Cuomo's pot plan would allow 20 hospitals to dispense

ALBANY -- Gov. Andrew M. Cuomo is catching up with legislative and popular opinion by taking steps to legalize medical marijuana in New York, lawmakers and analysts said Sunday.

The initiative also allows the Democrat to continue to stake out a position as being liberal on social issues while being fiscally conservative, a position he's tried to carve during his first three years in office. Cuomo is to unveil proposals for tax cuts and medicinal marijuana in his State of the State address Wednesday.

Cuomo's office said Sunday he plans to use administrative powers rather than legislative action to allow a limited number of hospitals to dispense marijuana for some ailments. About 20 hospitals would participate, prescribing marijuana to patients with cancer, glaucoma and other conditions that qualify under standards to be set by the state Health Department.It's unclear how soon the first patient would receive a prescription.

Lawmakers said Cuomo has done an about-face in his thinking. They noted it comes as medical marijuana is gaining support in opinion polls and among state legislators.

"Last year, he was 'absolutely not,' " said Sen. Diane Savino (D-Staten Island), the lead sponsor on a bill to legalize marijuana for medical uses. "Twelve months later, he's moving forward . . . This is a huge sea change in his thinking."

A Republican critic said Cuomo's change of mind shows he's following public and political opinion. "For three years he's been opposed" to medical marijuana use, said Assemb. Steven McLaughlin (R-Schaghticoke). "And, suddenly, three days before the State of the State, he does a one-eighty."

McLaughlin said that bypassing the State Legislature not only allows Cuomo to take sole credit for the initiative but also lets some lawmakers who are undecided to "avoid a tough vote." That said, the conservative Republican said he thinks the governor's limited plan "makes a lot more sense" than a much broader marijuana bill the Democrat-led Assembly passed last year.

"Under that bill, you could have a hangnail and get medical marijuana," McLaughlin said.

In April, Cuomo said he had concerns about the government's ability to regulate medical marijuana. "I do not support medical marijuana. I understand the pros and cons. I understand the argument," the governor had said.

Cuomo aides said Sunday the governor "always kept the door open" on the subject.

Senate co-leader Dean Skelos (R-Rockville Centre) declined to comment. Assembly Speaker Sheldon Silver (D-Manhattan) said he was pleased with Cuomo's initiative but the Assembly would still pursue legislation.

A Siena poll last year showed 82 percent of New Yorkers approved of allowing terminally ill patients to use marijuana. The politically split State Senate hasn't taken it up, but backers claim about 40 members of the 63-seat Senate support it.

Twenty states allow marijuana for pain management and other medical uses. New York is the lone Eastern state north of Delaware that doesn't.

Gabriel Sayegh of the Drug Policy Alliance and Assemb. Richard Gottfried (D-Manhattan) called Cuomo's support a "huge development" but said the limited plan means many patients in chronic pain won't be eligible. They said the legislature still needs to enact a "comprehensive" program.

Sayegh said the "real stories" of pain patients who lobbied Albany heavily in the last year created momentum.

In contrast, Jason McGuire, executive director of New Yorkers for Constitutional Freedoms, a conservative group, said Cuomo was experiencing a "mind altering election year" and suggested the governor was reacting to the perception that newly elected New York Mayor Bill de Blasio has become the state's progressive leader.

"Gov. Cuomo's flip-flopping executive action on medical marijuana is a publicity-seeking gambit designed to win him plaudits from the far left," McGuire said.