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New York Study Calls For Legalizing Recreational Marijuana Use

FTC Defense Lawyer Reports on NY Dept. of Health Findings

A study recently released by the New York Department of Health recommends legalizing adult usage of cannabis. The study is entitled “Assessment of the Potential Impact of Regulated Marijuana in New York State.”

In pertinent part, the study states that regulating marijuana may lead to a reduction in the use of synthetic cannabinoids, reduce incarceration of racial and ethnic minority communities, create jobs and generate long-term cost savings.

It concludes that ‘[a] regulated marijuana program enjoys broad support and would have significant health, social justice, and economic benefits. … Regulating marijuana enables public health officials to minimize the potential risks of marijuana use through outreach, education, quantity limits at point of sale, quality control, and consumer protection. … The positive effects of a regulated marijuana market in NYS outweigh the potential negative impacts.”

According to reports, during the first quarter of 2018, 89% of those arrested in New York City for marijuana possession were minorities, despite survey data that people of all races smoke cannabis at the same or similar rates.

New York Mayor De Blasio recently commented on reducing arrests for marijuana possession and use, foreshadowing the lessening of unnecessary arrests and disparate enforcement. Similarly, New York Governor Andrew Cuomo has urged the New York Department of Financial Services to support safe and fully compliant medical marijuana businesses.

The report balances the positive effects of legalization with the negative, and considered expunging some criminal records of New Yorkers that have been convicted of cannabis-related crimes. It also considers legitimate health issues.

See here and here for more information. Visit the author’s FTC advertising law website at

Richard B. Newman is an FTC advertising compliance and defense lawyer at Hinch Newman LLP. He represents internet marketers and advertisers, advises on national direct marketing campaigns, defends regulatory enforcement actions and investigations, and advises on privacy and data security matters.

Informational purposes only. Not legal advice. Always seek the advice of an attorney. Previous case results do not guarantee similar future result. Hinch Newman LLP | 40 Wall St., 35th Floor, New York, NY 10005 | (212) 756-8777.

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Richard B. Newman

Richard B. Newman is an Internet Lawyer at Hinch Newman LLP focusing on advertising law, Internet marketing compliance, regulatory defense and digital media matters. His practice involves conducting legal compliance reviews of advertising campaigns across all media channels, regularly representing clients in high-profile investigative proceedings and enforcement actions brought by the Federal Trade Commission and state attorneys general throughout the country, advertising and marketing litigation, advising on email and telemarketing best practice protocol implementation, counseling on eCommerce guidelines and promotional marketing programs, and negotiating and drafting legal agreements.

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