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

                                         31



                    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.

                                         32



                    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

                                         46



                    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.

                                         48



                    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.

                                         53



                    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

                                         55



                    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.

                                         57



                    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?

                                         59



                    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.

                                         60



                    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.

                                         61



                    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.

                                         62



                    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

                                         63



                    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?

                                         64



                    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.

                                         65



                    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

                                         66



                    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

                                         67



                    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

                                         68



                    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.

                                         69



                    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

                                         70



                    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?

                                         71



                    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

                                         72



                    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.

                                         74



                    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.

                                         75



                    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.

                                         76



                    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.

                                         77



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                                 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

                                         78



                    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

                                         79



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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.

                                         80



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                                 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?

                                         81



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                                 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

                                         82



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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

                                         83



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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

                                         84



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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

                                         85



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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?

                                         86



                    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

                                         87



                    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.

                                         88



                    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?

                                         89



                    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

                                         90



                    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

                                         91



                    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

                                         92



                    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,

                                         93



                    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

                                         94



                    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?

                                         95



                    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.

                                         96



                    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

                                         97



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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?

                                         98



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                                 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

                                         99



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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

                                         100



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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 --

                                         101



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                                 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

                                         102



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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

                                         103



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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.

                                         104



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                                 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

                                         105



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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

                                         106



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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

                                         107



                    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

                                         108



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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.

                                         109



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                                 (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

                                         110



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    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

                                         111



                    NYS ASSEMBLY                                             FEBRUARY 16, 2022

                    UNTIL THURSDAY, FEBRUARY 17TH AT 9:30 A.M., THAT BEING A SESSION DAY.)

















































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