New York Sen. Diane Savino (D-Staten Island) claims she has rallied enough votes to pass SB 4406, which legalizes medical marijuana. Thirty-nine senators, seven more than what is needed to pass the bill, have pledged their support.
However, gathering this support has come at a price. Three significant changes differentiate the current bill from the original.
First, physicians are limited to recommending medical marijuana for only 20 conditions. Secondly, the bill would create an advisory committee to recommend additions to the list of qualifying conditions. This board could also hear appeals for individual patients who fall outside of the list. Lastly, people under 21 would not be permitted to smoke marijuana as a treatment; they would be restricted to ingesting or vaporizing.
Other details of the bill include required medical marijuana cards for patients, a limit of up to 2.5 ounces per 30-day supply, and the dispensaries would have to pay taxes to the state.
According to the New York Daily News, it looks like the Senate’s Health Committee will take up the bill at noon on Tuesday.
Martin Nickerson has filed a federal lawsuit against the state of Washington, attempting to bar the state from collecting taxes on marijuana sales. Washington state officials are demanding that he pay taxes on those sales to the tune of $62,000. However, since Nickerson is under prosecution for the criminal sale of marijuana as a medical marijuana producer, he claims that forcing him to pay taxes on his sales would violate his constitutional right against self-incrimination.
Alison Holcomb, an attorney with the American Civil Liberties Union who was the main author of Washington State's successful ballot initiative, said the lawsuit has a low probability of taking down the state’s legal marijuana system.
Suppliers like Nickerson have already made public their intent to break federal law, Holcomb said, so paying taxes on their proceeds would not do much to further incriminate them.
"Paying taxes on marijuana implicates you, but so does everything else about being engaged in this system," she said.
Ultimately, the case brings into question whether federal laws trump state laws when it comes to collecting tax revenue generated from marijuana sales. The outcome of this case could have a significant impact on medical marijuana businesses around the country.