID IT, THEY
TAKE OUT SOME OF THE PRODUCTS. IN THIS ONE CASE, ACROSS THREE LOCATIONS,
THEY FOUND 50 POUNDS OF MARIHUANA. AS THEY WERE LEAVING, THEY TOOK
ANOTHER NINE POUNDS OFF OF A CARRIER BRINGING IN MARIHUANA TO THE
LOCATION. THEY TOOK $24,000 IN CASH. THEY SAW A CHECK MADE OUT TO
AN ATTORNEY IN NEW JERSEY FOR OVER $54,000. THIS IS A CASH OPERATION
AND, YET, THIS PIECE OF LEGISLATION THAT WE'RE ADDRESSING TODAY IS NOT
MAKING THIS LESS ACCEPTABLE WITHIN NEW YORK. IT'S BROUGHT FORWARD TO
SAY THAT WE NEED TO HAVE A SOURCE READY TO SELL WHEN WE MAKE THIS
LEGAL. I SAY THERE IS NO ISSUE WITH SOURCE, WE ALREADY HAVE SOURCE FOR
AN ILLEGAL SUBSTANCE MIRACULOUSLY APPEARING UNDER OUR DOORSTEP IN
NEW YORK AT THIS MOMENT. WE NEED TO BE ADDRESSING THAT ILLEGAL
SUBSTANCE AND HOW IS IT GETTING HERE NOW BEFORE IT MAKES OUR
COMMUNITIES EVEN WORSE. AND UNFORTUNATELY, THIS BILL IS NOT DOING
THAT.
FOR THOSE REASONS, I CANNOT SUPPORT MAKING THIS A
MORE ACCEPTABLE USE POLICY FOR PRODUCT THAT IS NOT BENIGN AND SHOULD
NOT BE -- WE SHOULD NOT BE TELLING OUR KIDS THAT THIS IS AN ACCEPTABLE
WAY TO BEHAVE OR TO BE TOLERATED IN OUR STATE. I URGE A NO VOTE ON THIS
38
NYS ASSEMBLY FEBRUARY 16, 2022
BILL BEFORE WE ADDRESS MORE SERIOUS ISSUES ON THIS -- ON THIS -- ON THIS
DRUG. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. JENSEN.
MR. JENSEN: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
WILL YOU YIELD?
MRS. PEOPLES-STOKES: YES, MR. SPEAKER, OF
COURSE I WILL.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
YIELDS, SIR.
MR. JENSEN: THANK YOU, MADAM MAJORITY LEADER.
FOR INDUSTRIAL HEMP FARMERS WHO WILL BE APPLYING OR HAVE APPLIED FOR
THIS CONDITIONAL CULTIVATOR LICENSE, IS THERE ANY MECHANISM IN THE -- IN
THE LEGISLATION THAT WOULD CLARIFY WHERE THEY'RE RECEIVING THEIR STARTING
MATERIAL FROM FOR MOVING TO CANNABIS FROM HEMP?
MRS. PEOPLES-STOKES: SO YOU'RE ASKING IF THERE
IS ANYTHING IN THIS LEGISLATION THAT SAYS WHERE THEY WILL RECEIVE THEIR
PRODUCT FROM?
MR. JENSEN: THEIR STARTING MATERIAL.
MRS. PEOPLES-STOKES: I DON'T BELIEVE SO, BUT I
THINK IT'S UP TO THE OFFICE OF CANNABIS MANAGEMENT TO MAKE THAT
DETERMINATION.
MR. JENSEN: OKAY.
39
NYS ASSEMBLY FEBRUARY 16, 2022
MRS. PEOPLES-STOKES: BY THE WAY, I HAVE SOME
SUGGESTIONS FOR THEM IF THEY ASK.
MR. JENSEN: I'M SURE. SORT OF IN THAT SAME VEIN, OR
STRAIN, IF YOU WILL, NO PUN INTENDED -- WELL, PUN INTENDED, IS THERE ANY
MECHANISM IN THE LEGISLATION TO ENSURE THAT BY ISSUING THESE TEMPORARY
LICENSES THAT WE'RE NOT GRANDFATHERING IN BAD OPERATORS WHO MAY
ALREADY HAVE LEGAL GROW OPERATIONS UNDER THEIR HEMP LICENSE?
MRS. PEOPLES-STOKES: YES. YES, THERE IS AND
BECAUSE THIS IS A CONDITIONAL TWO-YEAR LICENSE, IT WILL BE EVALUATED
CONSTANTLY DURING THE COURSE OF THAT TWO YEARS. AND WHEN THERE IS AN
OPPORTUNITY TO APPLY FOR A PERMANENT LICENSE, IF YOU HAVE HAD
VIOLATIONS, IT WILL NOT BE AVAILABLE TO YOU.
MR. JENSEN: SO IN THAT RESPECT, HAS THE CANNABIS
CONTROL BOARD OR OFFICE OF CANNABIS MANAGEMENT ESTABLISHED ANY
REGULATIONS FOR THE INSPECTION PROCESS TO ENSURE THAT ONCE THEY RECEIVE
THESE CONDITIONAL LICENSES, THAT THERE ARE INSPECTORS IN PLACE TO ENSURE
THAT THERE WASN'T ILLEGAL OPERATIONS TAKING PLACE PRIOR TO THE ISSUANCE OF
THE TEMPORARY LICENSE?
MRS. PEOPLES-STOKES: YES.
MR. JENSEN: THEY HAVE -- OKAY. HAS THE CANNABIS
CONTROL BOARD FINALIZED ANY REGULATIONS IN RELATION TO THE ACTUAL
CULTIVATION OPERATIONS? WILL THEY BE UNDER CODE ENFORCEMENT FOR
AGRICULTURAL PRODUCTION, COMMERCIAL PRODUCTION, WILL THAT FALL UNDER
STATE INSPECTION OR LOCAL COUNTY OR MUNICIPALITY?
MRS. PEOPLES-STOKES: THAT'S GOING TO FALL
40
NYS ASSEMBLY FEBRUARY 16, 2022
UNDER THE INSPECTIONS OF THE OFFICE OF CANNABIS MANAGEMENT AND NOT
ONLY ARE THEY WORKING ON THE REGULATIONS, BUT THEY'RE FEVERISHLY HIRING
STAFF.
MR. JENSEN: OKAY.
MRS. PEOPLES-STOKES: SO IF YOU LOOK ONLINE,
YOU WILL SEE A PLACE FOR -- SHOULD YOU KNOW PEOPLE IN YOUR COMMUNITY
THAT HAVE ANY INTEREST IN DOING THIS KIND OF WORK, THEY SHOULD APPLY.
MR. JENSEN: OKAY. I THINK CERTAINLY I WOULDN'T BE
SURPRISED IF I GET THE SAME ANSWER FOR THE NEXT COUPLE QUESTIONS, BUT
WITH -- WITH BOTH HEMP AND MARIHUANA OR CANNABIS BEING A HUMAN
CONSUMABLE PRODUCT, IS THERE ANY MECHANISM FOR THIRD-PARTY TESTING,
ESPECIALLY IF WE'RE USING COMMERCIAL AGRICULTURAL TO ENSURE THAT THERE'S
NOT MICROBES OR PESTICIDES THAT ARE MAKING THEIR WAY INTO THE -- THE
FARM PRODUCT?
MRS. PEOPLES-STOKES: YES, THOSE ARE INCLUDED
IN THE ORIGINAL MRTA BILL.
MR. JENSEN: OKAY, OKAY. IN THE ORIGINAL
LEGISLATION, THERE'S A CLAUSE, AND CORRECT ME IF I'M INCORRECT IN SAYING
THIS, THAT OCM AND CCB, THEY MAY HAVE SOME REGULATIONS FOR
SEED-TO-SALE TRACKING. IS THERE ANY DEVELOPMENT THAT YOU'RE AWARE OF
THAT HAS NOW MADE THIS A MANDATORY PROVISION OF THE REGULATIONS THAT
ARE IN PLACE TO ENSURE THAT WE'RE KEEPING LEGALLY GROWN PRODUCT OFF THE
BLACK MARKET?
MRS. PEOPLES-STOKES: WELL, MY UNDERSTANDING
FROM THE BOARD MEMBERS AND MY UNDERSTANDING OF THE BUSINESS IS THAT
41
NYS ASSEMBLY FEBRUARY 16, 2022
YOU ABSOLUTELY MUST HAVE A SEED-TO-SEAL TRACKING SYSTEM IN ORDER TO BE
ABLE TO MAINTAIN THE LEGALITY OF THE BUSINESS, AS WELL AS THE QUALITY OF
THE PRODUCT.
MR. JENSEN: IS THERE ANY UPDATE THAT YOU WOULD BE
ABLE TO PROVIDE, THE -- THE STATUS OF IF THEY'VE SELECTED A VENDOR FOR THAT
SEED-TO-SALE TRACKING AND NOT NECESSARILY STARTING IT FROM SCRATCH?
MRS. PEOPLES-STOKES: NO, I CAN'T BUT I CAN TELL
YOU I HAVE TALKED TO A NUMBER OF PEOPLE WHO WOULD LIKE TO PROVIDE
THAT SERVICE, BUT I CAN'T TELL YOU WHO THEY'RE SELECTING OR WHO THEY'RE
EVEN THINKING OF SELECTING.
MR. JENSEN: OKAY. YOU MENTIONED, I BELIEVE IT
WAS IN YOUR EXPLANATION OR ONE OF MY COLLEAGUES, WHEN TALKING ABOUT
THESE CONDITIONAL LICENSES ARE GOING TO BE ISSUED BEFORE A LOT OF THE
OTHER THIRD-PARTY PROCESSORS. WHAT ARE THE CULTIVATORS GOING TO DO WITH
THE PRODUCT, ESPECIALLY IF IT'S AN INDOOR GROW OPERATION THAT PROVIDES A
QUICKER LIFE CYCLE, WHAT ARE THEY GOING TO DO WITH THAT PRODUCT WHILE
THEY HAVE IT ONSITE BEFORE THE OTHER LICENSES ARE ISSUED TO PROCESS AND
MAKE ITS WAY TO THE COMMERCIAL POINT OF SALE?
MRS. PEOPLES-STOKES: SO YOUR QUESTION IS WHAT
-- HOW IS THE OFFICE OF CANNABIS MANAGEMENT GOING TO MONITOR THE
GROW PROCESS?
MR. JENSEN: NO; NO, MA'AM.
MRS. PEOPLES-STOKES: THE PROCESSING PROCESS?
MR. JENSEN: SO I'M A HEMP FARMER, I'VE NOW GOT A
CONDITIONAL LICENSE TO GROW CANNABIS.
42
NYS ASSEMBLY FEBRUARY 16, 2022
MRS. PEOPLES-STOKES: YES.
MR. JENSEN: I HAVE AN INDOOR GROW FACILITY THAT'S
ABIDING BY THE NUMBER OF PLANTS AND LIGHTS.
MRS. PEOPLES-STOKES: YES.
MR. JENSEN: I FARM, I HARVEST, I HAVE -- I HAVE
MARIHUANA, BUT I DON'T HAVE A -- THE NEXT LINE IN THE COMMERCIAL CYCLE.
WHAT AM I DOING WITH THAT PRODUCT IF THERE'S NOBODY IN MY COMMUNITY
THAT IS LICENSED TO YET TO PROCESS AND/OR SELL?
MRS. PEOPLES-STOKES: WELL, THE PURPOSE FOR
SETTING UP THESE CONDITIONAL LICENSES IS THAT THE OFFICE OF CANNABIS
MANAGEMENT FULLY INTENDS TO HAVE, BY THE END OF THE YEAR, I WON'T SAY
THE NUMBER OF BUSINESSES BECAUSE I'M NOT SURE OF THAT, BUT THEY
ANTICIPATE OPENING DISPENSARIES BY THE END OF THE YEAR. AND THEY WANT
THESE FARMERS TO PREPARE THAT PRODUCT FOR THEM TO PUT INTO THOSE STORES,
BOTH AS A FLOWER AND AS OTHER PRODUCTS THAT ARE SOLD IN DISPENSARIES.
MR. JENSEN: SO IS THE EFFECTIVE DATE OF THIS
LEGISLATION EFFECTIVE ONCE THE GOVERNOR SIGNS IT INTO LAW?
MRS. PEOPLES-STOKES: YES, SO THAT THEY CAN BE
(INAUDIBLE).
MR. JENSEN: SO I GUESS MY QUESTION MEANS THAT
BECAUSE YOU HAVE, YOU KNOW, WE'RE IN THE MIDDLE OF WINTER, AN INDOOR
GROW CYCLE IS QUICKER THAN AN OUTDOOR GROW, OBVIOUSLY IN NEW YORK.
SO ONE OF THE CONCERNS I HAVE IF WE HAVE PRODUCT SITTING ON A FARM AND
I THINK MR. -- OR MY EARLIER COLLEAGUE BROUGHT THE IDEA UP OF SECURITY.
IS THERE ANYTHING THAT WE'RE DOING TO ENSURE THE SECURITY OF THE PRODUCT
43
NYS ASSEMBLY FEBRUARY 16, 2022
AND THE WORKERS ON THAT FARM TO ENSURE THAT WE DON'T HAVE PRODUCT JUST
SITTING THERE WHILE WE WAIT FOR THE NEXT -- PLACE IN THE SUPPLY CHAIN?
MRS. PEOPLES-STOKES: GOOD QUESTION, AND I
THINK MY UNDERSTANDING FROM COMMUNICATING WITH THE BOARD DIRECTOR
-- BOARD -- OFFICE OF CANNABIS MANAGEMENT IS THAT WHEN THEY SELECT A
PERSON TO GET THE LICENSE, THEY WORK THROUGH A TIME FRAME ON WHEN
THEY NEED TO HAVE STUFF AVAILABLE. WE DON'T WANT YOU TO GO INTO A
GREENHOUSE AND HAVE EVERYTHING READY BY SEPTEMBER BECAUSE WE'RE
NOT GOING TO HAVE ANY STORES OPEN BY THEN.
MR. JENSEN: RIGHT.
MRS. PEOPLES-STOKES: SO THERE WILL BE A TIME
FRAME THAT THEY WILL WORK WITHIN THESE -- BOTH THE FARMERS AS WELL AS
THE OFFICE OF CANNABIS MANAGEMENT SO THAT THE TWO THINGS MEET --
WHEN THE DISPENSARIES OPEN, THE PRODUCT IS READY.
MR. JENSEN: OKAY.
MRS. PEOPLES-STOKES: THE PRODUCT IS NOT READY
BEFORE THE DISPENSARIES OPEN.
MR. JENSEN: OKAY.
MRS. PEOPLES-STOKES: AND THEY'RE THE ONES
WHO HAVE THE CAPACITY TO WORK THROUGH BOTH OF THOSE ITEMS, AND I'M
CONFIDENT THAT THEY WILL.
MR. JENSEN: OKAY. IF I REMEMBER CORRECTLY BACK
TO LAST YEAR AND THE DEBATE ON THE ORIGINAL LEGISLATION, I BELIEVE SOME OF
MY COLLEAGUES BROUGHT UP BECAUSE OF THE FEDERAL NATURE OF HOW IT'S
TREATED, OF MARIHUANA BEING TREATED, ONE OF THE TOUGHER NEEDLES TO
44
NYS ASSEMBLY FEBRUARY 16, 2022
THREAD WAS THE QUESTION OF THE REVENUE, THE DOLLARS THAT ARE COMING IN
AND NEW YORK STATE RECEIVING THE TAX DOLLARS FROM THIS ENTERPRISE.
HAS THERE BEEN ANY MOVEMENT ON HOW THAT WILL WORK, ESPECIALLY IF WE
HAVE FARMERS AND PROCESSORS GETTING CONDITIONAL LICENSES AND NOW
POTENTIALLY HAVING TO PAY TAX TO NEW YORK STATE IN ADVANCE OF THE FULL
INDUSTRY BEING 100 PERCENT READY TO GO.
MRS. PEOPLES-STOKES: THE TAX ISSUES ARE GOING
TO BE EFFECTIVE APRIL 1ST.
MR. JENSEN: APRIL 1ST OF THIS YEAR?
MRS. PEOPLES-STOKES: YES.
MR. JENSEN: OKAY.
MRS. PEOPLES-STOKES: AS IT RELATES TO THIS
BUSINESS.
MR. JENSEN: AND IS THAT THROUGH OFFICE OF
CANNABIS MANAGEMENT OR THE CANNABIS CONTROL BOARD, THROUGH
REGULATION OF THEIR DETERMINING?
MRS. PEOPLES-STOKES: THE NEW YORK STATE
TAX OFFICE, AS WELL AS THE OFFICE OF CANNABIS MANAGEMENT.
MR. JENSEN: THROUGH TAX AND FINANCE.
MRS. PEOPLES-STOKES: YES.
MR. JENSEN: OKAY. MADAM MAJORITY LEADER, I
THANK YOU FOR ANSWERING MY QUESTIONS, AND THANK YOU.
MRS. PEOPLES-STOKES: YOU'RE WELCOME, SIR.
ACTING SPEAKER AUBRY: MR. LAWLER.
MR. LAWLER: THANK YOU, MR. SPEAKER. WILL THE
45
NYS ASSEMBLY FEBRUARY 16, 2022
SPONSOR YIELD?
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
WILL YOU YIELD?
MRS. PEOPLES-STOKES: YES.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
YIELDS, SIR.
MR. LAWLER: THANK YOU, MADAM MAJORITY
LEADER. I JUST WANT TO START BY CLARIFYING FROM A PREVIOUS DEBATE WITH
ONE OF MY COLLEAGUES, I BELIEVE I HEARD YOU SAY THAT AN ENTITY THAT GETS
A CONDITIONAL LICENSE MAY ENTER INTO AN AGREEMENT WITH A LABOR UNION
BUT IT WAS NOT NECESSARILY REQUIRED, AND I JUST WANT TO READ SECTION 8 OF
THE BILL LANGUAGE AND JUST GET MORE CLARIFICATION ON THAT. SO SECTION 8
SAYS, "THE OFFICE SHALL SET OUT SPECIFIC TERMS AND CONDITIONS SETTING
OUT REQUIREMENTS NECESSARY TO BE AWARDED AND MAINTAIN A CONDITIONAL
ADULT-USE CULTIVATOR LICENSE INCLUDING, BUT NOT LIMITED TO THE
REQUIREMENT THAT A LICENSEE AGREES TO PARTICIPATE IN AN ENVIRONMENTAL
SUSTAINABILITY PROGRAM AND A SOCIAL EQUITY MENTORSHIP PROGRAM. SUCH
MENTORSHIP PROGRAM SHALL BE DIRECTED TO TRAIN INDIVIDUALS INTERESTED IN
BECOMING LICENSED CULTIVATORS AND SHALL LEVERAGE REMOTE AND IN-PERSON
MENTEES WITH EXPERIENCE IN AGRICULTURE BUSINESS MANAGEMENT,
SUSTAINABLE CANNABIS CULTIVATION AND BEST PRACTICES. CANDIDATES FOR THE
MENTORSHIP PROGRAM MUST BE AT LEAST 18 YEARS OF AGE, MUST BE A NEW
YORK STATE RESIDENT, AND MUST BE INDIVIDUALS THAT WOULD BE CONSIDERED
SOCIAL EQUITY APPLICANTS AS DEFINED BY SECTION 87 OF THIS ARTICLE. THE
LICENSE TERMS AND CONDITIONS SET OUT BY THE OFFICE SHALL INCLUDE
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NYS ASSEMBLY FEBRUARY 16, 2022
REQUIREMENTS THAT A LICENSEE ENTER INTO A LABOR PEACE AGREEMENT WITH A
BONA FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES WITHIN SIX MONTHS OF
LICENSURE, THAT THE MAINTENANCE OF SUCH LABOR PEACE AGREEMENT SHALL BE
ONGOING MATERIAL CONDITION OF LICENSURE AND THAT LICENSEE SHALL MEET
ANY OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE OFFICE."
SO I JUST WANTED TO GET CLARITY. ARE THEY REQUIRED
BASED ON THAT READING TO ENTER INTO A LABOR PEACE AGREEMENT WITH A
BONA FIDE ORGANIZATION, OR IS IT SOMETHING WHERE THEY MAY DO THAT?
MRS. PEOPLES-STOKES: IF THEY ARE SELECTED AS A
LICENSEE TO CULTIVATE OR PROCESS ON THIS CONDITIONAL BASIS OR ON ANY
BASIS UNDER THE ORIGINAL MRTA LAW, THEY SHOULD UNDERSTAND THAT
THERE'S A LABOR PEACE AGREEMENT IN PLACE. THAT MEANS YOU CAN'T WAIT
UNTIL YOU GET 100 EMPLOYEES AND DECIDE YOU DON'T WANT TO BE
ORGANIZED -- YOU DON'T WANT THEM ORGANIZED. YOU'VE ALREADY ACCEPTED
THE FACT THAT THAT COULD HAPPEN, NOT THAT IT WILL, BUT THAT IT COULD. AND
IF IT DOES, YOU WON'T OPPOSE IT. BASICALLY WHAT A LABOR PEACE
AGREEMENT IS.
MR. LAWLER: OKAY. SO LABOR PEACE AGREEMENT
UNDER YOUR DEFINITION OR UNDER THE BILL'S DEFINITION IS SIMPLY STATING
THAT IF THE EMPLOYEES CHOOSE TO ORGANIZE, THEY WILL NOT OPPOSE IT UNDER
THE CONDITIONAL LICENSE, CORRECT?
MRS. PEOPLES-STOKES: THAT'S IT.
MR. LAWLER: OKAY, THANK YOU FOR THAT CLARITY.
MRS. PEOPLES-STOKES: YOU'RE WELCOME.
47
NYS ASSEMBLY FEBRUARY 16, 2022
MR. LAWLER: CURRENTLY TODAY IS ANY ENTITY IN THE
STATE OF NEW YORK GROWING AND/OR SELLING RECREATIONAL MARIHUANA?
MRS. PEOPLES-STOKES: ASK THAT QUESTION AGAIN?
MR. LAWLER: I'M SORRY. CURRENTLY TODAY, AS OF THIS
MOMENT, IS ANY ORGANIZATION OR ENTITY GROWING AND/OR SELLING
RECREATIONAL MARIHUANA?
MRS. PEOPLES-STOKES: WELL, ACCORDING TO AN
ARTICLE TO THAT I RECENTLY SAW IN THE NEWSPAPER, THERE ARE SOME PEOPLE
THAT ARE GIFTING MARIHUANA AND WHETHER OR NOT THEY'RE PURCHASING THAT
FROM SOMEBODY THAT GREW IT -- GROW -- GREW IT IN NEW YORK STATE, I
DON'T KNOW THAT BECAUSE I DIDN'T REALIZE PEOPLE WERE VIOLATING THE LAW
LIKE THAT.
MR. LAWLER: AND MAYBE I'LL MAKE IT A FINER POINT.
HAS THE OFFICE OF CANNABIS MANAGEMENT AUTHORIZED ANY ORGANIZATION
OR ENTITY AT THIS MOMENT THE ABILITY TO GROW OR SELL RECREATIONAL
MARIHUANA IN THE STATE OF NEW YORK?
MRS. PEOPLES-STOKES: THE OFFICE OF CANNABIS
MANAGEMENT HAS NOT AUTHORIZED ANYONE IN THE STATE OF NEW YORK TO
GROW ADULT-USE CANNABIS.
MR. LAWLER: OKAY, THANK YOU. I HEARD THE
RESPONSE TO MY COLLEAGUE, BUT JUST TO REITERATE, THIS BILL WILL TAKE EFFECT
IMMEDIATELY UPON THE GOVERNOR'S SIGNATURE AND ALLOW THE OFFICE OF
CANNABIS MANAGEMENT TO MOVE FORWARD WITH ISSUING CONDITIONAL
LICENSES, CORRECT?
MRS. PEOPLES-STOKES: EXACTLY.
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NYS ASSEMBLY FEBRUARY 16, 2022
MR. LAWLER: OKAY. SO IMMEDIATELY UPON GETTING
THAT CONDITIONAL LICENSE, LEGALLY SPEAKING, THEY COULD START GROWING
ONCE THEY GOT THAT CONDITIONAL LICENSE.
MRS. PEOPLES-STOKES: YES, AS LONG AS THEY'RE
WORKING IN CONJUNCTION WITH THE OFFICE OF CANNABIS MANAGEMENT AND
ITS INVESTIGATORS.
MR. LAWLER: OKAY. HAS -- AT THIS MOMENT, HAS
THE OFFICE OF CANNABIS MANAGEMENT PUBLISHED OR APPROVED OR
AUTHORIZED ANY REGULATIONS WITH RESPECT TO GROWING ADULT-USE
CANNABIS?
MRS. PEOPLES-STOKES: THEY HAVE NOT.
MR. LAWLER: THEY HAVE?
MRS. PEOPLES-STOKES: IF THEY HAVE, IT'S NOT
PUBLIC.
MR. LAWLER: IT'S NOT PUBLIC AT THIS MOMENT, OKAY.
LAST YEAR WHEN YOU AND I DEBATED THE ORIGINAL BILL, I SPECIFICALLY
FOCUSED IN ON THE ISSUE OF POTENCY --
MRS. PEOPLES-STOKES: POTENCY.
MR. LAWLER: -- AND I WAS FOCUSED ON WHETHER OR
NOT THE CANNABIS BOARD, OFFICE OF CANNABIS MANAGEMENT AND THE
CANNABIS CONTROL BOARD WOULD PUT A CAP ON POTENCY. AND YOUR
RESPONSE, WHAT I'M GOING TO READ FROM THE TRANSCRIPT, "I WOULD DEFER TO
THE CANNABIS CONTROL BOARD. I THINK THEY WILL BE THE RIGHT PEOPLE IN
THE RIGHT SPACE. AND WHY I SAY 18 MONTHS TO TWO YEARS IS BECAUSE
THAT'S ACTUALLY HOW LONG IT TOOK EVERY OTHER STATE AND/OR COUNTRY; IN
49
NYS ASSEMBLY FEBRUARY 16, 2022
FACT, IT TOOK LONGER THAN TWO YEARS FOR CANADA TO COME UP WITH A
REGULATORY PROCESS, AND SO I BELIEVE IT'S GOING TO TAKE NEW YORK THAT
MUCH TIME AT A MINIMUM." DO YOU STILL BELIEVE IT'S GOING TO TAKE 18
MONTHS TO TWO YEARS AT A MINIMUM TO COME UP WITH THE REGULATIONS?
MRS. PEOPLES-STOKES: SOME OF THEM, BUT NOT
ALL.
MR. LAWLER: OKAY. WHAT IS THE URGENCY IF THERE
ARE NO PUBLISHED REGULATIONS AT THIS POINT, IF THE CANNABIS CONTROL
BOARD AND THE OFFICE OF CANNABIS MANAGEMENT HAVE NOT FINALIZED
THEIR REGULATIONS, WHAT IS THE REAL URGENCY IN TRYING TO RUSH THE GROW AT
THIS MOMENT?
MRS. PEOPLES-STOKES: WELL, THERE IS A DESIRE BY
THE OFFICE TO HAVE DISPENSARIES OPENED BY THE END OF THE YEAR SO
SOMETIMES I GUESS IT'S JUST LIKE FOR ANY BUSINESS, YOU SET GOALS FOR
YOURSELF AND THAT'S THE GOAL THAT THE BOARD HAS SET FOR ITSELF TO BE ABLE
TO OPEN DISPENSARIES BY THE END OF THE YEAR. AND UNDERSTANDING THAT,
YOU KNOW YOU NEED TO HAVE A PRODUCT THAT WOULD BE AVAILABLE TO OPEN
A DISPENSARY BY THE END OF THE YEAR AND IN THEIR MIND, IT MADE SENSE TO
TRY AND ENGAGE NEW YORK FARMERS TO CREATE THAT PRODUCT FOR THEM.
NOW, ON THE OTHER HAND, THESE ARE PEOPLE WHO HAVE
MONITORED AND WATCHED EVERYTHING THAT'S GONE -- THAT'S HAPPENED IN
EVERY OTHER STATE AND EVERY OTHER COUNTRY, AS WELL, AND SO YOU LEARN
LESSONS FROM THAT. AND SOME OF THOSE LESSONS SAY IT MAY TAKE YOU
LONGER THAN THE 18 MONTHS, AND SOME OF THOSE MESSAGES MAY -- LESSONS
MAY SAY IT TAKES YOU LESS TIME TO DO THAT. AND SO THEY FIGURE OUT THE
50
NYS ASSEMBLY FEBRUARY 16, 2022
WAY TO USE LESS TIME, BY THE WAY, BECAUSE THEY JUST GOT STARTED THIS FALL,
ALTHOUGH THERE WERE A TEAM OF PEOPLE WHO WERE LEFT ON THE SECOND
FLOOR WHO NEGOTIATED THE MARIHUANA LEGISLATION IN ITS ORIGINAL STATE
THAT WERE STILL WORKING ON MOVING FORWARD THE AGENDA BECAUSE THE
LEGISLATION HAD BEEN APPROVED, ALTHOUGH THERE HAS -- THERE WAS NOT A
BOARD IN PLACE UNTIL THE NEW GOVERNOR CAME ON BOARD. AND SO I THINK
IT'S COMMENDABLE THAT THEY'VE MOVED THINGS THIS FAST, AND I WILL NOT
HOLD IT AGAINST THEM THAT I PROJECTED IT WOULD TAKE LONGER.
MR. LAWLER: TO YOUR KNOWLEDGE, I KNOW THERE
ARE NOT REGULATIONS THAT HAVE BEEN PUBLISHED, TO YOUR KNOWLEDGE HAS
THE CANNABIS CONTROL BOARD MADE ANY DETERMINATION WITH RESPECT TO
POTENCY?
MRS. PEOPLES-STOKES: TO MY KNOWLEDGE, I
DON'T KNOW. I COULD NOT ANSWER THAT.
MR. LAWLER: OKAY.
MRS. PEOPLES-STOKES: BUT IT'S A GOOD QUESTION
AND I WILL ASK THE NEXT TIME I SEE ONE OF THEM.
MR. LAWLER: THANK YOU. MY CONCERN IS THAT,
BECAUSE -- AS OF MY UNDERSTANDING AND PUBLIC KNOWLEDGE THEY HAVE
NOT MADE A DETERMINATION ON POTENCY, IF THE PRODUCT IS GROWN NOW
PRIOR TO A DETERMINATION MADE ON POTENCY, WHAT HAPPENS TO THAT
PRODUCT IF IT IS PUT INTO DISPENSARIES AGAINST WHAT A POTENTIAL CAP MAY
BE ON POTENCY?
MRS. PEOPLES-STOKES: SO IF THE GOVERNOR SIGNS
THIS BILL -- WELL, WE PASS THE BILL AND THEN THE GOVERNOR SIGNS THE BILL, I
51
NYS ASSEMBLY FEBRUARY 16, 2022
DON'T THINK THAT IT'S GOING TO TAKE EIGHT MONTHS TO FIGURE OUT WHAT THE
POTENCY SHOULD LOOK LIKE. IT HAS TO TAKE LESS TIME THAN THAT BECAUSE
THEY'RE ASKING THE HEMP FARMERS TO PUT A SEED IN THE GROUND IN THIS
GROW SEASON, SO YOU NEED TO KNOW WHAT THE POTENCY IS BEFORE IT
HAPPENS, RIGHT. (INAUDIBLE)
MR. LAWLER: I WOULD -- I WOULD AGREE WITH YOU,
AND --
MRS. PEOPLES-STOKES: WELL, I DON'T HAVE ANY
REAL FARMING SKILLS, BUT I THINK THAT YOU NEED TO KNOW THAT BEFORE YOU
START FARMING THE PRODUCT.
MR. LAWLER: I WOULD AGREE, AND I WOULD HOPE
THAT BEFORE ANY SEED IS PUT INTO THE GROUND THAT THERE ARE PUBLISHED
REGULATIONS AS TO THE POTENCY OF MARIHUANA AND --
MRS. PEOPLES-STOKES: I WOULD HOPE SO AS WELL,
SIR.
MR. LAWLER: I -- I WOULD HOPE THAT WE CAN GET
THAT FROM THE CANNABIS CONTROL BOARD SHOULD THIS BILL TAKE EFFECT.
OKAY. MADAM SPEAKER -- MADAM MAJORITY LEADER,
THANK YOU VERY MUCH FOR YOUR TIME AND ANSWERING MY QUESTIONS.
ON THE BILL.
ACTING SPEAKER RAJKUMAR: ON THE BILL.
MR. LAWLER: THANK YOU. MY BIGGEST CONCERN LAST
YEAR WHEN WE DEBATED THE ORIGINAL BILL WAS WITH RESPECT TO POTENCY.
AND THE REASON THAT I RAISED THAT CONCERN WAS BECAUSE POTENCY BACK IN
1995 WAS ABOUT 3.96 PERCENT. IN 2018 IT WAS 15.61 PERCENT. IN
52
NYS ASSEMBLY FEBRUARY 16, 2022
COLORADO, SOME OF THE MOST POPULAR STRAINS HAD THC LEVELS RANGING
FROM 17 TO 28 PERCENT, AND IN PRODUCTS SUCH AS EDIBLES, THC POTENCY
WAS UPWARDS OF 95 PERCENT. WHEN I ASKED MADAM MAJORITY LEADER
ABOUT THAT LAST YEAR, WE WERE TOLD THAT IT WOULD TAKE 18 TO 24 MONTHS TO
COME UP WITH THOSE REGULATIONS AND THAT THE CANNABIS CONTROL BOARD
WOULD BE MAKING A DETERMINATION ON THAT. WE HAVE NOT SEEN SUCH
DETERMINATION. IT'S ONLY BEEN TEN MONTHS, ROUGHLY, SINCE THAT BILL TOOK
EFFECT SO AS MADAM MAJORITY LEADER POINTED OUT, THERE'S ANOTHER EIGHT
MONTHS OR MORE TO GO TO TRY AND COME UP WITH THESE REGULATIONS. AND
I'M CONCERNED THAT WE ARE UNNECESSARILY RUSHING THIS GROW TO GET
PRODUCT ON THE SHELVES BEFORE ALL OF THE REGULATIONS CAN BE DETERMINED.
AND WE HAVEN'T EVEN TOUCHED ON ENFORCEMENT WITH RESPECT TO LAW
ENFORCEMENT AND ONCE THE PRODUCT IS ACTUALLY OUT ON THE STREETS AND
HOW WE ARE GOING TO ADDRESS THOSE CONCERNS THAT WERE RAISED IN A
PREVIOUS DEBATE ON THIS MATTER.
I WOULD ALSO NOTE THERE'S A GREAT IRONY IN THE FACT THAT
JUST A LITTLE WHILE AGO, WE PASSED A BILL THAT RELATES TO SCHEDULE I AND
SCHEDULE II DRUGS AND ADDING A NUMBER OF DRUGS TO THOSE LISTS
CLASSIFYING THEM AS ILLEGAL. AND IT IS IRONIC BECAUSE WHEN YOU TALK TO
THOSE WHO ARE IN THE TRENCHES DEALING WITH THE OPIOID EPIDEMIC,
DEALING WITH THE CONCERNS OF SUBSTANCE USE DISORDERS, NEARLY EVERY ONE
OF THEM WILL TELL YOU THAT MARIHUANA IS A GATEWAY DRUG AND MARIHUANA
PLAYS A SIGNIFICANT ROLE IN HOW PEOPLE GET TO A POINT WHERE THEY HAVE A
SUBSTANCE USE DISORDER, ESPECIALLY WHEN YOU'RE TALKING ABOUT HEROIN,
FENTANYL, AND OPIOIDS.
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NYS ASSEMBLY FEBRUARY 16, 2022
AND SO AT A TIME WHEN ON THE ONE HAND WE ARE SAYING
THIS IS A PROBLEM AND WE NEED TO ADDRESS THIS BY STRENGTHENING THE LAW
WITH RESPECT TO SCHEDULE I AND SCHEDULE II DRUGS, YET ON THE OTHER HAND
WE'RE SAYING HOW FAST CAN WE GET THIS PRODUCT INTO THE HANDS OF PEOPLE
IN NEW YORK STATE. AND IT IS DEEPLY CONCERNING AND I JUST -- I FIND IT
REMARKABLE THAT WE ARE TRYING TO ENSURE THAT THIS PRODUCT GETS INTO THE
HANDS OF NEW YORKERS BEFORE THE REGULATIONS HAVE EVEN BEEN SET BY
THE CANNABIS CONTROL BOARD AND THE OFFICE OF CANNABIS MANAGEMENT.
SO I STRONGLY ENCOURAGE ALL OF MY COLLEAGUES THAT WE
NEED TO SLOW DOWN, WE NEED TO LET THE OFFICE OF CANNABIS
MANAGEMENT DO ITS WORK, GET THE REGULATIONS SET, AND THEN AUTHORIZE
PEOPLE TO GROW. AND I THINK THAT IS AN IMPORTANT DISTINCTION THAT WE ALL
NEED TO TAKE INTO CONSIDERATION. THANK YOU.
ACTING SPEAKER RAJKUMAR: MR. WALCZYK.
MR. WALCZYK: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD?
MRS. PEOPLES-STOKES: YES, MADAM SPEAKER, I
WILL.
MR. WALCZYK: WONDERFUL TO --
ACTING SPEAKER RAJKUMAR: ON THE BILL.
MR. WALCZYK: THANK YOU. WONDERFUL TO
CONVERSE WITH YOU TODAY, APPRECIATE YOUR ANSWERS TO MANY OF MY
COLLEAGUES. TO BE ELIGIBLE FOR AND MAINTAIN A CONDITIONAL LICENSE
UNDER THIS BILL, YOU'LL HAVE TO HAVE A VALID INDUSTRIAL HEMP GROWER
AUTHORIZATION FORM, BE IN GOOD STANDING WITH THE DEPARTMENT OF
54
NYS ASSEMBLY FEBRUARY 16, 2022
AGRICULTURE AND MARKETS AS OF DECEMBER 31ST, 2021. WAS IT -- WHAT
WAS THE NUMBER OF INDUSTRIAL HEMP GROWERS THAT WOULD HAVE THE GOOD
STANDING AND LICENSE IN NEW YORK STATE?
MRS. PEOPLES-STOKES: IT'S BETWEEN 100 AND
200.
MR. WALCZYK: OKAY, BETWEEN 100 AND 200. AND
THEN ADDITIONALLY UNDER THIS BILL, YOU HAVE TO GROW AND HARVEST HEMP
FOR AT LEAST TWO OF THE PAST FOUR YEARS PURSUANT TO THAT LICENSE AND SHOW
PROOF THEREOF INCLUDING HOW MUCH HEMP WAS PRODUCED. IF THAT
REQUIREMENT IS ADDED IN, WHAT IS THAT NUMBER REDUCED TO?
MRS. PEOPLES-STOKES: I'M SORRY, SIR, IF YOU
COULD REPEAT THAT? I WAS TRYING TO GET THE SPECIFIC NUMBER OF THE HEMP
BUSINESSES THAT ARE LICENSED AND ELIGIBLE TO GET A CONDITIONAL LICENSE,
JUST SO WHEN THE NEXT TIME I'M ASKED I CAN SAY IT SPECIFICALLY INSTEAD OF
BETWEEN 100 AND 200.
MR. WALCZYK: OKAY, SO THE -- THANK YOU. THE
FOLLOW-UP QUESTION THROUGH YOU, MADAM SPEAKER, WOULD BE HOW MANY
OF THOSE 200 ALSO HAVE MET THE REQUIREMENT OF GROWING FOR THE LAST TWO
OUT OF FOUR YEARS? SO ALL 200. THEN ADDITIONALLY, YOU HAVE TO HAVE A
51 PERCENT OWNERSHIP INTEREST UNDER THIS BILL. HOW MANY OF THOSE 200
GROWERS HAVE A 51 PERCENT INTEREST?
MRS. PEOPLES-STOKES: THAT I DO NOT KNOW. BUT
THEY WILL ALL HAVE TO HAVE IT IN ORDER TO GET ACCESS TO THE CONDITIONAL
LICENSE.
MR. WALCZYK: PERHAPS ALSO UNDER SPECIFICATIONS
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NYS ASSEMBLY FEBRUARY 16, 2022
IN THIS -- IN THIS BILL YOU CAN HELP ME UNDERSTAND THE NUMBERS. IT SAYS,
CULTIVATION SHALL ONLY BE PERMITTED WITHIN THE SAME OR ADJACENT
COUNTY. HOW MANY GROWERS STRADDLE ADJACENT COUNTIES, HAVE FARMS ON
THEIR ADJACENT COUNTIES? I'M JUST CURIOUS ABOUT THE NUMBERS ON THAT.
MRS. PEOPLES-STOKES: I AM ACTUALLY NOT SURE
ABOUT THAT NUMBER, BUT THAT IS SOMETHING THAT I COULD ASK THROUGH THE
OFFICE OF CANNABIS MANAGEMENT OR THE AGRICULTURE DEPARTMENT.
MR. WALCZYK: THROUGH YOU, MADAM SPEAKER, I
WONDER IF YOU WOULD TELL ME WHY THAT PROVISION WAS INCLUDED?
MRS. PEOPLES-STOKES: WELL, THE DESIRE WAS -- IS
TO ALLOW AS MANY NEW YORK FARMERS TO HAVE ACCESS TO BE AN EARLY
GROWER AS POSSIBLE AND NOT TO SET SOMETHING UP THAT WILL ALLOW ONE
PERSON TO GO ACROSS MULTIPLE LINES, IN TERMS OF COUNTIES, AND LEAVING
OTHER PEOPLE OUT. SO IN OR -- IN OTHER WORDS, SHARE THE WEALTH.
MR. WALCZYK: I NOTICE THERE WAS ANOTHER
REQUIREMENT HERE THAT CULTIVATION CAN ONLY OCCUR OUTDOORS OR IN A
GREENHOUSE WHICH HAS NO MORE THAN 20 ARTIFICAL LIGHTS; IS THAT CORRECT?
IS THAT IN THIS BILL?
MRS. PEOPLES-STOKES: YES.
MR. WALCZYK: HOW DID WE ARRIVE AT THE NUMBERS
OF 20 LIGHTS IN A GREENHOUSE?
MRS. PEOPLES-STOKES: WELL, IT'S ACTUALLY
RECOMMENDED BY THE ASSOCIATION OF GROWERS AND BASED ON THEIR
UNDERSTANDING OF ENVIRONMENTAL NEGATIVE IMPACTS SHOULD YOU USE TOO
MANY, AND THE OPPORTUNITY FOR IT TO GROW WELL IF YOU DON'T USE ENOUGH.
56
NYS ASSEMBLY FEBRUARY 16, 2022
MR. WALCZYK: AND OF THE 200 INDUSTRIAL HEMP
GROWERS CURRENTLY THAT WOULD FALL UNDER THIS BILL, HOW MANY OF THEM
ARE USING LESS THAN 20 LIGHTS IN A GREENHOUSE, HOW MANY ARE USING
MORE THAN 20 LIGHTS IN A GREENHOUSE?
MRS. PEOPLES-STOKES: I CANNOT ANSWER THAT
EITHER, SIR.
MR. WALCZYK: AND THEN FINALLY, I SAW A
PROVISION HERE THAT A LICENSEE MAY CULTIVATE UP TO 43,560 SQUARE FEET OF
FLOWERING CANOPY OUTDOORS. THAT SEEMS VERY SPECIFIC AND I WAS
WONDERING IF THE SPONSOR COULD TELL ME WHY 43,560 SQUARE FEET WAS
CHOSEN.
MRS. PEOPLES-STOKES: THAT IS THE NUMBER THAT
THEY ASKED FOR, THE OFFICE OF CANNABIS MANAGEMENT, THE AMOUNT OF
CANOPY THAT SHOULD BE GROWN AND I THINK THAT THEY THINK THAT WOULD FIT
THE NEEDS OF THE NUMBER OF DISPENSARIES THAT THEY'D LIKE TO OPEN.
MR. WALCZYK: THROUGH YOU, MADAM SPEAKER, I
WONDERED WITH ALL OF THESE SPECIFICATIONS AND QUALIFICATIONS IN PLACE,
BEFORE WE MOVE ON TO THE FUTURE REQUIREMENTS, HOW MANY OF THOSE 200
INDUSTRIAL HEMP GROWERS WILL BE DISQUALIFIED FROM MOVING FORWARD
UNDER THIS WITH ALL OF THESE IN PLACE?
MRS. PEOPLES-STOKES: I'M NOT SURE HOW I'M
ABLE TO ANSWER THAT QUESTION, ONE, BECAUSE THEY HAVEN'T BEEN SELECTED
YET; TWO, BECAUSE WE DON'T KNOW WHO'S GOING TO VIOLATE WHAT; AND
THREE, BECAUSE HOW CAN I TELL THAT SOMEBODY IS GOING TO BE EXCLUDED
BEFORE THEY EVEN GOT STARTED.
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NYS ASSEMBLY FEBRUARY 16, 2022
MR. WALCZYK: I GUESS ANOTHER WAY OF ASKING,
THROUGH YOU, MADAM SPEAKER, WOULD BE HOW MANY -- HOW MANY
GROWERS ARE GOING TO BE EXCLUDED, HOW MANY CURRENT INDUSTRIAL HEMP
GROWERS ARE GOING TO BE EXCLUDED BASED ON THEIR CURRENT BUSINESS?
MRS. PEOPLES-STOKES: SIR, CAN I ASK YOU WHY
YOU THINK SOMEBODY IS GOING TO BE EXCLUDED?
MR. WALCZYK: WELL, I MEAN, I WILL YIELD TO THAT
QUESTION. SOMEONE MAY PERCEIVABLY HAVE 21 LIGHTS IN THEIR
GREENHOUSE, WHICH WOULD EXCLUDE THEM.
MRS. PEOPLES-STOKES: THEN THEY SHOULDN'T
APPLY.
MR. WALCZYK: I'M SORRY?
MRS. PEOPLES-STOKES: THEN MAYBE THEY
SHOULDN'T APPLY IF THEY'RE NOT ELIGIBLE FOR WHAT IS LAID OUT IN THE
LEGISLATION. AND THIS IS A CONVERSATION THAT WILL GO ON BETWEEN THEM
AND THE OFFICE OF CANNABIS MANAGEMENT. IF YOU MEET THE
REQUIREMENTS OF THE LAW, THEN YOU CAN APPLY.
MR. WALCZYK: I WOULD AGREE, MADAM -- MADAM
SPEAKER, I'LL GO ON THE BILL. THANK YOU. THANK YOU FOR --
ACTING SPEAKER RAJKUMAR: ON THE BILL.
MR. WALCZYK: -- THE ANSWERS. I WOULD AGREE THEY
PROBABLY WOULDN'T APPLY IF THEY DON'T MEET A LOT OF THESE QUALIFICATIONS.
SO WE VOTED ON THE TAXATION AND REGULATION ACT FOR
THIS EMERGING BUSINESS AND IT'S BECOMING TO LOOK A LITTLE BIT MORE LIKE
SOME CRONY CAPITALISM THAT WE'VE SEEN IN THE PAST IN NEW YORK STATE
58
NYS ASSEMBLY FEBRUARY 16, 2022
PAIRED WITH SOME SPECIAL INTERESTS AND WIRED FOR SOME VERY SPECIFIC
INDIVIDUALS. WE'VE SEEN WHAT HAPPENS WHEN, IN THE LEGISLATURE OR
DRIVEN BY THE EXECUTIVE, OR WHETHER IT'S A MANAGEMENT BOARD,
LANGUAGE COMES IN THAT, YOU KNOW, IS REALLY DRILLED DOWN TO BE VERY
SPECIFIC FOR SOME INDIVIDUALS, OR SOME INDIVIDUALS WHO ARE LOOKING FOR
A COMPETITIVE EDGE IN AN INDUSTRY, ESPECIALLY A NEW ONE.
SO A NEW INDUSTRY, HERE'S HOW WE WELCOME YOU TO
NEW YORK. YOU ARE WELCOME TO NEW YORK IF YOU HAVE A 51 --
SPECIFICALLY 51 PERCENT INTEREST IN YOUR NEW COMPANY, HAVE GROWN FOR
TWO OUT OF THE LAST FOUR YEARS, HAVE ALREADY LICENSED IN A RETROACTIVE
DATE BACK TO LAST YEAR, YOU STRADDLE TWO COUNTIES, YOU HAVE LESS THAN 20
LIGHTS IN YOUR GREENHOUSE, AND YOUR FARM IS VERY SPECIFICALLY 43,560
SQUARE FEET, PLUS THERE'S A BUNCH OF NEW RULES THAT NOBODY IN
AGRICULTURE HAS HAD TO FOLLOW AT ANY POINT IN NEW YORK'S HISTORY THAT
YOU WILL THEN HAVE TO FOLLOW. AND, MADAM SPEAKER, I WOULD LAUGH AT
THE STRANGULATION THAT THIS BODY IS BRINGING THIS NEW INDUSTRY IF IT
DIDN'T SET SUCH A DANGEROUS PRECEDENT FOR NEW YORK STATE FARMERS.
SO FOR THE FARMERS PAST, FOR THE FARMERS PRESENT, AND
FOR THE FARMERS FUTURE IN NEW YORK STATE, I WILL BE VOTING NO AND I
ENCOURAGE MY COLLEAGUES TO DO THE SAME.
ACTING SPEAKER RAJKUMAR: MR. LEMONDES.
MR. LEMONDES: THANK YOU, MADAM SPEAKER.
WILL THE SPONSOR YIELD?
ACTING SPEAKER RAJKUMAR: WILL THE SPONSOR
YIELD?
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NYS ASSEMBLY FEBRUARY 16, 2022
MRS. PEOPLES-STOKES: YES, OF COURSE I WILL.
MR. LEMONDES: THANK YOU MADAM MAJORITY
LEADER. I APPRECIATE YOUR YIELDING. WOULD YOU AGREE THAT PLA'S RAISE
THE COST TO DO BUSINESS?
MRS. PEOPLES-STOKES: PROJECT LABOR
AGREEMENTS?
MR. LEMONDES: YES.
MRS. PEOPLES-STOKES: YES, BUT THERE -- THIS
LEGISLATION THAT WE SPEAK OF TODAY DOES NOT HAVE A PLA AGREEMENT
ATTACHED TO IT.
MR. LEMONDES: WE DISAGREE ON THAT, BUT THAT'S
OKAY, THANK YOU.
MRS. PEOPLES-STOKES: OKAY.
MR. LEMONDES: WOULD YOU AGREE THAT EVERY ACRE
TAKEN OUT OF FOOD PRODUCTION WILL ULTIMATELY RESULT IN HIGHER FOOD AND
FEED PRICES?
MRS. PEOPLES-STOKES: WOULD I AGREE THAT -- SAY
THE QUESTION AGAIN?
MR. LEMONDES: EVERY ACRE TAKEN OUT OF FOOD
PRODUCTION WILL ULTIMATELY RESULT IN LESS FOOD BEING AVAILABLE.
MRS. PEOPLES-STOKES: I GUESS I COULD AGREE
WITH THAT ANALOGY, BUT I COULD ALSO AGREE WITH THE POINT THAT SOME
PEOPLE ARE NOT PRODUCING FARM OR -- FOOD OR ANYTHING ELSE ON THEIR
FARMS AND WOULD LIKE AN OPPORTUNITY TO BE ENGAGED IN A BUSINESS THAT
ALLOWS THEM TO HELP SEND THEIR KIDS TO COLLEGE.
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NYS ASSEMBLY FEBRUARY 16, 2022
MR. LEMONDES: I COULDN'T AGREE MORE, I AGREE
WITH FARMERS HAVING THE OPPORTUNITY AND CHOICE TO GROW WHAT THEY
WANT. IT WAS JUST SIMPLY A QUESTION WITH RESPECT TO LOSS OF LAND
ALLOCATED TO FOOD WHEN COUPLED WITH THE CLCPA INITIATIVES TO PUT
MASSIVE SOLAR FARMS AND SOLAR RAYS ALL OVER OUR FARMLAND. SO THERE'S
LESS AND LESS LAND AVAILABLE FOR FOOD PRODUCTION.
MRS. PEOPLES-STOKES: OKAY. WELL, I DO KNOW
THAT NEW YORK'S -- ONE OF OUR LARGEST INDUSTRIES IS AGRICULTURE. I WOULD
HOPE THAT DOESN'T CHANGE BECAUSE IF THERE'S NO FARM TO PRODUCE SOME
FOOD, THERE IS NO FOOD. SO I DON'T THINK THAT THIS LEGISLATION IS INTENDED
TO DIMINISH THAT, AND I DON'T THINK THAT THE CLC [SIC] LEGISLATION IS
INTENDED TO DIMINISH THE LANGUAGE THAT'S NECESSARY FOR FARMING.
MR. LEMONDES: I DON'T THINK IT'S INTENDED TO
EITHER, BUT IT WILL. EVERY ACRE TAKEN OUT OF FOOD PRODUCTION, REGARDLESS
OF WHAT THE REASON IS, DEVELOPMENT OR ALLOCATION TO OTHER THINGS, WILL
RESULT IN LESS LAND AVAILABLE FOR FOOD AND FEED PRODUCTION. THANK YOU
FOR ANSWERING MY QUESTIONS, THOUGH, I REALLY APPRECIATE IT.
MRS. PEOPLES-STOKES: YOU'RE WELCOME, SIR.
MR. LEMONDES: MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER RAJKUMAR: ON THE BILL.
MR. LEMONDES: THANK YOU. THIS DISASTROUS
LEGISLATION IS LIKE SO MANY OTHERS RECENTLY VOTED INTO EXISTENCE TO GREAT
DETRIMENT OF OUR STATE, ITS PEOPLE, OUR BUSINESSES, AND IT'S A
DISINGENUOUS ATTEMPT TO HIJACK AGRICULTURE AT THE INDIVIDUAL FARM LEVEL,
AND WILL ACT AS AN ADDITIONAL FORCING FUNCTION TO SHUDDER OUR FARMS.
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NYS ASSEMBLY FEBRUARY 16, 2022
LET'S NOT FORGET, FARMS ARE PRICE TAKERS NOT PRICE MAKERS. AND IN THE
FARM LABOR WAGE BOARD RULING, IF IMPLEMENTED, AND THE MINIMUM
WAGE INCREASES JUST BY THEMSELVES WILL RAISE COST ON NEW YORK STATE
FARMS 42 PERCENT. I HOPE THIS IS RECOGNIZED AS BAD. AND THEN, WE'RE
COUPLED WITH ADDITIONAL LABOR CHALLENGES. MORE HARM WILL ENSUE.
SO I'LL END THAT PIECE WITH A QUESTION, WHAT HAPPENS
WHEN YOU JEOPARDIZE OUR FOOD BASE? I URGE YOU TO TAKE THIS SERIOUSLY
AS EVERY ACRE TAKEN OUT OF FOOD PRODUCTION DOES INEVITABLY MAKE IT
HARDER TO SUSTAIN OUR FOOD BASE. I WOULDN'T WANT TO BE RESPONSIBLE FOR
DOING SOMETHING SO SHORTSIGHTEDLY DETRIMENTAL TO OUR EXISTENCE. AND I
THINK WE CAN AGREE, WE ALL EAT THREE TIMES PER DAY, BUT HOW MANY
CONNECT THE DOTS WITH WHERE THAT FOOD COMES FROM AND WHO PRODUCES
IT. I VOTE NO AND URGE ALL COLLEAGUES TO DO SO BECAUSE OF THE PLA
ATTACHMENT TO THIS BILL. THANK YOU.
ACTING SPEAKER RAJKUMAR: MR. BROWN.
MR. BROWN: THANK YOU, MADAM SPEAKER. WILL
THE SPONSOR YIELD FOR SOME QUESTIONS ON THE BILL?
ACTING SPEAKER RAJKUMAR: MRS.
PEOPLES-STOKES, WILL YOU YIELD?
MRS. PEOPLES-STOKES: YES, MADAM SPEAKER, I
WILL YIELD.
MR. BROWN: THANK YOU, MADAM MAJORITY LEADER.
HOW ARE YOU?
MRS. PEOPLES-STOKES: I'M DOING VERY WELL,
THANK YOU, SIR. THANK YOU FOR ASKING.
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NYS ASSEMBLY FEBRUARY 16, 2022
MR. BROWN: MAY I ASK WHAT PROMPTED THIS
LEGISLATION?
MRS. PEOPLES-STOKES: THE OFFICE OF CANNABIS
MANAGEMENT.
MR. BROWN: OKAY. AND WHAT ABOUT THE OFFICE OF
CANNABIS MANAGEMENT, DID THEY COME TO YOU AND ASK YOU IF YOU COULD
ADD THIS LEGISLATION TO --
MRS. PEOPLES-STOKES: YES, THROUGH -- VIA
SENATOR HINCHEY.
MR. BROWN: AND I'M JUST CURIOUS ABOUT SOME OF
THE SECTIONS OF THE LAW, ONE OF THEM IN PARTICULAR, SECTION 3-A WHICH
TALKS ABOUT THE QUANTITY OF ARTIFICIAL LIGHTS, SETS LIMITS ON THE AMOUNT OF
SQUARE FOOTAGE THAT CAN BE USED FOR BOTH CANOPIES AND IN-HOUSE
GROWING. WHERE DID THESE DESIGNATIONS COME FROM?
MRS. PEOPLES-STOKES: SIR, I CAN TELL YOU THAT IN
THE ORIGINAL COMPOSITION OF THIS LEGISLATION, THERE WAS NO MENTION OF
LIGHTS.
MR. BROWN: BUT SPECIFICALLY, THERE'S --
MRS. PEOPLES-STOKES: BUT NOW IT'S THERE
BECAUSE THE OFFICE OF CANNABIS MANAGEMENT AS WELL AS THE NEW YORK
HEMP GROWERS ASSOCIATION SAID IT WAS SOMETHING THAT WAS NEEDED.
AS THEY ARE GOING TO BE THE ONES GROWING THE PRODUCT, IT MAKES SENSE
TO LISTEN TO THEM.
MR. BROWN: SO WAS THE PARAMETERS THAT WERE
PLACED ON IT DESIGNED TO KEEP CULTIVATION TO A MINIMUM FOR HEMP
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NYS ASSEMBLY FEBRUARY 16, 2022
GROWING?
MRS. PEOPLES-STOKES: YES, IT PROVIDES AN
ADVANTAGE IN THE GROWTH PROCESS.
MR. BROWN: OKAY. THEN CERTAINLY YOU'RE AWARE
THAT IN STATES OF LEGALIZED MARIHUANA, CULTIVATION AND SMOKING, THAT
THERE'S A LOT OF ILLEGAL PRODUCTION THAT HAPPENS, CORRECT?
MRS. PEOPLES-STOKES: YEAH, ACTUALLY THERE'S A
LOT OF ILLEGAL PRODUCTION THAT PROBABLY HAPPENS IN NEW YORK STATE OR
ELSE OTHERWISE HOW DO WE GET THESE ARTICLES THAT WERE IN THE PAPER
TODAY? YES.
MR. BROWN: ANY PORTION OF THIS BILL, DOES IT TALK
ABOUT, OR THE PRIOR BILL, THE MRTA THAT WE PASSED AND WE DISCUSSED
LAST YEAR, DOES ANY OF THE TAX REVENUE GENERATED GO TOWARDS THE
ENFORCEMENT OF LEGAL CULTIVATION IN THE STATE?
MRS. PEOPLES-STOKES: YES.
MR. BROWN: OKAY. DO WE KNOW HOW MUCH --
MRS. PEOPLES-STOKES: THE ORIGINAL LEGISLATION.
MR. BROWN: DO WE KNOW HOW MUCH
PERCENTAGE-WISE WHAT IT WAS?
MRS. PEOPLES-STOKES: I DON'T KNOW WHAT A
NUMBER IS, BUT I WILL SAY IT'S 20 PERCENT OF WHATEVER THE REVENUES THAT
ARE COLLECTED.
MR. BROWN: AND IS THERE ANYTHING SPECIFIC IN THIS
YEAR'S BUDGET THAT TALKS ABOUT ENFORCEMENT, MONEY FOR ENFORCEMENT OF
ILLEGAL CULTIVATION OF MARIHUANA?
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NYS ASSEMBLY FEBRUARY 16, 2022
MRS. PEOPLES-STOKES: I'M NOT SURE I CAN
PURVIEW THE PART OF THE BUDGET THAT DEALS WITH SECURITY, HOMELAND
SECURITY OR POLICE DEPARTMENTS.
MR. BROWN: OKAY. WELL, CERTAINLY YOU KNOW THAT,
SINCE YOU'RE VERY WELL-VERSED, WE TALKED ABOUT THIS BILL ASSEMBLY
DISTRICT NAUSEAM LAST YEAR. IN TERMS OF THE ILLEGAL PRODUCTION, YOU'RE
AWARE OF THE ENVIRONMENTAL, THE DRASTIC ENVIRONMENTAL IMPACTS THAT
MARIHUANA PRODUCTION HAS ON THE ENVIRONMENT, CORRECT?
MRS. PEOPLES-STOKES: AWARE OF THE IMPACT
THAT MARIHUANA HAS ON WHAT?
MR. BROWN: ON THE ENVIRONMENT.
MRS. PEOPLES-STOKES: ON THE ENVIRONMENT?
MR. BROWN: YES.
MRS. PEOPLES-STOKES: ACTUALLY I'M NOT AWARE
OF THAT, SIR.
MR. BROWN: OKAY. SO IF I MAY --
MRS. PEOPLES-STOKES: SURE.
MR. BROWN: -- I WOULD LIKE TO JUST READ A PORTION
OF AN ARTICLE THAT WAS IN A CALIFORNIA NEWSPAPER LAST YEAR JUST TO POINT
OUT TO MY COLLEAGUES THAT MAY NOT BE AWARE.
MRS. PEOPLES-STOKES: MADAM SPEAKER, IF I
COULD ASK THE COLLEAGUE WHO ASKED ME TO YIELD IF HE WANTS TO GO ON THE
BILL OR WOULD HE STILL LIKE ME TO YIELD?
MR. BROWN: MADAM SPEAKER, I WOULD LIKE HER TO
YIELD, PLEASE.
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NYS ASSEMBLY FEBRUARY 16, 2022
MRS. PEOPLES-STOKES: OKAY, WELL I'M WILLING
TO YIELD IF I HAVE AN OPPORTUNITY TO RESPOND TO A QUESTION.
MR. BROWN: I WILL ASK A QUESTION.
IT SAYS, "FOUR YEARS AFTER WE BECAME LEGAL IN
CALIFORNIA FOR ADULT RECREATIONAL USE, STATE LAW ENFORCEMENT OFFICIALS
HAVE DOUBLED THE AMOUNT OF ILLICIT MARIHUANA PLANTS SEIZED AND
ERADICATED IN AN ANNUAL CAMPAIGN. CALIFORNIA ATTORNEY GENERAL ON
MONDAY ANNOUNCED THAT THE CAMPAIGN AGAINST MARIHUANA PLANTING
PROGRAM, ALSO KNOWN AS CAMP, HAS ERADICATED NEARLY 1.2 MILLION
ILLEGALLY CULTIVATED CANNABIS PLANTS THIS YEAR ALONE, THAT'S 2021. THAT'S
UP FROM 600,000 PLANTS SEIZED IN 2018, THE FIRST YEAR THAT MARIHUANA
WAS LEGAL IN CALIFORNIA, AND THAT THE CAMP PROGRAM HAS INCREASED IN
TERMS OF THE AMOUNT OF SPENDING THAT THE STATE HAS TO DO WITH RESPECT
TO POLICING ILLICIT MARIHUANA CULTIVATION."
SO I ASK YOU, MADAM MAJORITY LEADER, WITH RESPECT,
DON'T YOU THINK WE'RE PUTTING THE CART BEFORE THE HORSE WHERE WE'RE
PUSHING, AND I AGREE WITH MY COLLEAGUES, WE'RE RUSHING TO GET WEED ON
THE COUNTERS FOR PEOPLE TO SMOKE IN THIS STATE, BUT ARE WE REALLY
LOOKING AT THE IMPACTS OVERALL OF LEGALIZATION OF MARIHUANA IN NEW
YORK?
MRS. PEOPLES-STOKES: SIR, I DO NOT AGREE WITH
YOUR POSITION TODAY; I DID NOT AGREE WITH YOUR POSITION MARCH 31ST OF
LAST YEAR, EITHER.
MR. BROWN: SO HOW ARE WE GOING TO POLICE THE
ILLEGAL CULTIVATION OF MARIHUANA UNDER THIS LAW THAT'S BEFORE US RIGHT
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NYS ASSEMBLY FEBRUARY 16, 2022
NOW THAT LIMITS CULTIVATION TO 20 ARTIFICIAL PLANTS [SIC] AND
43,000-SOME-ODD SQUARE FEET OF FLOWERING CANOPY AND ADDITIONAL
SQUARE FOOTAGE, 20,000 FOR OTHER GROWING. WHO IS GOING TO POLICE IT?
THE DEC? THE CANNABIS CONTROL BOARD, THE STATE POLICE? HOW ARE
WE GOING TO DO THAT?
MRS. PEOPLES-STOKES: THE OFFICE OF CANNABIS
MANAGEMENT.
MR. BROWN: THEY HAVE POLICE POWERS UNDER NEW
YORK STATE LAW? DO THEY HAVE POLICE POWERS UNDER NEW YORK STATE
LAW?
MRS. PEOPLES-STOKES: YES, SIR; IN FACT THEY ARE,
AT THIS MOMENT, ARE INVESTIGATORS. YOU CAN GO ON THEIR WEBSITE IF
YOU'RE INTERESTED OR KNOW SOMEONE WHO IS INTERESTED IN APPLYING.
MR. BROWN: AND I KNOW WE DON'T HAVE RULES AND
REGULATIONS SET FORTH BY THE OFFICE OF CANNABIS MANAGEMENT YET, BUT
HAVE YOU HEARD WHETHER OR NOT THEY'RE EVEN IN DRAFT FORM AT THIS POINT,
BECAUSE I KNOW THAT THE APPOINTMENTS WERE JUST MADE A SHORT WHILE
AGO.
MRS. PEOPLES-STOKES: I FULLY EXPECT THE REGS
WILL BE OUT MOMENTARILY. I'M SURE IT'S NOT AS FAST AS YOU -- WE WOULD
ALL LIKE TO SEE THEM. BY THE WAY, THE BOARD WASN'T IN PLACE AS FAST AS I
WOULD HAVE LIKED TO SEEN IT, BUT I THINK THAT THEY ARE MAKING PROGRESS
AND I THINK THIS LEGISLATION BEFORE US TODAY IS THE RIGHT WAY TO GO AND I
THINK WE SHOULD MOVE FORWARD WITH IT.
MR. BROWN: AND JUST AS A SIDE, HOW DOES THIS LAW
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NYS ASSEMBLY FEBRUARY 16, 2022
DOVETAIL WITH THE FEDERAL LAW WHICH CONTRADICTS NEW YORK STATE LAW
WITH RESPECT TO MARIHUANA?
MRS. PEOPLES-STOKES: WHAT WAS YOUR QUESTION
AGAIN, SIR?
MR. BROWN: HOW DOES THE LAW WE'RE DISCUSSING
TODAY DOVETAIL WITH FEDERAL LAW WHEN IT'S WITH RESPECT --
MRS. PEOPLES-STOKES: ACTUALLY IT DOESN'T,
BECAUSE AS YOU KNOW AT THE FEDERAL LEVEL OF GOVERNMENT, MARIHUANA IS
STILL -- ADULT-USE IS STILL CONSIDERED A SCHEDULE I DRUG. HEMP IS NOT,
ADULT-USE IS, BUT THERE ARE PEOPLE IN OUR STATE, FARMERS WHO HAVE BEEN
GROWING HEMP FOR THE LAST TWO YEARS, SOME OF THEM HAVE HAD A LICENSE
FOR AT LEAST THE LAST FOUR YEARS AND AS A RESULT, THEIR EXPERIENCE AND
EXPERTISE IN THE ABILITY TO GROW THIS LEVEL OF THE PLANT, THEY'RE GOING TO
BE OFFERED AN OPPORTUNITY FOR A CONDITIONAL LICENSE TO GROW ADULT-USE.
MR. BROWN: SO DOES THIS LAW IN ANY WAY -- MY
COLLEAGUE BEFORE ASKED ABOUT POTENCY LEVELS, SO I DON'T NEED TO COVER
THAT, BUT HOW ABOUT UNDERAGE VAPING AND SMOKING OF MARIHUANA.
DOES THIS LAW ADDRESS THE INCREASE THAT'S GOING TO BE FELT AFTER --
MRS. PEOPLES-STOKES: IT'S STILL ILLEGAL FOR
UNDERAGE USE OF THIS PRODUCT. YOU MUST BE 21 YEARS OF AGE AND OLDER.
MR. BROWN: AND DOES ANY PORTION OF THIS BILL DEAL
WITH AN INCREASE IN MINORS SMOKING POT THAT WAS SEEN IN COLORADO AND
CALIFORNIA WHEN MARIHUANA WAS LEGALIZED?
MRS. PEOPLES-STOKES: WELL, YOUR RESEARCH
SHOWS YOU THAT THE YOUNG -- YOUTH ADULT INCREASED UNDER STATES THAT
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NYS ASSEMBLY FEBRUARY 16, 2022
LEGALIZED, MY RESEARCH SAYS JUST THE OPPOSITE.
MR. BROWN: WELL, MADAM MAJORITY LEADER, WITH
ALL DUE RESPECT, WE ARE NOT THE FIRST STATE IN THE UNION TO LEGALIZE
MARIHUANA, CORRECT?
MRS. PEOPLES-STOKES: YOU CAN ANSWER THAT
YOURSELF.
MR. BROWN: SO WHY DON'T WE LOOK TO OTHER STATES
FOR COMPARATIVE ANALYSIS AND LEARN THE LESSONS THAT THEY HAVE LEARNED
SO FAR? THERE WAS A WHOLE GROUP OF STATE LEGISLATORS IN COLORADO THAT
WENT -- WENT AS FAR AS VOTED FOR LEGALIZATION OF MARIHUANA ONLY TO LATER
ON REVERSE COURSE AND REALIZE THAT WE HAD TO REGULATE LEGALIZED
MARIHUANA BECAUSE THE EFFECT IT WAS HAVING ON OUR YOUNG PEOPLE AND
OUR MOTORISTS. WHY AREN'T WE DOING THAT AS PART OF THIS LEGISLATION, OR
THE MRTA?
MRS. PEOPLES-STOKES: BY THE WAY SIR, MAYBE I
DIDN'T HEAR SOME OF THE THINGS YOU SAID EARLIER, BUT YOU REALLY DON'T
HAVE TO YELL. I WILL SAY THAT THE OFFICE OF CANNABIS MANAGEMENT, AS
WELL AS MANY PEOPLE IN THE STATE OF NEW YORK, HAVE RESEARCHED THIS
PRODUCT FOR A LONG TIME, HAVE SEEN WHAT HAS HAPPENED IN SOME OTHER
STATES. AND THE NUMBERS OF YOUNG PEOPLE INCREASING THEIR USAGE THAT
YOU KEEP INSISTING HAPPENED, WE DO NOT SEE THE SAME DATA. THE
NUMBER OF TRAFFIC ACCIDENTS THAT YOU ARE CONCERNED IS GOING TO HAPPEN,
NO ONE ELSE SEES ALL OF THIS DATA THAT SAYS THAT.
AND SO ON ONE HAND, THERE ARE PEOPLE WHO AGREE AND
ON THE OTHER HAND, THERE ARE PEOPLE WHO DISAGREE.
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NYS ASSEMBLY FEBRUARY 16, 2022
MR. BROWN: NO, THIS IS --
MRS. PEOPLES-STOKES: AND AT THE END OF THE
DAY --
MR. BROWN: THIS IS, WITH ALL DUE RESPECT --
MRS. PEOPLES-STOKES: -- THIS IS THE SAME
ARGUMENT WE HAD LAST YEAR WHEN THE MARIHUANA LAW WAS PASSED.
MR. BROWN: MADAM MAJORITY LEADER --
MRS. PEOPLES-STOKES: NOW THEY'RE ASKING TO
IMPLEMENT THE LAW THAT WAS PASSED AND WE'RE HAVING A REPEATED
ARGUMENT AGAIN. BUT I'M STILL WILLING TO ANSWER ANY QUESTION THAT YOU
MAY HAVE. I DON'T WANT TO BE LECTURED, BUT I WILL ANSWER A QUESTION IF
YOU HAVE ONE.
MR. BROWN: AND I DON'T MEAN TO LECTURE, I'M
SIMPLY POINTING OUT THE FACTS THAT WE KNOW STATISTICALLY FROM OTHER
STATES WHAT HAS BEEN THE EFFECT OF LEGALIZATION. YOU LOOK NO FURTHER
THAN THE ROCKY MOUNTAIN STUDY THAT WAS DONE IN COLORADO LAST YEAR.
YOU LOOK NO FURTHER THAN THE NTSB STATISTICS ON FATAL ACCIDENTS CAUSED
BY MARIHUANA USAGE. SO ARE YOU -- ARE YOU TELLING THE MEMBERS OF THIS
HOUSE TODAY THAT THE OTHER STATES THAT HAVE LEGALIZED HAVE NOT SEEN A
SPIKE IN MINORS USING OR IN MOTOR VEHICLE ACCIDENTS OR FATALITIES DUE TO
MARIHUANA USE?
MRS. PEOPLES-STOKES: NOT IN THE RESEARCH THAT
I'VE SEEN, SIR.
MR. BROWN: OKAY. WHAT ABOUT ANY POTENTIAL
INCREASE IN CHILDREN THAT DEVELOP MARIHUANA USE DISORDER WITH THE
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NYS ASSEMBLY FEBRUARY 16, 2022
LEGALIZATION OF MARIHUANA? IS THERE ANY -- I ASKED AT THE BUDGET
HEARING THE OTHER DAY FOR MENTAL HYGIENE WHETHER THERE WAS ANY
MONEY PUT ASIDE IN THE BUDGET FOR ANY INCREASES IN MINORS USING
MARIHUANA AND DEVELOPING MARIHUANA USE DISORDER.
MRS. PEOPLES-STOKES: I HAVE NOT SEEN THAT
RESEARCH ITEM, SIR.
MR. BROWN: OKAY.
MRS. PEOPLES-STOKES: I'VE SEEN JUST THE
OPPOSITE.
MR. BROWN: SO OUT OF THE $350 MILLION THAT IS
POTENTIALLY GOING TO COME FROM TAX REVENUE DEVELOPED BY THE SALES OF
MARIHUANA, THERE -- IS THERE ANY PORTION THAT'S THERE TO PROTECT YOUNG
PEOPLE WHO ARE SUFFERING FROM MENTAL ILLNESS AS A RESULT OF MARIHUANA
USE DISORDER?
MRS. PEOPLES-STOKES: YES, THERE IS.
MR. BROWN: AND WHAT PERCENTAGE IS THAT?
MRS. PEOPLES-STOKES: TWENTY PERCENT --
ACTUALLY, 40 PERCENT I THINK.
MR. BROWN: SO JUST WITH RESPECT TO PARAGRAPH 8
WHICH SOME OF MY COLLEAGUES POINTED OUT, THE LANGUAGE WAS READ AND I
-- I READ THE LANGUAGE A LITTLE DIFFERENTLY AND INTERPRET IT A LITTLE
DIFFERENTLY BECAUSE IT -- THE WORD "SHALL" INCLUDE REQUIREMENTS FOR THE
LICENSURE TO ENTER INTO THE LABOR PEACE AGREEMENT. AND DO I
UNDERSTAND -- WITH YOUR INTERPRETATION, "SHALL" MEANS THEY MAY OR MAY
NOT AS OPPOSED TO "SHALL" MEANING MUST DO SO?
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NYS ASSEMBLY FEBRUARY 16, 2022
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
BEFORE YOU ANSWER THAT QUESTION.
MS. SOLAGES, WHY DO YOU RISE?
MS. SOLAGES: IS THIS -- IS THIS TOPIC GERMANE TO THE
BILL-AT-CHIEF [SIC]?
ACTING SPEAKER AUBRY: SAY IT AGAIN. I'M
SORRY.
MS. SOLAGES: BECAUSE WE'RE NOT DEBATING THE
MRTA, WE'RE DEBATING THIS PIECE OF LEGISLATION BEFORE THE HOUSE.
ACTING SPEAKER AUBRY: I DON'T UNDERSTAND.
MS. SOLAGES: IS THE QUESTIONING AT HAND GERMANE
THIS BILL-AT-CHIEF [SIC] BECAUSE THIS -- IT'S NOT GERMANE TO THE TOPIC OF
THE BILL-AT-CHIEF [SIC]?
MR. BROWN: MR. SPEAKER, I'M ASKING A QUESTION OF
PARAGRAPH 8 OF THE PIECE OF LEGISLATION THAT'S BEFORE THE HOUSE RIGHT AT
THIS MOMENT.
ACTING SPEAKER AUBRY: IT APPEARS THAT IT IS
RELEVANT TO THE --
MRS. PEOPLES-STOKES: (INAUDIBLE) I DON'T HAVE
THEM.
ACTING SPEAKER AUBRY: I APPRECIATE THAT.
YOU'VE STOPPED THE COMMENT.
WHY DON'T YOU REPEAT THAT QUESTION --
MR. BROWN: SURE.
ACTING SPEAKER AUBRY: -- AND THEN GIVE THE
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NYS ASSEMBLY FEBRUARY 16, 2022
MAJORITY LEADER TIME TO ANSWER. I DID NOTICE WATCHING YOU GUYS ON
THE SCREEN THAT THERE'S A LITTLE BIT TOO MUCH CUT BACK AND FORTH. LET'S
EXTEND THE QUESTION, ALLOW AN ANSWER AND AGAIN EXTEND A QUESTION.
THANK YOU.
MR. BROWN: SECTION 69-A, SUBPARAGRAPH 8
INCLUDES LANGUAGE THAT SAYS, SHALL INCLUDE REQUIREMENTS THAT A LICENSEE
ENTER INTO A LABOR PEACE AGREEMENT. AND YOUR ANSWER TO MY
COLLEAGUE WAS THAT "SHALL" MEANS MAY OR MAY NOT. DO I UNDERSTAND
THAT CORRECTLY --
MRS. PEOPLES-STOKES: NO, SIR.
MR. BROWN: -- AS OPPOSED TO "SHALL" MEANING
"MUST."
MRS. PEOPLES-STOKES: NO, SIR. THAT'S NOT WHAT
I SAID. WHAT I SAID IF THE PERSON WHO APPLIES FOR THIS LICENSE
UNDERSTANDS THAT THERE WILL BE A LABOR PEACE AGREEMENT HERE, THERE WILL
BE A LABOR PEACE AGREEMENT. NOW, THAT PERSON SHOULD ALSO UNDERSTAND
THAT SHOULD THEY DECIDE SOMETIME IN THE FUTURE THAT THE WORKERS WANT
TO ORGANIZE, THEY'RE NOT IN A POSITION WHERE THEY CAN STOP THEM BECAUSE
THEY AGREED THAT THERE'S PEACE AROUND LABOR ISSUES. THAT'S ALL THAT THIS
IS SAYING.
MR. BROWN: OKAY. THE RECORD IS CLEAR.
ON THE BILL, MR. SPEAKER.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. BROWN: MR. SPEAKER, I -- I'M VERY CONCERNED
ABOUT THIS LEGISLATION PUT BEFORE THE HOUSE AND THAT WE'RE ABOUT TO VOTE
73
NYS ASSEMBLY FEBRUARY 16, 2022
ON. I -- I FEEL THAT, ONCE AGAIN, WE'RE -- WE'RE RUSHING TO PUT WEED ON
THE SHELVES WITHOUT PROPER REGULATORY FRAMEWORK TO PROTECT OUR KIDS,
OUR MOTORISTS AND THE GROWERS BECAUSE OF THE -- THE INCREASE THAT WE'RE
GOING TO SEE. AND WE KNOW THAT THESE INCREASES ARE COMING BECAUSE
WE DON'T HAVE TO LOOK NO FURTHER THAN THE OTHER STATES THAT HAVE
LEGALIZED MARIHUANA IN THE UNITED STATES OF AMERICA. I DON'T
UNDERSTAND HOW WE CAN SIT HERE AND NOT DO A COMPARATIVE ANALYSIS AND
LOOKBACK. I'VE DONE IT MYSELF BY READING THE STUDIES, LOOKING AT THE
STATISTICS AND -- AND SEEING WHAT THE IMPACTS HAVE BEEN IN OTHER STATES
AND TALKING TO THE EXPERTS. YET HERE WE ARE, WE'RE DEBATING A BILL THAT'S
GOING TO OPEN AND PAVE THE WAY FOR CONDITIONAL LICENSES FOR PEOPLE
TO CULTIVATE WHICH WILL -- AND BY APRIL. TWO MONTHS FROM NOW. AND
YET AT THE SAME TIME WE'RE NOT DOING ANYTHING RELATIVE TO PROTECTING THE
PEOPLE THAT I ALREADY DESCRIBED.
AND FOR THOSE REASONS AND MANY, MANY MORE, I URGE
MY COLLEAGUES TO VOTE NO ON THIS PIECE OF LEGISLATION UNTIL WE DO THINGS
THE RIGHT WAY IN THIS STATE. THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. BYRNES.
MS. BYRNES: THANK YOU, MR. SPEAKER. IF I COULD
BE HEARD ON THE BILL.
ACTING SPEAKER AUBRY: YOU CERTAINLY MAY BE
HEARD ON THE BILL, MS. BYRNES. AND MRS. PEOPLES-STOKES --
MS. BYRNES: WELL --
ACTING SPEAKER AUBRY: AND MRS.
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NYS ASSEMBLY FEBRUARY 16, 2022
PEOPLES-STOKES IS GRACIOUS OF YOU.
MS. BYRNES: I WAS GOING TO SAY, WE'LL SAVE YOU ON
THIS ONE, MA'AM.
MRS. PEOPLES-STOKES: IT WOULD BE MY PLEASURE,
MA'AM.
MS. BYRNES: ON THE BILL, SIR.
ACTING SPEAKER AUBRY: ON THE BILL.
MS. BYRNES: ALL RIGHT. THIS BILL, WHICH BASICALLY
IS EXPEDITING THE TEMPORARY LICENSURE TO SELL MARIHUANA, YOU KNOW, I
LOOK AT IT AND IT SEEMS AT THIS POINT LIKE THERE'S INAPPROPRIATE
REGULATIONS IN PLACE. I'VE LISTENED TO ALL OF THE ARGUMENTS THAT WERE
RAISED BY EVERYBODY HERE THIS AFTERNOON, AND I THINK IT BOILS DOWN TO
EXACTLY WHAT WE WERE TOLD ON THE FLOOR. THE PURPOSE OF THIS BILL IS --
THE EXPRESS PURPOSE IS TO GET A CROP GROWING TO OPEN SALES BY THE END
OF THE YEAR. THE PURPOSE IS TO COLLECT TAX MONEY. THE STATE JUST WANTS
MONEY. THIS BILL PRIORITIZES MONEY OVER PEOPLE. IT IGNORES THE
ENVIRONMENTAL CONCERNS THAT HAVE BEEN DISCUSSED. IT IGNORES THE
PUBLIC SAFETY CONCERNS THAT HAVE BEEN DISCUSSED. AND JUST OR MORE
IMPORTANTLY, IT IGNORES AND PUSHES AWAY FARMERS WHO MAY HAVE
WANTED TO GROW THIS CROP IN THE FUTURE BECAUSE IT PRIORITIZES CURRENT
HEMP GROWERS AND IT CREATES A NEW BURDEN OF LABOR AGREEMENTS BEING
MANDATED AND REQUIRED.
IN MY HUMBLE OPINION THESE PRIORITIES ARE WRONG AND
I'M VOTING NO.
ACTING SPEAKER AUBRY: THANK YOU, MS.
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NYS ASSEMBLY FEBRUARY 16, 2022
BYRNES.
MR. REILLY.
MR. REILLY: THANK YOU, MR. SPEAKER. THE
QUESTION I HAD, THE MAJORITY LEADER ANSWERED PRIOR SO SHE WON'T HAVE
TO YIELD. I'D LIKE TO GO ON THE BILL PLEASE, MR. SPEAKER.
LOOKING AT THIS, ALL I KEEP THINKING ABOUT IS WE'RE
ALWAYS RUSHING TO BE FIRST, AS I OFTEN SAY IN THIS CHAMBER, AND WE FAIL
TO BE THE BEST. YOU KNOW, THE QUESTION THAT WAS ASKED THAT WAS
ANSWERED HAD TO DO ABOUT THE OFFICE OF CANNABIS MANAGEMENT, IF THE
RULES WERE IN PLACE AND WHERE WE ARE IF THEY'RE NOT, HOW LONG UNTIL
THEY'RE IN PLACE. AND PRIOR CONVERSATION INDICATED THAT WE DON'T KNOW.
WELL, THAT'S THE PROBLEM HERE. WE DON'T HAVE THE REGULATIONS IN PLACE
THAT CAN STOP THE BLACK MARKET SALES ON THE STREET, THE PUBLIC SAFETY
ASPECT, BECAUSE THIS STUFF IS GOING TO BE GROWN. AND IF YOU DON'T THINK
IT'S GOING TO BE MAKE IT TO THE STREETS ILLEGALLY, I HAVE A BRIDGE TO SELL
YOU. SEVENTEEN PERCENT OF NEW YORK CITY SHOOTING VICTIMS ARE
RELATED TO DRUGS. TWENTY PERCENT OF NEW YORK CITY HOMICIDES BY
SHOOTING ARE RELATED TO DRUGS. THESE ARE THE STATS. THIS IS THE DATA.
AND THAT IS PEOPLE. THOSE VICTIMS OF THOSE INCIDENTS ARE OUR
NEIGHBORS, ARE OUR FRIENDS, ARE OUR LOVED ONES. ALL I ASK IS THAT WE
SLOW DOWN AND WE GET IT RIGHT. LET'S STOP RUSHING TO BE THE FIRST AND
LET'S TRULY BE THE BEST.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MR. MANKTELOW.
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NYS ASSEMBLY FEBRUARY 16, 2022
MR. MANKTELOW: THANK YOU, MR. SPEAKER.
WOULD THE MADAM FLOOR LEADER YIELD FOR A COUPLE OF QUESTIONS,
PLEASE?
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
WILL YOU YIELD?
MRS. PEOPLES-STOKES: OF COURSE I WILL, MR.
SPEAKER.
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES
YIELDS, SIR.
MR. MANKTELOW: GOOD AFTERNOON, MADAM FLOOR
LEADER.
MRS. PEOPLES-STOKES: HI.
MR. MANKTELOW: JUST A FEW QUESTIONS. I -- I
WANT TO FOLLOW UP ON A COUPLE OF THEM THAT WAS ASKED BY MY
COLLEAGUES EARLIER.
MRS. PEOPLES-STOKES: OKAY.
MR. MANKTELOW: FIRST OF ALL, IS THIS -- WOULD
THIS BE CONSIDERED A PILOT PROGRAM JUST DOING IT FOR TWO MORE YEARS? IS
THAT -- IS THAT --
MRS. PEOPLES-STOKES: WOULD IT BE CONSIDERED
WHAT?
MR. MANKTELOW: WOULD THIS BE CONSIDERED A
PILOT PROGRAM? YOU KNOW, WE'RE JUST GOING TO DO THIS FOR TWO YEARS?
MRS. PEOPLES-STOKES: IT'S CONDITIONAL
LICENSING.
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MR. MANKTELOW: SO, AT -- AT THE END OF THAT TWO
YEARS IF I WAS TO DO IT I COULD EXTEND THAT POSSIBLY?
MRS. PEOPLES-STOKES: I WOULDN'T CONSIDER IT A
PILOT. WE'VE ALREADY MADE TO THE PEOPLE OF THE STATE OF NEW YORK TO
THEM THAT WE WERE GOING TO SET UP THIS PROCESS. THAT IS JUST THE START OF
IT.
MR. MANKTELOW: OKAY. I WAS JUST WONDERING
HOW -- HOW WE CAME UP WITH TWO YEARS. DO YOU KNOW HOW THAT
HAPPENED BY ANY CHANCE?
MRS. PEOPLES-STOKES: HOW IT CAME UP? WELL,
LAST MARCH THE 31ST WE PASSED LEGISLATION THAT WOULD ALLOW MARIHUANA
TO BE SOLD, TAX AND REGULATED IN THE STATE OF NEW YORK. THERE WAS A
CONTROL BOARD PUT IN PLACE WHEN KATHY HOCHUL WAS SWORN IN AS
GOVERNOR BACK IN THE FALL OF THIS YEAR, AND THAT CONTROL BOARD, ALONG
WITH THE PREVIOUS LEGAL COUNSEL THAT WAS WORKING WITH THE PREVIOUS
GOVERNOR, BEGAN TO WORK PREVIOUSLY ON PUTTING SOME THINGS TOGETHER
TO START THE INITIATIVE AND THIS IS WHAT THEY CAME UP WITH.
MR. MANKTELOW: OKAY. I APPRECIATE THAT -- THAT
ANSWER. EARLIER, ONE OF MY COLLEAGUES HAD ALSO ASKED, YOU KNOW, HOW
MANY HEMP GROWERS THERE ARE RIGHT NOW AND I BELIEVE YOU SAID 1- TO
200 AND YOU STILL --
MRS. PEOPLES-STOKES: YEAH.
MR. MANKTELOW: THAT'S THE RIGHT NUMBER?
MRS. PEOPLES-STOKES: IN THAT -- THAT AREA.
MR. MANKTELOW: SO -- SO ONE OF THE QUESTIONS I
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NYS ASSEMBLY FEBRUARY 16, 2022
WAS -- THAT CAME TO MY MIND WHEN I HEARD THAT QUESTION ASKED WAS, I
KNOW IN THIS CHAMBER WE TALK ABOUT GROUPS AND MINORITIES ALL THE
TIME, BLACK AND BROWN COMMUNITIES, YOUNG FARMERS, PEOPLE WITH
DISADVANTAGES, DISADVANTAGED FARMERS. OF THOSE 100 TO 200 GROWERS,
HOW MANY OF THOSE ARE PEOPLE OF COLOR OR LOW-INCOME FARMERS? DO
WE KNOW ANY OF THAT?
MRS. PEOPLES-STOKES: WELL, I DO KNOW THAT
THERE IS AN ORGANIZATION OF BLACK FARMERS IN THE STATE OF NEW YORK
THAT HAS ABOUT 200 PEOPLE IN IT. WHETHER OR NOT ANY OF THEM ARE HEMP
FARMERS, I DON'T KNOW THAT.
MR. MANKTELOW: DO -- DO YOU KNOW IF ANY OF
THEM ARE ALREADY HEMP GROWERS BY ANY CHANCE?
MRS. PEOPLES-STOKES: DO I KNOW IF ANY
FARMERS --
MR. MANKTELOW: DO YOU KNOW IF ANY OF THOSE
MEMBERS ARE ALREADY HEMP GROWERS?
MRS. PEOPLES-STOKES: I'LL REPEAT IT. I DO KNOW
THAT THERE IS AN ORGANIZATION OF BLACK FARMERS IN THE STATE NEW YORK,
SOMEWHERE AROUND 200 OF THEM OR SO. OF THAT NUMBER I HAVE NO IDEA
HOW MANY OF THEM ACTUALLY GROW HEMP.
MR. MANKTELOW: OKAY. I APPRECIATE THAT
ANSWER. THE REASON I WAS GOING IN THAT DIRECTION WAS, YOU KNOW, THIS
REALLY IS VERY DEFINED TO HAVING DONE PRODUCTION, HEMP PRODUCTION,
TWO YEARS PRIOR. TWO TO FOUR YEARS PRIOR I BELIEVE THE BILL SAYS. AND
SO HOW WOULD WE GET THESE NEW FARMERS INVOLVED INTO THIS IF THEY'RE
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NOT ALREADY HEMP GROWERS? HOW DO WE GET THOSE -- THOSE INDIVIDUALS
INVOLVED INTO THIS?
MRS. PEOPLES-STOKES: WELL, THE FOLKS WHO END
UP WITH THE CONDITIONAL LICENSE, THE TWO-YEAR CONDITIONAL LICENSE, THEY
ARE GOING TO BE REQUIRED TO DO MENTORSHIPS SO THEY CAN MAYBE WORK
WITH PEOPLE WHO NEVER FARMED IN THEIR LIFE THAT HAVE THE INTEREST IN ONE
DAY BEING A CULTIVATOR. OR THEY WORK WITH PEOPLE WHO ARE FARMING
TODAY AND HAVE AN INTEREST IN WANTING TO CULTIVATE HEMP AND/OR
ADULT-USE MARIHUANA. OR THEY CAN MAYBE WORK WITH PEOPLE -- YOUNG
PEOPLE WHO HAVE AN INTEREST IN LEARNING HOW --
MR. MANKTELOW: OKAY.
MRS. PEOPLES-STOKES: -- TO (INAUDIBLE) THIS
PRODUCT.
MR. MANKTELOW: SO -- SO MAYBE ONE THING I
COULD DO IS REACH OUT TO THE GROUP OF -- THE ORGANIZATION WE JUST TALKED
ABOUT A LITTLE BIT AGO, THE BLACK FARMER ORGANIZATION. YOU KNOW, I
THINK IT'S IMPORTANT TO GIVE EVERYBODY A CHANCE TO -- TO DO THIS, AND I
THINK WE AS NEW YORKERS WOULD BE BETTER TO DO SO. AND I'M NOT JUST
TALKING BLACK AND BROWN COMMUNITIES, I'M TALKING ABOUT ALL
COMMUNITIES, WHETHER -- NO MATTER WHAT COLOR YOU ARE. IT DOESN'T
REALLY MATTER TO ME, IT'S JUST WE NEED TO HELP YOUNG PEOPLE, NEW
FARMERS MOVE INTO THIS.
SO, I WANT THE OTHER QUESTION --
MRS. PEOPLES-STOKES: (INAUDIBLE), SIR. I -- I
APPRECIATE YOUR SUPPORT.
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MR. MANKTELOW: OH, ABSOLUTELY. I -- I'M GLAD
TO SUPPORT YOU IN THAT. NOT -- NOT JUST YOU, ALL OF US. ABSOLUTELY. AND
ONE OF THE BLESSINGS I HAVE IS I'M COLORBLIND, SO I DON'T SEE THE COLORS
EVERYBODY ELSE SEES. SO THAT'S A BLESSING.
ANOTHER QUICK QUESTION. EARLIER ONE OF MY
COLLEAGUES HAD ASKED ABOUT THE 43,560 SQUARE FOOD. DO YOU KNOW
HOW BIG OF AN AREA THAT IS?
MRS. PEOPLES-STOKES: CAN YOU SAY THAT AGAIN?
MR. MANKTELOW: I'M SORRY. EARLIER MY
COLLEAGUE HAD ASKED HOW DID YOU COME UP WITH THE NUMBER 43,560
SQUARE FOOD? THAT -- THAT'S AN ACRE.
MRS. PEOPLES-STOKES: IT'S AN ACRE, SIR. I MEAN,
I -- I DON'T KNOW HOW THEY CAME UP WITH THE NUMBER FOR AN ACRE, BUT
THEY CAME UP WITH AN ACRE.
MR. MANKTELOW: WHO IS "THEY"?
MRS. PEOPLES-STOKES: EXCUSE ME?
MR. MANKTELOW: WHO IS "THEY"?
MRS. PEOPLES-STOKES: THE OFFICE OF CANNABIS
MANAGEMENT.
MR. MANKTELOW: THEY CAME UP WITH THAT?
MRS. PEOPLES-STOKES: THE OFFICE OF CANNABIS
MANAGEMENT.
MR. MANKTELOW: OKAY. THANK YOU. AND -- AND
I'M ASSUMING ALSO THEY CAME UP WITH THE -- THE 25,000 SQUARE-FOOD
INDOOR GREENHOUSE AS WELL?
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MRS. PEOPLES-STOKES: YES.
MR. MANKTELOW: SO ONE OF MY OTHER CONCERNS,
AND MAYBE YOU CAN HELP ME WITH THIS AS WELL. I DID THE NUMBERS. I
LOOKED INTO A GREENHOUSE. TO -- TO BUILD A GREENHOUSE HOUSE, A 25,000
SQUARE-FOOD GREENHOUSE IT'S GOING TO COST SOMEBODY ABOUT $625,000 OF
AN INVESTMENT. MY CONCERN IS, HOW WOULD A GROWER DO THAT IF THEY'RE
NOT SURE THAT THEY CAN DO IT FOR MORE THAN JUST TWO YEARS?
MRS. PEOPLES-STOKES: I THINK GREENHOUSES MAY
BE INCLUDED BECAUSE THEY ALREADY HAVE THEM. THEY'RE HEMP GROWERS,
THEY'VE BEEN GROWING FOR A WHILE.
MR. MANKTELOW: OKAY. WELL, I -- I KNOW
SEVERAL HEMP GROWERS IN MY AREA AND I ACTUALLY TALKED WITH ONE OF
THEM THIS MORNING ON THE PHONE. AND THAT ONE HEMP GROWER GREW
HEMP FOR TWO YEARS AND IS NOW NOT GROWING IT THIS YEAR JUST BECAUSE HE
COULD NOT MAKE ANY MONEY DOING IT. AND HE'S A PROFESSIONAL FARMER,
THEY WORK A LOT OF ACRES AND THEY TRIED THIS. MY CONCERN IS, HOW ARE
WE GOING TO GET THESE INDIVIDUALS TO DO WHAT WE WANT THEM TO DO? IF --
IF MY FARMER THAT I TALKED WITH THIS MORNING COULDN'T DO IT -- AND I
CONSIDER HIM ONE OF THE BEST FARMERS I KNOW -- HOW ARE WE GOING TO
GET THESE OTHER FARMERS TO DO THIS? BECAUSE ONE ACRE IS NOT A LOT OF
PROPERTY. AND WHEN YOU -- WHEN YOU'RE TALKING ABOUT INVESTMENTS LIKE
THIS, WE NEED TO LET IT BE BIGGER. IF WE TRULY WANT TO GET THE STUFF TO
MARKET QUICKLY, THEN LET'S LET OUR FARMERS DO WHAT THEY DO BEST AND
GROW. LET'S -- LET'S NOT KEEP IT DOWN TO -- TO ONE ACRE. AND MAYBE
THAT'S THE CONVERSATION I NEED TO HAVE WITH THE -- WITH THE GROUP THAT
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CAME UP WITH THE 43,000.
MRS. PEOPLES-STOKES: IS THAT A QUESTION?
MR. MANKTELOW: I'M SORRY?
MRS. PEOPLES-STOKES: IS -- WAS THAT A
QUESTION?
MR. MANKTELOW: KIND OF, SORT OF, NOT REALLY.
HOW DOES THAT SOUND?
(LAUGHTER)
MRS. PEOPLES-STOKES: OKAY, WELL.
MR. MANKTELOW: IT STARTED AS ONE BUT IT KIND OF
WENT THE OTHER WAY.
MRS. PEOPLES-STOKES: DO YOU WANT TO GO ON
THE BILL, SIR?
(LAUGHTER)
MR. MANKTELOW: SO I -- I APOLOGIZE. I
APOLOGIZE FOR THAT. SOMETIMES MY MIND JUST GOES AND GOES. AND I'M A
FARMER AND I -- I LOVE GROWING --
MRS. PEOPLES-STOKES: WELL, EVEN THOUGH IT
WASN'T A QUESTION, I WILL SAY BUSINESS IS A RISK. AND EVERYBODY WHO
WENT INTO THE HEMP BUSINESS IS NOT ALREADY STILL IN. AND BY THE WAY,
EVERYBODY WHO WENT INTO THE RESTAURANT BUSINESS IS NOT IN EITHER. SO, I
MEAN, YOU TAKE A CHANCE AND GO IN AND SOME PEOPLE ARE SUCCESSFUL AND
OTHERS ARE NOT.
MR. MANKTELOW: ALL RIGHT. I -- I APPRECIATE
THOSE ANSWERS. AND AGAIN, JUST LIKE MY COLLEAGUE HAD ASKED ABOUT THE
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LIGHT BULBS AND WHO CAME UP WITH 20 OF THEM, I -- I WAS JUST
WONDERING WHERE THOSE NUMBERS CAME FROM, HOW THEY GOT TO 20 -- TO
20 LIGHT BULBS OR 20 FIXTURES.
MRS. PEOPLES-STOKES: THAT WAS A
RECOMMENDATION FROM THE HEMP GROWERS ASSOCIATION.
MR. MANKTELOW: OKAY. IN MY DISTRICT I HAVE A
-- A FIVE-ACRE GREENHOUSE THAT GROWS TOMATOES ALL THE TIME, AND 20 --
20 LIGHTS AREN'T GOING TO DO IT. IT WAS JUST A -- A CLARIFICATION.
SO, MADAM SPEAKER, I APPRECIATE YOU BRINGING THIS --
MRS. PEOPLES-STOKES: IS THIS THE GENT -- IS THIS
THE FARMER THAT'S NO LONGER IN HEMP BUSINESS?
MR. MANKTELOW: I'M SORRY?
MRS. PEOPLES-STOKES: IS THIS THE FARMER THAT'S
NO LONGER IN THE HEMP BUSINESS?
MR. MANKTELOW: OH, NO. HE'S A CORN FARMER
LIKE ME, SO --
MRS. PEOPLES-STOKES: OH, OKAY.
MR. MANKTELOW: BUT.
MRS. PEOPLES-STOKES: THIS -- THIS IS A
CONDITIONAL LICENSE FOR TWO YEARS.
MR. MANKTELOW: MM-HMM.
MRS. PEOPLES-STOKES: AND MOST PEOPLE
UNDERSTAND THAT NEW YORK IS THE LARGEST UNDERGROUND MARKET OF
MARIHUANA NOT JUST IN THE COUNTRY, BUT IN THE WORLD. AND SO IF YOU'RE
TALKING ABOUT A CONDITIONAL TWO-YEAR LICENSE THAT COULD MAYBE SET UP A
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100 OR SO DISPENSARIES, LOOK AT WHAT THE CAPACITY HAS LEFT THAT ARE --
THAT'S AN OPPORTUNITY FOR THE GUY WHO'S NOT -- NO LONGER IN BUSINESS, FOR
THOSE WHO MAY CHOOSE TO BE IN BUSINESS, INCLUDING SOME OF THE
FARMERS THAT YOU MENTIONED THAT YOU'D LIKE TO SEE ENGAGED. SO I THINK
THIS -- THIS IS NOT A BEGIN -- THE END OF OPPORTUNITIES FOR PEOPLE, THIS IS
THE BEGINNING OF OPPORTUNITIES FOR FOLKS. AND SO I HOPE WE WILL BEGIN
TO SEE IT AS WHAT IT IS, IS WE'RE STARTING SOMETHING THAT WE PASSED LAST
YEAR AROUND THIS TIME.
MR. MANKTELOW: OKAY. I -- I APPRECIATE YOU
TAKING THE TIME TO ANSWER MY QUESTIONS, MADAM FLOOR LEADER.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, SIR.
MR. MANKTELOW: THANK YOU, SIR. I JUST WANT TO
AGAIN REITERATE THAT MY CONCERN WITH THIS BILL IS IF WE'RE GOING TO -- IF
WE'RE GOING TO DO THIS, MUCH LIKE MY COLLEAGUE SAID JUST A LITTLE WHILE
AGO, IF -- IF WE'RE GOING TO LEAD AND WE'RE GOING TO DO IT RIGHT, LET'S DO IT
RIGHT. AND WE HAVE A LOT OF EXPERTS THAT WE TALK TO ALL THE TIME. BUT
WE HAVE A LOT OF FARMERS THAT ARE EXPERTS AS WELL. THEY KNOW HOW TO
GROW THINGS, THEY KNOW HOW TO HARVEST, THEY KNOW HOW TO MAKE
MONEY AND KNOW HOW TO MAKE THINGS WORK. LET'S RELY ON THEM TO DO
TO THE LEGWORK. LET'S RELY ON THEM TO COME UP WITH THE PROCESS AND
WAYS OF MAKING IT WORK, AND LET'S KEEP US OUT OF THEIR BUSINESS.
SO I -- I'M GOING TO PLAN ON MEETING WITH THIS GROUP,
MR. SPEAKER, WHO SET UP ALL THESE GUIDELINES. AND AGAIN, I JUST -- I'M
CONCERNED ABOUT THE COST IN THE SHORT-TERM -- THE LONG-TERM COST FOR A
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SHORT-TERM COMMITMENT OF TWO YEARS. SO, IF WE COULD CHANGE THAT AND
GET THAT PART OUT OF IT AND JUST LET OUR FARMERS BE FARMERS, I COULD
SUPPORT THIS. BUT UNTIL WE MAKE THAT CHANGE I CAN'T. BUT AGAIN, THANK
YOU FOR THE TIME, MR. SPEAKER. MADAM FLOOR LEADER, THANK YOU FOR
YOUR ANSWERS AS WELL. AND I -- I WILL BE VOTING NO.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU, SIR.
MS. WOERNER.
MS. WOERNER: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR YIELD FOR A FEW QUESTIONS?
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
WILL YOU YIELD?
MRS. PEOPLES-STOKES: YES, OF COURSE, MR.
SPEAKER.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MS. WOERNER: THANK YOU, MADAM MAJORITY
LEADER. SO, AM I CORRECT IN SAYING THAT THIS BILL ALLOWS HEMP FARMERS
WHO HAVE MADE AN INVESTMENT IN LEARNING HOW TO GROW A HEMP CROP TO
GIVE THEM ACCESS TO AN EARLY MARKET FOR CAN -- FOR ADULT USE CANNABIS IF
THEY SWITCH FROM A -- FROM GROWING THE HEMP VARIETAL TO THE CANNABIS
VARIETAL?
MRS. PEOPLES-STOKES: YES. YES, IT DOES.
MS. WOERNER: SO THAT WOULD TAKE THE RISK OUT OF
MAKING THAT SHIFT; IS THAT CORRECT?
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NYS ASSEMBLY FEBRUARY 16, 2022
MRS. PEOPLES-STOKES: YES.
MS. WOERNER: THANK YOU VERY MUCH. I WOULD
ASSUME THAT THAT WOULD BE A GREAT BENEFIT TO THOSE FARMERS.
MRS. PEOPLES-STOKES: I WOULD THINK IT WOULD
BE A BENEFIT TO THEM AS WELL.
MS. WOERNER: YES. SO I WANT -- I WANT TO DELVE
INTO THIS QUESTION OF LABOR PEACE AGREEMENTS. SO, THE ORIGINAL MRTA
LEGISLATION DEFINED LABOR PEACE AGREEMENT; IS THAT CORRECT?
MRS. PEOPLES-STOKES: YES. THE ORIGINAL
MARIHUANA BILL HAD AN AGREEMENT FOR A LABOR PEACE AGREEMENT IN IT
CONTAINED IN THE LAW.
MS. WOERNER: TERRIFIC. AND SO AM I CORRECT IN
READING THIS THAT IT MEANS AN AGREEMENT BETWEEN AN ENTITY AND A LABOR
ORGANIZATION THAT AT A MINIMUM PROTECTS THE STATE'S PROPRIETARY
INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND ITS MEMBERS FROM
ENGAGING IN PICKETING, WORK STOPPAGE, BOYCOTTS AND ANY OTHER
ECONOMIC INTERFERENCE WITH THE ENTITY -- AND BY ENTITY THEY MEAN THE
FARM; IS THAT CORRECT?
MRS. PEOPLES-STOKES: THAT'S RIGHT. THAT'S
RIGHT.
MS. WOERNER: GREAT. AND -- AND SO I JUST WANT TO
DISTINGUISH THAT WITH -- WITH PROJECT LABOR AGREEMENTS WHICH ARE
DEFINED IN LABOR LAW. IT'S BECAUSE THEY'RE DIFFERENT. YES?
MRS. PEOPLES-STOKES: YES, THEY ARE DIFFERENT.
MS. WOERNER: OKAY. SO, PROJECT LABOR
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NYS ASSEMBLY FEBRUARY 16, 2022
AGREEMENTS, IF YOU'LL -- IF YOU DON'T MIND, ARE DEFINED AS PRE-HIRE
COLLECTIVE BARGAINING AGREEMENT BETWEEN A CONTRACTOR AND A BONA FIDE
BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION ESTABLISHING THE
LABOR ORGANIZATION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL
PERSONS WHO WILL PERFORM WORK ON A PUBLIC WORK PROJECT AND WHICH
PROVIDES THE -- THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN THIS
AGREEMENT WITH THE LABOR ORGANIZATION CAN PERFORM SUCH WORK. ARE
THESE -- ARE THESE MARIHUANA FARMS DEFINED AS PROJECT -- AS PUBLIC WORK
PROJECTS?
MRS. PEOPLES-STOKES: THEY ARE NOT.
MS. WOERNER: AND -- AND DO WE ANTICIPATE THAT
BUILDING AND CONSTRUCTION TRADE WORKERS ARE GOING TO BE STAFFING THESE
FARMS?
MRS. PEOPLES-STOKES: I DO NOT.
MS. WOERNER: SO, WOULD IT BE FAIR TO SAY THAT
PROJECT LABOR AGREEMENTS ARE NOT WHAT IS INTENDED IN YOUR -- IN THIS
CURRENT LEGISLATION WHEN WE'VE --
MRS. PEOPLES-STOKES: THEY ABSOLUTELY --
MS. WOERNER: -- PROJECT LABOR -- OR LABOR PEACE
AGREEMENTS?
MRS. PEOPLES-STOKES: THEY ABSOLUTELY ARE NOT.
PROJECT LABOR AGREEMENTS HAVE NO ROLE HERE.
MS. WOERNER: THANK YOU VERY MUCH. I
APPRECIATE THAT.
MR. SPEAKER, ON THE BILL.
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NYS ASSEMBLY FEBRUARY 16, 2022
ACTING SPEAKER AUBRY: ON THE BILL, MS.
WOERNER.
MS. WOERNER: SO I HAD THE GREAT PLEASURE OF
MEETING WITH SEVERAL OF MY LICENSED HEMP FARMERS IN SARATOGA AND
WASHINGTON COUNTIES OVER THE LAST FEW WEEKS WHEN WORD GOT OUT LONG
BEFORE I EVEN KNEW THIS BILL WAS UNDER CONSIDERATION THAT THEY WANTED
TO MAKE SURE I WAS WATCHING IT AND THAT I KNEW HOW IMPORTANT THIS
PIECE OF LEGISLATION WAS TO SUSTAINING THEIR BUSINESSES. THE CBD
MARKET, WHICH IS WHAT MOST OF THE LICENSED HEMP PROVIDERS ARE --
PRODUCERS ARE IN, IS, FRANKLY, A WAITING MARKET. IT'S GOTTEN WAY TOO
CROWDED AND FEWER AND FEWER HEMP GROWERS CAN ACTUALLY SUSTAIN THEIR
BUSINESS BY GROWING HEMP. SO FOR THEM, THE ABILITY TO ACCESS AN EARLY
MARKET FOR ADULT USE CANNABIS IS THE LIFELINE THAT THEY NEED.
SO I WANT TO COMMEND THE SPONSOR ON THIS LEGISLATION,
TO THANK HER ON BEHALF OF ALL OF THE LICENSED HEMP GROWERS WHO ARE
INTERESTED IN SHIFTING THEIR BUSINESS TO GROWING ADULT-USE CANNABIS AND
WHO VALUE GETTING INTO THE MARKET EARLY AS A WAY TO MINIMIZE THE RISK
ASSOCIATED WITH THEIR BUSINESS. I WILL BE VOTING YES ON THIS BILL AND I
ENCOURAGE ALL OF MY COLLEAGUES TO DO THE SAME.
THANK YOU.
ACTING SPEAKER AUBRY: THANK YOU, MS.
WOERNER.
MR. SMULLEN.
MR. SMULLEN: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD FOR JUST A COUPLE OF BRIEF QUESTIONS?
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NYS ASSEMBLY FEBRUARY 16, 2022
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
WILL YOU YIELD?
MRS. PEOPLES-STOKES: YES, I WILL, MR. SPEAKER.
MR. SMULLEN: THANK -- THANK YOU VERY MUCH,
MADAM MAJORITY LEADER.
MRS. PEOPLES-STOKES: YOU'RE WELCOME, SIR.
MR. SMULLEN: I -- I APPRECIATE YOUR ANSWERING
QUESTIONS HERE. I JUST WANTED TO GO BACK TO TWO POINTS. CURRENTLY, THE
HEMP MARKET IS REGULATED BY THE DEPARTMENT OF AG AND MARKETS.
MRS. PEOPLES-STOKES: YES, SIR.
MR. SMULLEN: AND THAT'S -- THAT'S ONE
COMMISSIONER.
MRS. PEOPLES-STOKES: WELL, JUST A POINT OF
CLARIFICATION. UNDER THE MARIHUANA TAX AND REGULATION ACT, THE
AGRICULTURE DEPARTMENT THAT DEALS WITH HEMP IS SHIFTED OVER TO THE
OFFICE OF CANNABIS MANAGEMENT, AS WILL THE MEDICAL OPERATION UNDER
THE HEALTH DEPARTMENT WILL SHIFT TO THE OFFICE OF CANNABIS
MANAGEMENT AS WELL.
MR. SMULLEN: AND THANK YOU FOR ANTICIPATING THE
SECOND HALF OF MY QUESTION. THE MEDICAL MARIHUANA INDUSTRY IN NEW
YORK CURRENTLY REGULATED BY THE DEPARTMENT OF HEALTH WILL ALSO SHIFT TO
THE OFFICE OF CANNABIS MANAGEMENT.
MRS. PEOPLES-STOKES: YES, SIR, THAT'S RIGHT.
MR. SMULLEN: AND THAT'S THE -- THAT'S THE
MIGRATORY SCHEME THAT WE HAVE OF TWO DEPARTMENTS WITH TWO VERY
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NYS ASSEMBLY FEBRUARY 16, 2022
DISTINCT MISSIONS; ONE IS PUBLIC HEALTH AND ONE IS REGULATING THE -- THE
FOOD OR THE AGRICULTURE INDUSTRY IN NEW YORK. THEY HAVE DIFFERENT
FOCUSES AND DIFFERENT -- WE'RE GOING TO MERGE THEM IN THE OFFICE OF
CANNABIS MANAGEMENT IN THIS LIST?
MRS. PEOPLES-STOKES: YES.
MR. SMULLEN: WHICH -- RIGHT NOW, IS THE OFFICE
OF CANNABIS MANAGEMENT, IS ITS BOARD FULLY FILLED BY ALL OF THE
APPOINTEES?
MRS. PEOPLES-STOKES: ALL FIVE BOARD MEMBERS
HAVE BEEN APPOINTED, YES.
MR. SMULLEN: SO, THEY WERE RECENTLY APPOINTED
BUT THEY ARE UP AND RUNNING AS A BOARD AT THIS POINT.
MRS. PEOPLES-STOKES: THEY ARE UP AND RUNNING
AS A BOARD. IN FACT, THERE IS A WEBSITE. I WILL GRAB THEIR WEBSITE FOR YOU
AND REPEAT IT MOMENTARILY. BUT THEY HAVE REGULAR MEETINGS WHICH CAN
BE VIEWED. THEY'RE PUBLIC MEETINGS, AND MUCH LIKE OURS THEY HAVE TO
BE TRANSPARENT.
MR. SMULLEN: NOW -- AND -- AND I APPRECIATE THAT.
THEIR ABILITY TO DO WORK RIGHT NOW, I JUST LOOKED ON THEIR -- ON THEIR
WEBSITE AND THEY HAVE 34 OPENINGS FOR STATE EMPLOYEES AND THEY HAVE
24 OPENINGS WITH MULTIPLE LISTINGS UNDER EACH OF THOSE. IT DOESN'T LOOK
TO ME LIKE THEY'RE FULLY STAFFED. IS THAT A FAIR GENERALITY?
MRS. PEOPLES-STOKES: THEY ARE NOT FULLY
STAFFED. THEY'RE ANTICIPATED TO HAVE OFFICES BOTH IN THE CITY OF NEW
YORK AS WELL AS IN THE CITY OF BUFFALO. THEY HAVEN'T EVEN IDENTIFIED
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NYS ASSEMBLY FEBRUARY 16, 2022
LOCATIONS FOR THEM YET.
MR. SMULLEN: AND THEY'LL BE A STATEWIDE
REGULATORY AGENCY --
MRS. PEOPLES-STOKES: YES.
MR. SMULLEN: -- ONCE THEY'RE UP AND RUNNING.
AND THAT'S ACTUALLY ONE OF THE CONCERNS THAT I HAVE IS WHILE WE'RE
CAUGHT RIGHT NOW IN THE TRANSITION PERIOD THAT WE'RE IN BETWEEN THE
MRTA, THE MARIHUANA REGULATION AND TAXATION ACT, AND THIS -- THIS
ACT TODAY WHICH IS GOING TO, I WOULD CHARACTERIZE IT AS JUMP-STARTING
THE -- THE MARIHUANA INDUSTRY IN NEW YORK. IS THAT A FAIR -- FAIR
STATEMENT?
MRS. PEOPLES-STOKES: WELL, I GUESS YOU CAN
CALL IT THAT IF YOU LIKE, SIR.
MR. SMULLEN: OKAY. AND THE REASON I SAY THAT IS
BECAUSE THE OFFICE OF CANNIBIS MANAGEMENT IS NOT FULLY STAFFED AT THIS
POINT AND THEY HAVE -- HAVE RECENTLY MISSED SEVERAL OF THEIR GATES FOR
THEIR REGULATORY REQUIREMENTS BECAUSE OF THE PASSAGE OF THE BILL AND THE
COVID PANDEMIC AND WHATNOT. YOU KNOW, I THINK THEY'RE A LITTLE BIT
BEHIND THE POWER CURVE.
ONE QUESTION I WANTED TO FOLLOW UP IS, WE -- WE SAID
THAT THERE'S MAYBE A COUPLE OF HUNDRED HEMP GROWERS OUT THERE. HAS
THAT CHANGED? I -- I WENT TO THE DEPARTMENT OF AG AND MARKETS.
THERE'S -- THERE'S 66 LICENSEES THAT I WAS ABLE TO FIND OFF OF THEIR
WEBSITE, 61 OF WHICH ARE CBD, WHICH MY COLLEAGUE MENTIONED IS A --
IS A OVER-SUBSCRIBED INDUSTRY AT THIS POINT, TWO OF WHICH ARE FOR
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NYS ASSEMBLY FEBRUARY 16, 2022
RECREATIONAL GROWING AND THREE OF WHICH ARE RESEARCH PURPOSES. ONE
OF MY OTHER COLLEAGUES HAD QUESTIONED BECAUSE OF THE VARIOUS
REQUIREMENTS UNDER THIS ACT, HOW MANY OF THOSE WOULD ACTUALLY BE
ELIGIBLE TO -- TO APPLY FOR THIS CONDITIONAL LICENSURE?
MRS. PEOPLES-STOKES: ALL OF THEM THAT FIT THE
REQUIREMENTS THAT ARE LISTED IN THIS PIECE OF LEGISLATION WILL BE QUALIFIED
TO APPLY.
MR. SMULLEN: OKAY. AND HOW MANY MEDICAL
MARIHUANA GROWERS ARE THERE IN THE STATE OF NEW YORK?
MRS. PEOPLES-STOKES: TEN.
MR. SMULLEN: TEN. RIGHT. SO, TEN OF THEM, ONE
OF THEM WHICH HAPPENS TO BE IN MY DISTRICT. SO I'M ACTUALLY --
MRS. PEOPLES-STOKES: THEY'RE NOT INCLUDED IN
THIS BECAUSE THEY DON'T GROW HEMP.
MR. SMULLEN: I'M SORRY?
MRS. PEOPLES-STOKES: THE REGISTERED
ORGANIZATIONS THAT GROW MEDICAL MARIHUANA WOULD NOT BE INCLUDED IN
THIS LEGISLATION BECAUSE THEY DO NOT GROW HEMP.
MR. SMULLEN: AND WHY NOT?
MRS. PEOPLES-STOKES: THEY DON'T GROW HEMP.
MR. SMULLEN: WELL, SO WE'RE PICKING A WINNER
AND A LOSER. WE'RE PICKING ONE AREA OF INDUSTRY TO GROW THIS
RECREATIONAL WHEN ANOTHER AREA WOULD BE JUST AS QUALIFIED?
MRS. PEOPLES-STOKES: SO, IT WOULD BE PERFECT IF
WE COULD PICK EVERYBODY ALL AT THE SAME TIME. AS A MATTER OF FACT,
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NYS ASSEMBLY FEBRUARY 16, 2022
THERE ARE A NUMBER OF COMPANIES FROM CALIFORNIA THAT WOULD LIKE TO BE
CHOSEN RIGHT NOW AS WELL. BUT THE OFFICE OF CANNABIS MANAGEMENT
HAS MADE A QUICK RECOMMENDATION TO START WITH OUR EXISTING LICENSED
HEMP FARMERS, AND I AGREE WITH THAT AND I THINK WE SHOULD MOVE
FORWARD WITH THIS LEGISLATION.
MR. SMULLEN: WOULDN'T -- IN THE INTERIM WOULDN'T
WE WANT TO PICK MAYBE EVEN AN OUT-OF-STATE VENDOR THAT HAS THE HIGH
STANDARDS THAT ARE CERTIFIABLE AS OPPOSED TO TRYING TO ON THE FLY CREATE
GROWERS?
MRS. PEOPLES-STOKES: WE -- SIR, I HEAR YOUR
POSITION AND IT'S NOT A POSITION THAT I WOULD NECESSARILY AGREE WITH
EXCEPT IN THIS INSTANCE WE'RE FOCUSED ON LICENSED HEMP GROWERS WHO
ARE NEW YORKERS. YOU MIGHT KNOW THEM. MOST OF THE PEOPLE WHO
OWN -- OWN THE REGISTERED ORGANIZATIONS IN OUR STATE ARE NOT NEW
YORKERS. THEY'RE MEGA FARMS FROM ACROSS THE COUNTRY AND ACROSS THE
WORLD. AND SO, WE THOUGHT IT SMART TO FOCUS ON NEW YORKERS FIRST.
MR. SMULLEN: WELL, THANK YOU VERY MUCH,
MADAM MAJORITY LEADER.
MR. SPEAKER, ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
SMULLEN.
MR. SMULLEN: MY-- MY CONCERN WITH THIS BILL THAT
CAME UP VERY QUICKLY IS THAT WE ARE RUSHING TO FAILURE IN NEW YORK
STATE TO GROW THIS INDUSTRY. I THINK IT'S VERY IMPORTANT THAT WE HAVE
VERY HIGH STANDARDS FOR THE ACTUAL INGREDIENTS THAT GO INTO THESE DRUGS
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NYS ASSEMBLY FEBRUARY 16, 2022
THAT WE'RE GOING TO BE SELLING TO OUR CITIZENS. AND BECAUSE OF THAT, I --
I THINK THAT THERE ARE CERTAIN GATES THAT WE SHOULD MAKE, INCLUDING
HAVING THE REGULATORY STRUCTURE COMPLETELY SET UP BEFORE WE PERMIT
AND LICENSE PEOPLE THAT HAVE BEEN DOING IT IN ANOTHER INDUSTRY WHEN
WE ALREADY HAVE SOME PEOPLE IN ANOTHER PART OF THE INDUSTRY IN NEW
YORK THAT GROW VERY HIGH STANDARD PRODUCTS. AND -- AND THAT -- THAT
CONCERN GOES TO WHAT I THINK ARE ONE OF THE BIG THINGS THAT WE OUGHT TO
KEEP OUR EYE ON GOING FORWARD, WHICH IS THE MEDICAL EFFECTS OF
MARIHUANA USAGE ON OUR CITIZENS, WHETHER IT'S ADULTS, WHETHER IT'S
YOUNG PEOPLE OR -- OR YOUTH AND -- AND THEIR DEVELOPMENT AND HOW THIS
IS ACTUALLY GOING TO AFFECT THEM GOING FORWARD. I SAY WE SHOULD BE
VERY CAUTIOUS IN HOW WE SET UP THIS INDUSTRY. DO NOT DO IT ON THE FLY.
DO NOT DO IT WITHOUT DUE DILIGENCE AND HAVING OUR STRUCTURE IN PLACE
AND HAVING ALL OF THE -- ALL OF THE REGULATORY FRAMEWORK SET UP.
AND FOR THAT REASON I'M -- I'M CERTAINLY NOT GOING TO
VOTE IN FAVOR OF THIS BILL AND URGE ALL OF MY FELLOW LEGISLATORS WHO --
WHO LOOK AT THIS FROM A -- A CAUTIONARY VIEWPOINT TO DO THE SAME.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MR.
SMULLEN.
MR. GOODELL.
MR. GOODELL: THANK YOU, MR. SPEAKER. WOULD
THE MAJORITY LEADER YIELD?
ACTING SPEAKER AUBRY: MRS. PEOPLES-STOKES,
WILL YOU YIELD?
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NYS ASSEMBLY FEBRUARY 16, 2022
MRS. PEOPLES-STOKES: FOR MR. GOODELL,
ABSOLUTELY.
ACTING SPEAKER AUBRY: MR. -- MR. GOODELL,
THE SPONSOR YIELDS.
MR. GOODELL: THANKS VERY MUCH, CRYSTAL. OF
COURSE I COULD JUST LEAN ACROSS THE AISLE AND ASK YOU THESE QUESTIONS,
BUT --
MRS. PEOPLES-STOKES: YOU COULD HAVE.
MR. GOODELL: IT SEEMED THAT MY COLLEAGUES
WOULD BE --
MRS. PEOPLES-STOKES: WE CAN ALWAYS TALK.
MR. GOODELL: YEAH. IT SEEMED LIKE MY
COLLEAGUES WERE BUSY AND SO I GAVE YOU THAT BREAK. A LOT OF TALK TODAY
ABOUT THE LABOR PEACE AGREEMENT.
MRS. PEOPLES-STOKES: OKAY.
MR. GOODELL: AND AM I CORRECT TO ASSUME THAT IF
A GROWER, AN EXISTING INDUSTRIAL HEMP GROWER, ALREADY IS UNIONIZED,
ALREADY HAS A COLLECTIVE BARGAINING AGREEMENT, THAT THIS PROVISION --
THAT THAT COLLECTIVE BARGAINING AGREEMENT WOULD MEET THE PROVISIONS IN
THIS LAW?
MRS. PEOPLES-STOKES: THIS IS A LABOR PEACE
AGREEMENT THAT WAS INCLUDED IN THE ORIGINAL MARIHUANA TAX AND
REGULATION ACT, AND IT JUST SUGGESTS THAT WHETHER YOU ARE UNIONIZED
NOW OR YOUR EMPLOYEES DECIDE TO ORGANIZE LATER, YOU CAN'T DO THINGS TO
PREVENT THAT.
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NYS ASSEMBLY FEBRUARY 16, 2022
MR. GOODELL: SO, WOULD YOU ENVISION THAT IF
YOU'RE ALREADY A UNIONIZED INDUSTRIAL HEMP GROWER THAT YOU WOULD
HAVE TO ENTER INTO A SECOND AGREEMENT, A NEW AGREEMENT, TO MEET THIS
LAW, OR WOULD YOUR EXISTING COLLECTIVE BARGAINING AGREEMENT SUFFICE?
MRS. PEOPLES-STOKES: I ACTUALLY DON'T THINK
YOU WOULD HAVE TO HAVE A NEW AGREEMENT. IF YOU GET SELECTED TO BE A
CONDITIONAL ADULT USE GROWER UNDER THIS LEGISLATION, YOU HAVE TO ADHERE
TO THIS. SO THERE'S -- THERE'S NOTHING NEW THERE, EVEN IF YOU ALREADY
HAVE ORGANIZED LABOR ON YOUR SIDE.
MR. GOODELL: AND ON THE SAME COROLLARY
QUESTION, AM I CORRECT THAT IF THERE WAS A UNION THAT ATTEMPTED WITHIN
THE LAST SIX MONTHS TO UNIONIZE AND THE EMPLOYEES VOTED DOWN THAT
ATTEMPT, THAT THE EMPLOYER WOULD STILL HAVE TO ENTER INTO A LABOR PEACE
AGREEMENT EVEN WITH A UNION EVEN THOUGH ALL THE EMPLOYEES WITHIN THE
LAST SIX MONTHS HAD VOTED IT DOWN?
MRS. PEOPLES-STOKES: YES. SO THEY CAN VOTE IT
DOWN AGAIN IF THEY LIKE, BUT THE EMPLOYER CAN'T INTERFERE.
MR. GOODELL: ARE -- ARE YOU AWARE OF ANY OTHER
EXAMPLES IN NEW YORK STATE WHERE AN EMPLOYER MUST HAVE A CONTRACT
WITH A UNION AFTER THAT UNION HAS BEEN REJECTED BY THE EMPLOYEES?
MRS. PEOPLES-STOKES: THAT'S NOT WHAT THIS
SAYS.
MR. GOODELL: WELL, YOU HAVE TO HAVE A LABOR
AGREEMENT UNDER THIS --
MRS. PEOPLES-STOKES: NOT -- NOT A LABOR
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AGREEMENT --
MR. GOODELL: WELL, YOU HAVE TO HAVE A LABOR
PEACE AGREEMENT -- -
MRS. PEOPLES-STOKES: PEACE AGREEMENT, YES.
MR. GOODELL: SO, TO BE MORE PRECISE, DO YOU
HAVE ANY OTHER EXAMPLES IN THE STATE OF NEW YORK WHERE AN EMPLOYER
MUST HAVE A LABOR PEACE AGREEMENT WITH A UNION THAT HAS BEEN REJECTED
BY THE EMPLOYEES IN ORDER TO DO BUSINESS IN THE STATE OF NEW YORK?
DO YOU HAVE ANY OTHER EXAMPLES OF THAT?
MRS. PEOPLES-STOKES: I DON'T HAVE ANY OTHER
EXAMPLES OF THAT, SIR.
MR. GOODELL: OKAY.
MRS. PEOPLES-STOKES: DO YOU HAVE ANY?
MR. GOODELL: NO. I'VE NEVER HEARD OF IT BEFORE.
THIS IS THE FIRST TIME I'VE EVER SEEN SOMETHING LIKE THAT.
WE HAVE OTHER SITUATIONS WHERE BY LAW WE GRANT A
MONOPOLY. UTILITIES ARE A PRIME EXAMPLE. BUT WHEN WE GRANT A
MONOPOLY WE ALSO HAVE REGULATORY OVERSIGHT LIKE THE PUBLIC SERVICE
COMMISSION. AND THAT PUBLIC SERVICE COMMISSION MAKES SURE THAT
THE TERMS AND CONDITIONS AND THE RATES AND EVERYTHING ELSE OF THAT
STATUTORY MONOPOLY ARE FAIR AND REASONABLE. IS THERE ANY PROVISIONS IN
THIS BILL OR ELSEWHERE THAT WOULD REQUIRE THE UNION - AND THERE'D LIKELY
ONLY BE ONE - THAT IS NOW GRANTED A MONOPOLY TO DECIDE WHETHER THE
PRIVATE COMPANY CAN BE IN BUSINESS OR NOT IN THIS AREA? IS THERE ANY
OVERSIGHT TO ENSURE THAT THE NEGOTIATIONS ARE FAIR AND REASONABLE?
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MRS. PEOPLES-STOKES: THE NEGOTIATIONS
BETWEEN THE EMPLOYEES AND THE OWNER OF THE HEMP FARM?
MR. GOODELL: NO. THE NEGOTIATIONS BETWEEN THE
EMPLOYER AND A LABOR ORGANIZATION THAT HAD ATTEMPTED TO REPRESENT THE
EMPLOYEES IN THE PAST.
MRS. PEOPLES-STOKES: THE EMPLOYER DOESN'T
HAVE A RESPONSIBILITY TO TALK TO A LABOR ORGANIZATION BECAUSE THIS
AGREEMENT DOESN'T REQUIRE THAT HE DOES SO. THIS AGREEMENT JUST
REQUIRES THAT HE DOESN'T PROHIBIT HIS EMPLOYEES FROM EVER DECIDING TO
ORGANIZE FOR THE PURPOSES OF BEING IN THE COLLECTIVE --
MR. GOODELL: BUT -- BUT TO BE CLEAR, THE EMPLOYER
CANNOT GET A LICENSE TO GO INTO THIS BUSINESS UNLESS HE HAS A LABOR
PEACE AGREEMENT WITH A UNION, AND THAT MEANS THAT PARTICULAR UNION
HAS A STATUTORY MONOPOLY. IS THERE ANY OVERSIGHT BY ANY THIRD PARTY OR
THE STATE ITSELF TO MAKE SURE THAT THOSE NEGOTIATIONS ARE FAIR AND
REASONABLE?
MRS. PEOPLES-STOKES: WELL, I -- I THINK, YOU
KNOW, WHAT -- HOWEVER LABOR UNIONS ARE PROVIDED OVERSIGHT WILL COME
THROUGH THE SAME METHOD THAT THEY DO NOW, THROUGH THE DEPARTMENT OF
LABOR AS WELL AS THROUGH THE ORGANIZATION LIKE THE OFFICE OF CANNABIS
MANAGEMENT IN WHICH THEY'RE ORGANIZING.
MR. GOODELL: NOW, WE'VE MENTIONED A GREAT DEAL
ABOUT HOW THE ONLY ONES THAT WOULD BE ELIGIBLE FOR THIS CONDITIONAL
LICENSE ARE THOSE WHO ARE ALREADY ENGAGED IN GROWING INDUSTRIAL HEMP.
AND THE STATUTE THAT AUTHORIZED INDUSTRIAL HEMP GROWTH WHICH WE
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ADOPTED BACK IN 2019 REQUIRED THAT THE GROWER BE A PERSON OF GOOD
CHARACTER, AND EXPRESSLY AUTHORIZED A CRIMINAL BACKGROUND CHECK.
AND IT WAS CLEAR FROM THE ORIGINAL LEGISLATION AS IT RELATED TO INDUSTRIAL
HEMP THAT IF YOU HAD A CRIMINAL BACKGROUND THAT WOULD AFFECT YOUR
GOOD CHARACTER, YOU WOULD BE INELIGIBLE FOR AN INDUSTRIAL LICENSE. BUT I
NOTE IN THIS DRAFT, ONE OF THE REQUIREMENTS IS THAT THE INDUSTRIAL HEMP
GROWER, IN ORDER TO GET A LICENSE, HAD TO HAVE A SOCIAL EQUITY PROGRAM
THAT FOCUSED ON INDIVIDUALS WHO WERE, QUOTE, "SOCIAL EQUITY
APPLICANTS" WHO ARE DEFINED IN EARLIER LEGISLATION AS, AMONG OTHER
THINGS, HAVING A PRIORITY IF THEY'VE BEEN PREVIOUSLY CONVICTED OF A
MARIHUANA-RELATED OFFENSE. SO MY QUESTION IS --
MRS. PEOPLES-STOKES: THAT'S NOT THE MAIN
THEME OF SOCIAL EQUITY, BY THE WAY. THERE ARE A LOT OF PEOPLE WHO
COULD FIT SOCIAL EQUITY THAT'S NEVER BEEN CONVICTED. I WOULD -- LET'S
DON'T PUT THEM ALL IN THE SAME --
MR. GOODELL: WELL, LOOKING AT SECTION 87 OF THE
ORIGINAL MARIHUANA LAW, SUBPARAGRAPH 3 SAID, THE SOCIAL EQUITY PLAN
SHALL REQUIRE CONSIDERATION OF ADDITIONAL CRITERIA AND EXTRA PRIORITY
SHALL BE GIVEN TO APPLICATIONS THAT DEMONSTRATE THAT THE APPLICANT IS A
MEMBER OF A COMMUNITY DISPROPORTIONATELY IMPACT, HAS A LOWER
INCOME AND, C, WAS CONVICTED OF A MARIHUANA-RELATED OFFENSE. AND SO
MY QUESTION IS, IF THE ORIGINAL MARIHUANA LEGISLATION THAT WE PASSED
LAST YEAR REQUIRES AS A DEFINITION OR -- I SHOULDN'T SAY REQUIRES, GIVES
SPECIAL PRIORITY --
MRS. PEOPLES-STOKES: THANK YOU FOR SAYING IT
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SHOULDN'T SAY IT --
MR. GOODELL: YEAH.
MRS. PEOPLES-STOKES: THANK YOU.
MR. GOODELL: BUT GIVES SPECIAL PRIORITY TO
INDIVIDUALS WHO HAVE BEEN PREVIOUSLY CONVICTED OF A MARIHUANA
OFFENSE, DOES THAT THEN CREATE -- HOW IS A -- A HEMP GROWER WHO IS
REQUIRED TO MAINTAIN GOOD CHARACTER AND IS SUBJECT TO CRIMINAL
INVESTIGATIONS, HOW ARE THEY SUPPOSED TO COMPLY WITH A SOCIAL EQUITY
PROGRAM IF THERE'S A PRIORITY FOR PEOPLE WHO'VE BEEN ARRESTED FOR
VIOLATING THE MARIHUANA LAWS?
MRS. PEOPLES-STOKES: I MEAN, I DON'T KNOW --
I'M NOT SURE WHY YOU'RE SUGGESTING THAT THEY'RE REQUIRED TO GIVE
ANYTHING TO A PERSON THAT'S BEEN ARRESTED FOR MARIHUANA. AND BY THE
WAY, YOU KNOW, I LIVE IN AN IMPACTED COMMUNITY. I'VE NEVER BEEN
ARRESTED, I COULD BE A SOCIAL EQUITY PERSON, OKAY? THERE ARE MANY
PEOPLE WHO LIVE IN COMMUNITIES THAT HAVE BEEN IMPACTED BY THE WAR
ON DRUGS THAT HAVE NEVER BEEN ARRESTED. SO, TO PUT THOSE TWO THINGS
TOGETHER AS IF THEY HAVE TO -- ONE HAS TO BE BOTH, IS NOT CORRECT. AS A
MATTER OF FACT, THERE ARE MWBE BUSINESSES THAT ARE LISTED UNDER SOCIAL
EQUITY AND A LOT OF THESE PEOPLE HAVE NEVER BEEN ARRESTED FOR ANYTHING
EITHER. SO, I THINK IT'S A LITTLE DISINGENUOUS TO ASSUME THAT SOCIAL EQUITY
MEANS YOU MUST HAVE BEEN ARRESTED.
MR. GOODELL: I -- I WAS JUST QUOTING THE STATUTE,
THAT'S ALL. BUT AGAIN, MAJORITY LEADER, THANK YOU VERY MUCH AND THANK
YOU FOR YOUR PATIENCE --
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MRS. PEOPLES-STOKES: YOU'RE VERY WELCOME.
MR. GOODELL: -- IN ANSWERING QUESTIONS ALL
MORNING AND PART OF THE AFTERNOON.
MRS. PEOPLES-STOKES: IT'S MY PLEASURE.
MR. GOODELL: ON THE BILL.
ACTING SPEAKER AUBRY: ON THE BILL, MR.
GOODELL.
MR. GOODELL: THANK YOU, SIR. WE SHOULD BE
CLEAR RIGHT UP FRONT THAT THIS LEGISLATION IS NOT DESIGNED OR INTENDED IN
ANY WAY TO HELP ANY OF OUR TRADITIONAL FARMERS. FIRST, THIS BILL IS REALLY
CLEAR THAT THE ONLY WAY YOU CAN GET A CONDITIONAL LICENSE IS IF YOU FARM
LESS THAN 43,500-SOME ACRES [SIC]. WHICH IS ONE ACRE. NOW, MOST REAL
FARMERS -- WHEN I SAY REAL FARMERS, I SHOULD SAY MOST COMMERCIAL
FARMERS WOULD TELL YOU THAT A ONE-ACRE PLOT IS LIKE A VEGETABLE GARDEN.
IN MY DISTRICT THAT'S A VEGETABLE GARDEN. IT'S NOT A FARM. IF YOU'RE
CULTIVATING ONE ACRE YOU CAN USE A HAND-HELD ROTOTILLER. YOU DON'T
NEED A TRACTOR OR A TILLER OR ANYTHING ELSE. AND SO, ANYONE WHO HAS ANY
CONCEPTION THAT THIS IS GOING TO HELP OUT OUR FAMILY FARMS IS SADLY
MISTAKEN. IT'S LIMITED TO ONE ACRE. BUT EVEN THERE, THIS BILL HAS
SOMETHING THAT I HAVE NEVER SEEN ANYWHERE ELSE IN THE STATE OF NEW
YORK. THIS BILL REQUIRES THAT AS A CONDITION OF GETTING A LICENSE FROM
THE STATE OF NEW YORK FOR A PRIVATE COMPANY TO GO INTO BUSINESS, THEY
HAVE TO HAVE AN AGREEMENT WITH A UNION. MUST HAVE AN AGREEMENT
WITH A UNION. AND IT'S NOT A COLLECTIVE BARGAINING UNION -- UNION THAT
REPRESENTS THEIR EMPLOYEES, BECAUSE THIS LANGUAGE IS VERY CLEAR. YOU
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HAVE TO HAVE AN AGREEMENT WITH EITHER THE UNION THAT REPRESENTS YOUR
EMPLOYEES OR A UNION THAT WAS ATTEMPTING TO REPRESENT YOUR
EMPLOYEES. WHICH MEANS THAT A UNION COULD HAVE COME AND TRIED TO
UNIONIZE YOUR EMPLOYEES, YOUR EMPLOYEES COULD TURN DOWN THAT
UNIONIZATION EFFORT UNANIMOUSLY, AND THIS BILL SAYS TO THE EMPLOYER,
YOU STILL MUST HAVE AN AGREEMENT WITH THAT UNION OR WE WILL NOT LET
YOU GO INTO PRIVATE SECTOR BUSINESS IN THIS AREA. LAWYERS SOMETIMES
TALK ABOUT CONTRACTS OF ADHESION. AN EX-CONTRACT WITH A NEGOTIATING
PARTY IS NOT ON A FAIR AND LEVEL PLAYING FIELD WHERE THEY MUST SIGN A
CONTRACT. AND THIS CREATES EXACTLY THAT SITUATION. BECAUSE IF YOU'RE A
PRIVATE-SECTOR EMPLOYER AND YOU ARE NOT UNIONIZED AND YOUR
EMPLOYEES DO NOT WANT TO BE UNIONIZED, YOU CANNOT GO INTO THIS
BUSINESS AND YOU CANNOT GET A CONDITIONAL LICENSE UNLESS YOU NEGOTIATE
AN AGREEMENT WITH A UNION. NOW, IMAGINE YOU'RE THE GROWER AND I
REPRESENT THE UNION. AND SO WHEN WE SIT DOWN MY FIRST QUESTION TO
YOU WOULD BE, DO YOU WANT TO BE IN BUSINESS? AND IF YOU DO, MY NEXT
QUESTION IS, LET'S TALK MONEY. BECAUSE UNLESS YOU REACH AN AGREEMENT
WITH ME, YOU'RE NOT IN BUSINESS. IT'S A MONOPOLY. AND THE UNION UNDER
THIS MONOPOLY HOLDS EVERY SINGLE CARD. DID I TELL YOU I WANTED 25
PERCENT OF YOUR PROFIT IN ORDER TO GIVE YOU THAT LICENSE? AH, I WAS
MISTAKEN. I MEANT 50 PERCENT. DID I SAY 50? MAYBE IT SHOULD BE 75.
THERE'S NO RESTRICTION WHATSOEVER. THEY ARE THE GATEKEEPERS AND THEY
AND ONLY THE UNION, INCLUDING UNIONS THAT HAVE BEEN REJECTED BY THE
EMPLOYEES WHO HAVE THE KEY.
AS NOTED BY MY COLLEAGUES, DO WE HAVE ANY
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REGULATIONS ABOUT WHAT KIND OF MARIHUANA PLANTS CAN BE PLANTED, WHAT
THE POTENCY IS? ANSWER. NO. DO WE HAVE ANY REGULATIONS ON HOW THE
DISPENSARIES ARE TO BE OPERATED ONCE THIS CROP IS HARVESTED? ANSWER.
NO. ARE WE ALLOWING NEW PEOPLE, NEW POTENTIAL FARMERS WHO WANT TO
CONVERT THEIR -- APPARENTLY THEIR VEGETABLE GARDEN INTO MARIHUANA
OPERATIONS -- CAN NEW FARMERS ENTER THIS FIELD? ANSWER. WELL, NO.
YOU TO HAVE AN INDUSTRIAL LICENSE FOR AT LEAST TWO OUT OF THE LAST FOUR
YEARS. IT'S CLOSED. WELL, IF YOU'VE BEEN SUCCESSFULLY GROWING
MARIHUANA, THIS PARTICULAR TYPE OF PLANT, IF YOU'RE BEEN SUCCESSFULLY
GROWING IT IN NEW YORK STATE UNDER TIGHT REGULATIONS UNDER EXISTING
REGULATIONS, CAN YOU GROW IT HERE? ANSWER. NO. IF YOU'VE BEEN
GROWING MEDICAL MARIHUANA AND MEET ALL THOSE TIGHT STRINGENT
REQUIREMENTS, YOU'RE INELIGIBLE.
THIS IS A STRANGE BILL. AND WE SHOULD BE ABSOLUTELY
CLEAR, IT CROSSES A LOT OF LINES THAT WE HAVE NEVER SEEN BEFORE IN TERMS
OF CREATING A MONOPOLY, REQUIRING EMPLOYERS, PERHAPS OVER THE
OBJECTIONS OF THEIR EMPLOYEES, THAT ENTER INTO A CONTRACT WITH UNIONS.
WE KNOW THAT VIRTUALLY NO FARMS IN THE STATE ARE CURRENTLY UNIONIZED.
NATIONALLY IT'S ONLY LIKE 2 OR 3 PERCENT. SO WE AUTOMATICALLY OFF THE
TOP EXCLUDE ANYONE WHO'S NONUNION UNLESS THEY WANT TO ENTER INTO A
NEGOTIATION WITH THE UNION. AND WE'RE MOVING FORWARD WITHOUT ANY OF
THE REGULATIONS IN PLAY WITH THE REST OF THE PROCESS.
FOR THOSE REASONS AND OTHERS, I RECOMMEND AGAINST
THIS. THANK YOU, MR. SPEAKER. AND AGAIN, THANK YOU TO THE MAJORITY
LEADER WHO HAS BEEN VERY KIND AND HELPFUL ALL DAY.
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ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. I WANT TO ACTUALLY APPLAUD MY COLLEAGUES FOR WHAT I THINK IN
SOME CASES WERE REALLY GOOD THOUGHTFUL QUESTIONS THAT THERE ARE SOME
FOLLOW UP AND I CAN COMMIT TO HAVING THAT FOLLOW UP. BUT IN SOME
CASES IT'S THE SAME ARGUMENTS WE HAD A YEAR AGO BECAUSE PEOPLE JUST
SIMPLY DON'T AGREE THAT ADULT USE HAS -- HAS A PLACE IN NEW YORK
SOCIETY. WELL, THE VAST MAJORITY OF US IN THE STATE OF NEW YORK DO
BELIEVE THAT, AND SO I THINK THIS MOVES US FORWARD WITH MAKING THAT
PROCESS REAL.
I DO ALSO WANT TO SAY THAT BECAUSE WE'RE OFFERING A
CONDITIONAL LICENSE FOR PEOPLE WHO ARE ALREADY GROWING HEMP DOES NOT
MEAN THAT A PERSON WHO'S NEVER GROWN ANYTHING CAN'T GET A LICENSE AT
SOME POINT IN THE STATE OF NEW YORK. I THINK WHAT IT DOES MEAN IS THAT
NOT ONLY CAN THAT PERSON AT SOME POINT GET A LICENSE, BUT THERE WILL BE
MORE ROOM FOR THEM TO HAVE A PIECE OF THE MARKET BECAUSE WE'RE
LIMITING IT TO NEW YORKERS WHO GROW HEMP. I HEARD MY COLLEAGUE SAY
THAT, YOU KNOW, THIS SHOULD BE OPEN TO ANYBODY WHO IS GROWING RIGHT
NOW. THIS SHOULD BE OPEN TO THE EXISTING REGISTERED ORGANIZATIONS,
$200-, $300-, $400 MILLION COMPANIES. WE'D OPEN THAT MARKET UP TO
THEM. NOBODY ELSE EVER GETS IN, AND I THINK THAT IT MAKES SENSE. I LIKE
THE WAY THE OFFICE OF CANNABIS MANAGEMENT IS STARTING SO THAT THEY
CAN PROVIDE AN OPPORTUNITY FOR NEW YORK'S -- NEW YORKERS TO GET
ACCESS TO THE MARKET BEFORE IT GOES OFF THE HANDLE. I KNOW THAT THIS IS
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CHALLENGING FOR A LOT OF PEOPLE. I KNOW THAT THERE ARE SOME PEOPLE
WHO THINK THAT THERE WILL BE NO SOCIAL EQUITY OR NO PEOPLE OF COLOR WHO
HAVE ACCESS TO THESE CONDITIONAL LICENSES. I DON'T AGREE WITH THAT. I
DON'T KNOW ALL THE PEOPLE, BUT I BELIEVE THAT THERE ARE PEOPLE ON THAT
LIST WHO HAVE BEEN GROWING HEMP WHO WILL HAVE THE SAME AVAILABILITY
TO THESE CONDITIONAL LICENSES AS EVERYONE ELSE.
I AM GRATEFUL TO THE NEW YORK GROWERS ASSOCIATION
FOR THEIR INPUT IN THIS LEGISLATION BECAUSE, QUITE HONESTLY, A LOT OF THE
THINGS THAT ARE HERE WOULD NOT HAVE BEEN HERE HAD WE NOT WEIGHED IN
THEIR OPINION.
AND I ALSO WANT TO, YOU KNOW, JUST SPEAK TO THE WHOLE
LABOR PEACE ISSUE. THIS WOULD NOT HAVE BEEN MY PREFERENCE. BUT
AGAIN, WHEN YOU'RE IN THE -- IN THE BUSINESS WHERE THE COSTS ARE
COMPROMISED, YOU WANT TO GET THINGS DONE. YOU'VE GOT TO MOVE
FORWARD WITH GETTING IT DONE. A LABOR PEACE AGREEMENT DOES NOT
REQUIRE ANYBODY TO PAY DUES. ITS EMPLOYEES THAT ARE NOT MEMBERS OF A
UNION. AND THERE'S NOTHING THAT ENFORCES THE EMPLOYERS OR THE
EMPLOYEES TO CREATE A UNION. ALL IT SAYS IS THAT YOU CAN'T DO THINGS TO
PREVENT IT. NOW, WE RECENTLY JUST SAW STARBUCKS IN MY COMMUNITY
UNIONIZE. AND BY THE WAY, STARBUCKS DID EVERYTHING IN THEIR POWER TO
KEEP THOSE PEOPLE FROM DOING THAT. EVERYTHING LEGALLY IN THEIR POWER.
A LABOR PEACE AGREEMENT WOULD NOT HAVE ALLOWED THEM TO HOLD THEM
UP FOR SIX MONTHS AND HAVE THESE YOUNG PEOPLE CELEBRATING LIKE THEY
HAD REALLY WON THE LOTTERY JUST WHEN THEY GOT THE ABILITY TO GET DECENT
WORK HOURS AND ALL SORTS OF THINGS THAT ADD VALUE TO THEIR LIFE ON THE
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JOB.
AND SO I -- I APPRECIATE THE FARMERS BUREAU FOR
WRITING THE MEMO OF SUPPORT ON THIS LEGISLATION BECAUSE THEY DO
SUPPORT IT. BUT I ALSO HONOR THEIR OPINION, JUST LIKE I HONOR MY
COLLEAGUES' OPINION ABOUT THE LABOR PEACE AGREEMENT AND HOW -- IF IT
COULD BE DETRIMENTAL. IT WILL NOT BE DETRIMENTAL, ONE. AND TWO, IT'S
ALREADY LEGAL AND REQUIRED IN THIS INDUSTRY IN THE STATE OF NEW YORK AS
A RESULT OF LEGISLATION THAT WAS PASSED MARCH 31ST OF LAST YEAR.
SO WITH THAT, MR. SPEAKER, I APPRECIATE MY
COLLEAGUES' PATIENCE FOR THIS CONVERSATION THAT WE'VE HAD TODAY. I CAN
ONLY TELL YOU THAT THIS IS ANOTHER PART OF THE BEGINNING. IT'S NOT NEARLY
THE END. AND I WOULD ENCOURAGE EVERYONE WHO CAN SEE THE VISION FOR
NOT JUST THE OFFICE OF CANNIBIS MANAGEMENT, BUT THE OPPORTUNITIES TO
BUILD WEALTH IN COMMUNITIES THAT DON'T HAVE ACCESS TO WEALTH, AS WELL
AS THE OPPORTUNITY TO BRING HEALING AND WELLNESS TO OUR COMMUNITY. I
WOULD ENCOURAGE PEOPLE TO VOTE YES ON THIS ONE.
THANK YOU, MR. SPEAKER.
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE ON SENATE PRINT 8084-A. THIS IS A PARTY VOTE. ANY MEMBER
WHO WISHES TO BE RECORDED AS AN EXCEPTION TO THEIR CONFERENCE
POSITION IS REMINDED TO CONTACT THE MAJORITY OR MINORITY LEADER AT THE
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NYS ASSEMBLY FEBRUARY 16, 2022
NUMBERS PREVIOUSLY PROVIDED.
MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. THE REPUBLICAN
CONFERENCE IS GENERALLY OPPOSED TO THIS LEGISLATION. BUT THOSE WHO
WOULD LIKE TO SUPPORT IT ARE WELCOME TO CALL THE MINORITY LEADER'S
OFFICE AND WE WILL RECORD YOUR VOTE ACCORDINGLY.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER. MY MAJORITY COLLEAGUES WILL GENERALLY BE IN FAVOR OF THIS
PIECE OF LEGISLATION. HOWEVER, THERE ARE A FEW WHO MAY NOT, AND IF
THAT IS SO THEY SHOULD CONTACT THE MAJORITY LEADER'S OFFICE AND WE WILL
BE HONORED TO PROPERLY RECORD THEIR VOTE.
(THE CLERK RECORDED THE VOTE.)
ACTING SPEAKER AUBRY: THANK YOU, MRS.
PEOPLES-STOKES.
MR. FRIEND TO EXPLAIN HIS VOTE.
MR. FRIEND: THANK YOU, MR. SPEAKER, TO EXPLAIN
MY VOTE.
ACTING SPEAKER AUBRY: PROCEED.
MR. FRIEND: YOU ONLY NEED TO LOOK TO OUR OWN
COMMUNITIES TO SEE THAT BOTH ILLEGAL USE OF MARIHUANA AND UNDERAGE
USE OF MARIHUANA HAVE INCREASED IN OUR STATE SINCE WE'VE ALLOWED THE
MRTA TO MOVE FORWARD. UNFORTUNATELY, INDIVIDUALS HAVE TAKEN
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ADVANTAGE OF THE GIFTING LAW IN THE MRTA BY OPENING STICKER STORES
ACROSS OUR COMMUNITIES. EVEN THOUGH THE OFFICE OF CANNABIS
MANAGEMENT HAS COME FORWARD AND SAID THAT THESE ARE ILLEGAL AND THEY
NEED A CEASE AND DESIST, THERE AREN'T LAWS IN THE BOOKS FROM STOPPING
THESE OPERATIONS FROM OCCURRING. LOCALLY IN MY OWN DISTRICT, THE DA
AND SHERIFF'S OFFICE HAVE GONE INTO SOME OF THESE STORES ONLY TO
TEMPORARILY SHUT THEM DOWN FOR THEM TO REOPEN IMMEDIATELY THE NEXT
DAY WITH CUSTOMERS WAITING IN HAND AS THE SHERIFFS AND DAS WERE ON
THE PROPERTY. IF YOU REACH OUT TO OUR POISON CONTROL CENTERS YOU CAN
FIND OUT THAT OUR UNDERAGE -- OUR KIDS WHO ARE UNDERAGE HAVE
INCREASED THEIR USE OF INGESTIBLES. I CANNOT SUPPORT A LAW THAT WILL
ALLOW THIS TO CONTINUE WITHOUT FIRST TAKING CARE OF OUR -- THE PEOPLE IN
OUR COMMUNITY AND ESPECIALLY OUR KIDS. WE NEED TO LOOK OUT FOR THEIR
FUTURE. WE NEED TO TELL THEM THAT THIS IS NOT OKAY, AND WE NEED TO TAKE
CARE OF THAT FIRST BEFORE WE START GROWING MORE POTENT FORMS OF
MARIHUANA WITHIN OUR OWN DISTRICTS.
FOR THOSE REASONS, I VOTE NO.
ACTING SPEAKER AUBRY: MR. GOODELL.
MR. GOODELL: THANK YOU, SIR. ALTHOUGH I'M NOT
UP ON THIS (INAUDIBLE), I'M NOT HIGH ON IT, PLEASE RECORD MY COLLEAGUES
MR. DURSO, MR. DESTEFANO, MR. GANDOLFO AND MR. RA IN THE
AFFIRMATIVE.
THANK YOU, SIR.
ACTING SPEAKER AUBRY: SO NOTED.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
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(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: WE HAVE NO
HOUSEKEEPING, BUT WE DO HAVE A PRIVILEGED RESOLUTION ON PAGE --
RESOLUTION 565 BY MR. LAWLER.
MR. LAWLER ON THE RESOLUTION.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. 565, MR. LAWLER.
LEGISLATIVE RESOLUTION CELEBRATING THE LIFE AND
ACCOMPLISHMENTS OF DR. ROBERT SCHELIN, REVERED EDUCATOR,
DISTINGUISHED CITIZEN AND DEVOTED MEMBER OF HIS COMMUNITY.
ACTING SPEAKER AUBRY: AND NOW MR. LAWLER
ON THE RESOLUTION.
MR. LAWLER: THANK YOU, MR. SPEAKER. DR.
ROBERT "DOC" SCHELIN PASSED AWAY ON FEBRUARY 6, 2022 AT THE AGE OF
76. HE WAS A LONGTIME MEMBER OF THE TAPPAN COMMUNITY IN THE
TOWN OF ORANGETOWN. HE WAS AN EDUCATOR, A VOLUNTEER FIREFIGHTER AND
DEDICATED MEMBER OF OUR COMMUNITY. HE WILL BE DEEPLY MISSED BY ALL
THOSE WHO KNEW HIM AND THE MANY LIVES THAT HE IMPACTED. DURING HIS
TIME AT ST. THOMAS AQUINAS COLLEGE IN SPARKILL, HE SERVED AS THE DEAN
OF STUDENTS. HE WAS ALSO A PROFESSOR OF HISTORY AND POLITICAL SCIENCE,
AND REALLY IMPACTED SO MANY STUDENTS ALONG THE WAY IN GETTING THEM TO
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FOCUS ON CIVIC ENGAGEMENT AND THE IMPORTANCE OF IT. HE WAS INVOLVED
IN OUR COMMUNITY, A 50-YEAR LIFE MEMBER OF THE TAPPAN FIRE
DEPARTMENT AND SERVED AS A PAST-PRESIDENT AND SECRETARY OF THE
COMMISSIONERS OF THE FIRE DISTRICT. BUT MOST NOTICEABLY -- NOTABLY, HE
SERVED AS SANTA CLAUS DURING THEIR ANNUAL CHRISTMAS CELEBRATIONS.
AS I SAID, HE WILL BE MISSED BY OUR COMMUNITY AND SO
I APPRECIATE THE INDULGENCE OF MY COLLEAGUES TO RECOGNIZE HIM AND
RECOGNIZE HIS LIFE'S ACHIEVEMENTS AND WISH HIM GODSPEED AND HIS
FAMILY. THANK YOU.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
WE HAVE ONE OTHER PRIVILEGED RESOLUTION WHICH WE
WILL TAKE UP ON (INAUDIBLE) VOTE.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NO. 571 WAS
UNANIMOUSLY ADOPTED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: I NOW MOVE THAT THE
ASSEMBLY STAND ADJOURNED UNTIL THAT WE WILL RECONVENE AT 9:30 A.M. ON
THURSDAY, FEBRUARY THE 17TH, TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY STANDS
ADJOURNED.
(WHEREUPON, AT 2:43 P.M., THE HOUSE STOOD ADJOURNED
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UNTIL THURSDAY, FEBRUARY 17TH AT 9:30 A.M., THAT BEING A SESSION DAY.)
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