While many commentators have debated the political motivations behind Cuomo's sudden shift on the issue, attorneys say the governor's support of hospitals as dispensaries makes New York's case unique.
"This could be the entrance of corporate America in the medical marijuana field, because [marijuana dispensaries] are generally across the country mom and pop shops," Jacob Rahavi, an attorney practicing in Washington D.C., said in a phone interview. "These are the first multi-million dollar businesses to get involved."
Colorado, which has gained national attention for allowing recreational sale of marijuana since the beginning of 2014, is one such example of a state where families and small businesses run many of the dispensaries.That a select group of up to 20 hospitals would distribute cannabis for medicinal use is significant because it means these corporations, which are far more likely to operate with in-house legal counsel, probably have considered the repercussions. One such repercussion, said Washington D.C.-based attorney Robert Ziff, is that the federal government could still prosecute these hospitals, despite the fact that New York state law mandated by executive action would allow for it. "That sort of enhances the regulatory problem because the hospitals are obviously vastly more regulated by the federal government than, say, a private marijuana dispensary," Ziff said in a phone interview. "A marijuana dispensary in California or Colorado, whether it's being done for medical purposes or for personal use, these institutions are not being regulated by the federal government because they're illegal." White House states on its Web site that the Barack Obama administration opposes legalization of marijuana because it would increase the availability and use of illicit drugs; however, the Justice Department in August said it would not challenge laws legalizing the drug on state ballot initiatives so long as states remained committed to very strict rules concerning distribution. Rahavi and Ziff, who published a brief through American University about regulation of medical marijuana, said that the for-profit and non-profit dispensaries in places like Colorado and California understand that at any moment the federal government can come in and shut down operations and arrest the people running these establishments.
Cases in which the federal officials would shutter an operation, though, often occur when they believe there is abuse of the law. For example, Colorado state law limits residents to purchase one ounce of cannabis for recreational use. A dispensary that ignores that law and sells more than the state-mandated limit may attract the attention of the federal government. This, Rahavi and Ziff said, was one of the problems California encountered years ago when it implemented marijuana legalization laws.
Corporate-run hospitals likely would encounter the same legal pressures, leaving some to wonder why these companies would risk hurting other profitable arms of their business.