Attending a festival or concert this summer in New York and thinking of bringing your stash of weed? You may want to think twice.
Because neighboring states, including Vermont and Massachusetts, have legalized marijuana, as has Canada, New York concertgoers may have more access to the drug than ever.
But marijuana is still illegal in New York, and the state Legislature is facing an uphill battle to legalize marijuana before it ends session June 19.
Regardless of any immediate state decision, a New York law wouldn't take effect in time for this summer's concerts.
So promoters and police said they will still enforce marijuana laws in the state — even as law enforcement is taking varying stances on prosecuting the cases.
Here is what you can expect this summer:
Mountain Jam, Bethel Woods
The 50th anniversary of Woodstock is bringing entertainment to Bethel Woods in the Catskills, and Mountain Jam is set for June 13.Now that Watkins Glen has backed out as the venue for Woodstock 50, the fate of the festival is up in the air.
Area venues including the Saratoga Performing Arts Center; St. Joseph’s Health Amphitheater at Lakeview in Syracuse; Darien Lake Performing Arts Center in western New York; Constellation Brands Marvin Sands Performing Arts Center in the Finger Lakes all have jam packed summer music schedules.
As do venues in the New York City and its suburbs, such as at Jones Beach.
While the stigma for marijuana may be lower now than in the past, it doesn't mean law enforcement officers or concert venues will permit you to bring in weed.
Some counties aren't enforcing weed
For example, Yonkers police are told to seize the pot, obtain identification details and conduct a warrant check in cases of criminal possession of marijuana in the fifth degree, a misdemeanor.
If there are no outstanding warrants for other crimes, police then write in the report “the suspect was released as the Westchester County District Attorney will no longer prosecute,” a memo from the DA's office read.
Other counties are taking different approaches.
In Albany County, District Attorney David Soares said police have the authority to either make an arrest of simply let it go based on the circumstances.
From Jan-March 2019, Albany County saw 52 marijuana related arrests, 22 in Broome County, seven in Chemung County, 293 in Nassau County, 80 in Erie County, 193 in Westchester County, 180 in New York County. Tioga County saw four arrests, while Tompkins County saw eight.
Overall, marijuana arrests continue to increase, even as states make it legal.
From 1990 to 2017, misdemeanor-level marijuana possession arrests increased from 414 to 788 in upstate cities and from 1,611 to 5,572 in the rest of the state, records show.
In 2016, 44% of all arrests in Hamilton County were for possession of marijuana.
In 2017, Suffolk and Nassau Counties accounted for the majority of marijuana possession arrests in the rest of the state with 61%.
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State Police: No operational changes
The New York State Police said there will be no changes to how the troopers act with regard to marijuana this concert season."State Police have not made any operational changes," spokesman Beau Duffy said.
"Our priority is to ensure the safety of those attending the concerts and festivals, as well as the general public."
Duffy said troopers will continue to enforce state laws as they always have.
Indeed, Gov. Andrew Cuomo announced Tuesday state investigators this summer will again crack down on underage drinking and the use of fake IDs to purchase alcohol at summer concerts
In April and May, investigators issued 139 tickets at concert venues for underage drinking and fake IDs, the governor said.
And this past week, State Police said they arrested 68 people on a variety of drug charges at the Disc Jam Music Festival outside Albany.
State Police said it "seized quantities of cocaine, doses of LSD, hallucinogenic mushrooms, ketamine, methamphetamine, fentanyl, MDMA, and concentrated cannabis."
Counties defer to State Police
When asked if local authorities will have any changes to their operations with festivals approaching, Schuyler County Sheriff William Yessman Jr. said, "The New York State Police are the primary agency at the Woodstock 50 Festival."He did not comment further.
The Onondaga County and Sullivan County sheriff's offices did not respond when contacted about enforcing marijuana possession during concert season.
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Broome will enforce possession
Detective Sgt. Matthew Cower with the Broome County Sheriff's Office said marijuana possession will still be enforced until it becomes legal.Cower did stress, however, that prescribed medical marijuana is OK because it is legal in New York.
"Buying any controlled substance from a stranger is a bad idea because not only is it against the law, but you never know what you're actually getting," Cower said of concertgoers buying drugs at shows.
Cower recommended that people not bring weed with them, as they could be subject to arrest.
"Our job is to enforce the law. Until recreational marijuana is legalized, we will continue to enforce the possession laws," said Cower.
What venues are saying
The venue's website did not list marijuana as a prohibited item to bring into a show. Jackie Atkins, spokeswoman with the venue, said marijuana was not listed on the site as it's currently illegal.
"Should legislation pass to legalize this product, we would certainly review the parameters of such legislation and set venue policies in accordance with the new laws," Atkins said.
The Saratoga Performing Arts Center encourages visitors to leave all illegal substances at home. At CMAC Performing Arts Center, there is no specific mention to marijuana or drugs, but the site says all guests are subject to search upon entry.
The Bethel Woods Center for the Arts is holding concerts in August as a celebration of the 50th anniversary of Woodstock. Ringo and his All Starr Band, Carlos Santana, The Doobie Brothers, John Fogerty, Tedeschi Trucks Band, and others are to perform.
Mountain Jam will also be held at the Bethel Woods. Artists include Willie Nelson and Family, Phil Lesh and Friends, Gov't Mule, Joe Russo's Almost Dead, Dispatch, Michael Franti & Spearhead, Toots and the Maytals and a dozen more.
The Bethel Woods site states, "Guests shall refrain from using offensive language, making obscene gestures, throwing objects and possessing prohibited or illegal items."
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Hemp village at Mountain Jam
While marijuana is not legal in New York, it doesn't mean that it won't have a presence in a variety of ways.At Mountain Jam, a new addition to the festival this year is its Hemp Village.
The area will feature speakers, activists and innovators in cannabis technology.
One panel discussion planned is focused on the farmer.
"The success of the industry relies on the hard work of cannabis cultivators ... some of whom work tirelessly to follow regulations and change with legislations," read the Hemp Village page.
In addition to panels, Hemp Village will have various vendors with copious products and information available.
Does weed still get in to festivals?
Even though venues and festivals have said marijuana is not permitted, illicit substances always seem to turn up inside festival grounds.Last month, undercover state troopers in Pennsylvania arrested a man at the Elements Lakewood Music & Arts Festival after the seizure of more than $6,000 worth of drugs, including ecstasy and mushrooms.
Alan Voss, who is planning to attend Woodstock 50 said he's not concerned about marijuana searches at the festival itself, but would worry more about a ticket while en route.
"It should be legal," he said.
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