New York Senators introduced a law for 2025 to decriminalize the possession of drugs.
Senator Gustavo Rivera’s (D) legislation and that of four other cosponsors will eliminate the criminal and civil punishments for possession and create a taskforce to study and make recommendations on additional reforms.
In a memo explaining the new measure, it is stated that although substance abuse has been widely accepted as a condition of health in many states and countries around the world, New York and the other States have considered this a moral fault and crime.
This approach led to millions of people being stigmatized and imprisoned, in stark contrast to compassionate care given to patients with illnesses such as cancer or anxiety disorder,” the report says. While those who suffer from these illnesses are usually viewed to be deserving medical attention and support, people with substance abuse disorders are disparaged and criminalized and are deemed not worthy of compassion and assistance.
The United States and New York have focused their drug policies on enforcement for far too long. They continued to do so long after it was clear that these costly measures failed to prevent illicit drug usage. This proposed legislation aims to change the emphasis from criminalization to compassion and science by reducing civil and criminal penalties related to personal possession.
This memo states that by reclassifying individuals with SUDs as people in need of medical care (as with other illnesses), this bill aims to lower deaths and incarceration rate, stop the spread bloodborne diseases, save millions on the money spent currently on locking up individuals who have medical conditions.
A legislative findings section in the bill states that criminalizing drug users “causes substantial harm by destabilizing and disrupting their lives”.
It states that the purpose of this law is to “save lives” and help New York transform its approach to drug abuse from one of criminalization and stigmatization to one of science and compassion by removing criminal and civil sanctions for personal possession of controlled drugs.
To achieve this goal, the legislation will make several amendments to existing state laws. This includes replacing “criminal”, with “unlawful”, in relation to offenses of possession.
The person committing a simple violation of possession would not be charged with a misdemeanor; they can instead pay a fine of $50 or take part in “a needs screening for identifying health and service needs including, but not limited, to any services to address problematic substance abuse and mental health issues, as well as any lacks housing, food or employment and civil legal services.”
According to the measure, screenings should “prioritize an individual’s own self-identified need for appropriate referral services.” It also stipulates that the individual has 45 days to finish the screening before the fine is waived.
The law clarifies, “Failure in paying such fine will not lead to further punishments or imprisonment terms.”
In addition, the bill requires the creation of a task force for decriminalization of drugs. This group would develop “recommendations on reforming laws, regulations and state practices to ensure that they are aligned with the stated goals of treating substance abuse disorder as a medical condition, not a criminal activity.”
Task force members will need to research the amounts of drugs to be included in personal possession. Also, they should study barriers for accessing services by people who have substance abuse disorders.
A panel of key officials would consist of other members, such as the health commissioner for the state. This group will be appointed by both the Governor and the legislative leaders. Within one year from the date that the law became effective, they would be required to present a first report on their findings.
Rivera submitted a similar bill in 2023. This proposal was not enacted.
—
MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures this year. Patreon subscribers who donate at least $25/month have access to the interactive maps and charts as well as our hearing calendar.
Discover more about the marijuana bills tracker. Become a patron on Patreon for access.
—
Meanwhile, several psychedelics bills have been filed in New York for the 2025 session—including one calling for the legalization of certain entheogenic substances such as psilocybin and ibogaine for adults 21 and older.
With eight cosponsors including Assemblymember Linda Rosenthal(D), the bill would amend the State statutes to allow “the possession, use cultivation production creation analysis gifting exchange or sharing of hallucinogens that are derived from natural plants and fungi.”
Rosenthal introduced his new bill just days after Sen. Nathalia FERNANDEZ (D), a New York State senator, filed a proposal that legalized psilocybin for certain conditions.
New York’s officials announced recently that New York State’s legal cannabis market had now exceeded the $1 billion mark in sales. Gov. Kathy Hochul, a Democrat, called this milestone “a tribute to those who worked hard in building the strongest cannabis sector in the country: One that prioritizes equality, assures public safety and empowers community.”
The figure reflects total sales since the cannabis market’s launch more than two years ago, in late 2022.
After a slow rollout in marked by lawsuits and other delays, legal marijuana sales in New York have picked up significantly in the past several months. The regulators say this is due to more licensed shops opening and what they call a successful crackdown against unlicensed stores.
Separately, in November, Assembly Majority Leader Crystal Peoples-Stokes (D) called for the state to extend financial aid to retail operators operators struggling under high-cost loans from a social equity fund created as a core part of the legalization program.
Later in the month, Hochul signed two new cannabis-related bills into law—one to revive the Cannabis Growers Showcase program, where producers sell products directly to consumers at farmers market-style events, and another clarifying that cannabis is categorized as an agricultural crop in the state.
The governor argued in June, meanwhile, that there’s a direct correlation between stepped-up enforcement and “dramatically” increased legal sales. A report by state officials earlier this year found both “growing pains” and “successful efforts” in New York’s marijuana market launch.
RFK Says He’ll ‘Defer’ To DEA On Marijuana Rescheduling As Trump’s Health Secretary, While Dodging Questions On Legalization Support
MEDCAN24 would not be possible without the support of readers. Consider a Patreon subscription if our marijuana advocacy journalism is what you use to keep informed.
