The 18th Amendment to the U.S. Constitution, which banned the production, importation, transportation, and sale of alcoholic beverages in the United States was enacted in 1920. Thirteen long, dry years later, the amendment that created prohibition was repealed.

Lawmakers learned that it was better to tax and regulate the production and distribution of alcohol than to try to enforce a law that bans it. The same rationale applies to the recent legalization of recreational marijuana use.

That’s especially true in places like New York, where lawmakers hope to reap a financial windfall from legalized marijuana as well as sports betting, in an economy that was crippled by the pandemic.
The bill was signed into law by Gov. Andrew Cuomo on March 31, paving the way for what some believe will become a lucrative $4.2 billion industry. It’s a day that many Hudson Valley cannabis growers and dealers have been anticipating.

According to the new law, marijuana can be smoked wherever tobacco products are also legally consumed (i.e. not in public places, like schools, restaurants or the workplace.) Smoking publicly where it’s not permitted will subject people to a civil penalty of $25 or up to 20 hours of community service, according to State Senator Liz Krueger, the bill’s senate sponsor. As with alcohol, it is illegal to drive under the influence of marijuana.

Legalization means that New Yorkers are now allowed to possess up to three ounces of cannabis for recreational use or 24 grams of concentrated cannabis, such as oils derived from a cannabis plant. People who are 21 and older are allowed to use, smoke, ingest or consume cannabis products; they can also give them to others who meet the same age requirement.

At home, people will be permitted to store up to five pounds of cannabis, but they will have to take “reasonable steps” to make sure it is stored in a secure place.

While it has now been legalized, it may be another year before recreational marijuana sales begin. That will give lawmakers the opportunity to create a new agency to oversee and regulate the marijuana laws. Having waited this long, there’s no reason to rush this process now.