Assistant Counsel Axel Bernabe to New York Governor Andrew Cuomo has said that cannabis legalization will again be introduced through the state budget in January, with the goal being to enact the reform by April.

Bernabe also previewed state regulations for hemp-derived CBD products, including allowing infused drinks and food items.

During an interview with Canopy Growth Corp.’s David Culver on the company’s recently launched video series, “Under The Canopy,” Bernabe discussed efforts to legalize marijuana in surrounding states underscore the need for reform in New York.

The advisor said the legislation the governor will be introducing will serve as a “model” for other states, prioritizing social equity and economic development.

Bernabe also pointed out how New Jersey could beat New York as the Garden State’s voters are set to approve a legalization referendum in November.

“We’re watching New Jersey closely. We’ve always been confident that we get to this before New Jersey, so if they pass the referendum they still have to have agreement between the governor the Senate over there,” he said. “We’re working on this. We’re going to reintroduce this in our budget in January. We think we can get it done by April 1.”

“If Jersey can beat us to it, then they’ll get the gold star—but I still think we’re going to set the model here.”

Bernabe said he is excited about the public safety and economic development components of the administration’s forthcoming legalization proposal and about ensuring social equity for communities historically targeted by the war on drugs.
“I would say equity pervades the entirety of the bill. It pervades it on the licensing front, it’s on the revenue side and the use of funds and providing capital and loans,” he said.

“We’re excited because we’ve taken the bull by the horns so to speak. I think people recognize that there are a lot of sectors or product lines that haven’t really had some thorough regulation attached to them,” he said. “You can pick a number of them but probably the most high-profile or obvious ones are something like vapes—so CBD or other cannabinoid extract vapes. Flower, even some tinctures, and foods and beverages.”

“How do you regulate that? What are the parameters around it? What’s permissible? What’s not?” he said. “We dug deep. I don’t know that we’ll get everything right. We had to make some calls.”

“We think of this in terms of consumer protection. Those products are already out there. There’s no sense in trying to pretend they’re not,” he said.

“We’re really doing it across the board on this,” Bernabe added. “We’re really looking at every product class and trying to strike a balance between consumer protection and letting people have what they’re obviously using extensively for health and wellness.”

“With so much uncertainty right now, we applaud [the department’s] move to extend these rules,” Allan Gandelman, president of the New York Cannabis Growers and Processors Association, said in a press release on Wednesday.


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