Andrew Brown: Applying Lessons Learned

The past year presented monumental difficulties as well as opportunities – if not an outright mandate – to effect change for members of vulnerable communities of color who paid a disproportionate price, both physical and financial, during the coronavirus pandemic.

The confluence of the pandemic and a long overdue national conversation about racial justice laid bare the vast array of systemic inequities plaguing our society.

Thankfully, the state Legislature rose to the occasion and passed a number of measures during the 2021 session that will further the process of establishing a more free and fair New York. These initiatives have for several years been among the top policy priorities of the New York State Bar Association, which strives to be a resource to elected officials and policy makers in their work to improve the lives of residents in every region of the state.

The list began at the end of March with passage and signing into law by the governor of the Marijuana Regulation and Taxation Act (MRTA), which both expanded the state’s existing medical cannabis program and gave the green light to its legalization for adult recreational use.

The act includes specific provisions to benefit lower-income Black and Brown communities that have borne the brunt of the failed War on Drugs, which recently marked its 50^th anniversary. New York’s law is viewed by some in the industry to be the new gold standard for social equity, with a goal of issuing 50 percent of adult-use licenses to equity applicants.

In addition, 40 percent of the revenues generated through the sale of adult-use cannabis will be directed to a reinvestment fund, from which grants will be made to communities that were disproportionately harmed by cannabis prohibition and are largely populated with Black and Brown people.

The session’s end did bring a brief hiccough when state lawmakers were unable to agree on appointments to a new regulatory body mandated in the MRTA to oversee New York’s cannabis industry. But legislative leaders pledged to return to address this issue during a potential special session sometime this summer to avoid undue delay in getting the office up and running.

The final days of the session in June brought additional victories, including passage of the Less is More Act. This common-sense reform measure right-sizes the state’s parole system by ending re-incarceration of individuals for technical parole violations.

The current parole system is the single largest factor in mass incarceration in New York. Due to chronic understaffing and high caseloads, thousands of individuals who are eligible for release are instead languishing behind bars. When they are finally paroled, they often land back behind bars as a result of minor and non-criminal technical violations, such as failing to make curfew or missing an appointment with a parole officer.

This creates a vicious cycle that dooms many individuals to a life of poverty and struggle, doesn’t improve public safety and needlessly costs taxpayers hundreds of millions of dollars every year. That money would be better spent on job training, mental health and other programming to support formerly incarcerated individuals transition back into society.

Routinely incarcerating individuals for minor, technical violations is not smart policy. It is also morally incomprehensible – particularly at a time when we are collectively focused on social justice and equity. I sincerely hope the governor signs this bill into law without delay.

The tireless volunteer work of many NYSBA members led to far-reaching and comprehensive reports on both the cannabis industry and the parole system that helped inform these important changes.

Lawmakers also took action on a number of other bills supported by NYSBA Committees and Sections, including: A ban on so-called ghost guns, a constitutional amendment to legalize same-day voter registration, a prohibition on child marriage and more.

As the newly elected president of NYSBA, I am proud to be part of an organization that has contributed significantly to the ongoing work of upholding the rule of law and making the state a more just and equitable home for people of all colors, socioeconomic backgrounds, religious beliefs and sexual orientations.

I have dedicated my year-long tenure as president to furthering this work, establishing task forces on protecting voting rights and combatting systemic racism ingrained deeply into our laws and public policies. A third body will be investigating the pandemic’s impact on the legal profession and is charged with determining how attorneys can best serve their clients and the community at large in the new normal.

I look forward to a productive and fruitful year in which we build on the momentum of the 2021 session and apply the lessons of a difficult year to achieve the goals I know we all desire: To create a state in which everyone can be safe, pursue their dreams and prosper.

The views expressed by commentators are solely those of the authors. They do not necessarily reflect the views of this station or its management.