NY Marijuana Law Reform and New York City Marijuana Policy

In response to the overzealous enforcement of marijuana law in New York City, a bill has been proposed in the New York State legislature that would make the "public" possession of 25 grams or less of marijuana a violation, and not the misdemeanor it currently is. Most people caught with 25 grams or less are charged with Unlawful Possession of Marijuana. However, if you are caught smoking in public or, displaying 25 grams or less of marijuana in public, the charge becomes Criminal Possession of Marijuana 5th Degree which is a misdemeanor, and far more serious than a UPM (Unlawful Possession of Marijuana).

Most cops are pretty "cool" about UPM offenders. They take the weed and give you a ticket directing you to appear in court. Then you are free to go back to your party or meeting or wherever you are going that you want to be high for. But if you are in New York City, the cops are far less tolerant of marijuana offenders than some of the good old boys in Upstate New York. In fact, the NYPD has been intentionally violating the constitutional rights of citizens in a calculated effort to bust pot smokers. They are using dirty tricks to force people who possess less than 25 grams of pot to display it in public. And as I noted before, the public display of less than 25 grams is a misdemeanor, a crime. So instead of these folks getting an appearance ticket, they get arrested and get the full work up including mug shot, prints,and maybe jail before they see a judge.

I guess the cops in NYC are forcing people to empty their pockets on the street without good reason. And, if a person has weed and they are forced to pull it out of their pocket in public, then I guess technically they are guilty of the misdemeanor despite never having had any intention of publicly displaying their stash. The problem is that most of these folks had no legal obligation to cooperate in the first place. Even those who know their so called "rights" are no match for the cop who insists that refusal to cooperate will only make matters worse.

Do you think you know your rights with regard to police encounters? The police are forbidden by the Constitution to approach you and talk to you for no reason. There simply has to be a basis to approach and  that basis must somehow have a nexus to a reasonable suspicion of criminal behavior. What I should say is that the cops are forbidden to "seize" a person with respect to the 4th amendment. So what is a seizure? A seizure can be described as any citizen encounter with law enforcement during which the citizen did not feel that he or she is free to leave.  I think that aptly describes just about any citizen encounter with law enforcement. I mean really, you think you can just walk away?

With regard to the NYPD problem, there is no way they can tell someone has a bag of weed in their pocket by looking. What they are doing is targeting innocent people and shaking them down so they can arrest them. And it costs the city 75 million a year.

The bill sponsor's press release indicates that 54,000 people in New York State were arrested for marijuana possession in 2010. I don't think that number includes UPM offenders because no one is really arrested for UPM and many of those cases are dismissed. According to the release, 50,000 of  NY's marijuana arrests occurred in NYC. NYC contains about 40% of the state population. Yes, I would say that something is very wrong.



Here is an abstract of the proposed legislation:

Bi-partisan legislation was introduced this week in Albany to address the fiscal and human costs of the meteoric rise in arrests for marijuana possession inNew York. Senate Bill 5187, introduced by Senator Mark Grisanti (R-Buffalo), and Assembly Bill 7620, introduced by Assemblyman Hakeem Jeffries (D, WFP – Brooklyn) seeks to save taxpayer dollars, protect against illegal searches, and reduce unwarranted racial disparities in arrests by clarifying the law and standardizing penalties for marijuana possession offenses.
In 2010, over 54,000 people were arrested in NY for possessing small amounts of marijuana – over 50,000 of those arrests occurred in New York City alone. A major study released in March by the Drug Policy Alliance found that each arrest for simple marijuana possession, conservatively estimated, costs between $1,000 – $2,000 – thus New York taxpayers are spending about $75 million every year on arresting people for possessing small amounts of marijuana.
What many New Yorkers don’t know is that the state decriminalized marijuana possession over thirty years ago – making private possession of 25 grams or less of marijuana (about 7/8 of an ounce) a violation punishable by a $100 fine; possession of any amount in view of the public was made a misdemeanor. In passing theMarihuana Reform Act of 1977 –then co-sponsored by a Republican State Senator and a Democratic State Assemblyman – the Legislature made an explicit finding that became part of the new law: “Arrests, criminal prosecutions and criminal penalties are inappropriate for people who possess small quantities of marihuana (sic) for personal use. Every year, this process needlessly scars thousands of lives and waste millions of dollars in law enforcement resources, while detracting from the prosecution of serious crime.” This provision of the law was never changed.
Today, arrests for possession of small amounts of marijuana are skyrocketing in New York. In New York City, marijuana possession is the number one arrest, comprising 15 percent of all arrests in that city. A growing body of research and recent news reports demonstrate that most of these arrests are the result of illegal frisks and searches.
State Senator Mark Grisanti, sponsor of the legislation in the Senate, said, “With New York in serious fiscal crisis, we simply cannot afford to arrest tens of thousands of otherwise law-abiding citizens for possessing small amounts of marijuana – especially when so many of these arrests are the result of illegal searches or mis-charging. Furthermore, the unwarranted racial disparities associated with these arrests are unacceptable. This legislation strikes the right balance by discouraging and punishing possession and use of marijuana while promoting smarter, more effective use of our limited fiscal resources.”
Assemblyman Hakeem Jeffries, sponsor of the legislation in the Assembly, said, “This legislation is an additional step toward a more equitable criminal justice system that treats everyone the same regardless of race or socioeconomic status. During these difficult economic times, our increasingly scarce law enforcement resources should be used in the most efficient manner possible. It is therefore important that the legislature promptly act to address the explosion of improper marijuana arrests.”
A major two-part story by National Public Radio-affiliate WNYC (April 26 and 27, 2011) further confirmed research findings that most people arrested for possessing small amounts of marijuana were either mischarged – charged with a crime they did not commit – and/or illegally searched. Often in the course of a stop-and-frisk encounter, if the police find marijuana in a pocket or bag, they nonetheless arrest and charge the individual with possessing marijuana in public view – a misdemeanor. Many others are compelled by the police to reveal the marijuana in their bag or pocket; the police ask them to “empty out your pockets” or “empty out your bag.” Many people comply with the officer’s request, even though they are not legally required to do so. Once in “public view,” the marijuana possession becomes a misdemeanor – a criminal offense – and then the person is arrested and charged for this offense. The NYPD makes nearly a thousand arrests and jailings a week for simple marijuana possession – one of every seven arrests in NYC is for marijuana possession.
Statewide, nearly 70% of those arrested for possessing small amounts of marijuana are of young people aged 16-29. Nearly 84% of all those arrested are black and Latino, even though studies show that young whites use marijuana at higher rates. Studies by Dr. Harry Levine of Queens College show that among cities and counties in the U.S., Buffalo, Syracuse and New York City rank among the highest in terms of racial disparities associated with arrests for possessing small amounts of marijuana.
“The consequences of an arrest are severe, especially for young people of color who are already disproportionally arrested and incarcerated,” said Kyung Ji Rhee, Director of the Institute for Juvenile Justice Reform and Alternatives. “Young people of color are targeted, illegally searched and being put through the criminal justice system for possessing marijuana. Whatever your opinion may be on marijuana, this is no way to treat or teach young people about the choices they make.”
The April 2011 WNYC story highlighted the extent to which illegal searches lead to these arrests – noting that in the Bronx alone, the District Attorney throws out 10 – 15 cases every day because the police illegally searched and mischarged a person for marijuana possession in public view, when in fact the person possessed marijuana in their pocket or bag.
“I shouldn’t have to feel like a criminal when I walk down the street in my neighborhood,” said Alfredo Carrassquillo, a Community Organizer with VOCAL-NY. “It feels like the police aren’t there to protect the community when they stop, frisk and illegally search people like me just because we’re going home or hanging out in the park. I’ve spent the night in jail multiple times for having a small amount of weed in my pocket because police have used a loophole in the law to arrest me — charging me with marijuana in public view — even though I was never using marijuana in public. We should be spending money on summer youth employment, after school programs, and jobs for people coming home from prison, not illegal arrests.”
Under the reform legislation introduced by Senator Grisanti and Assemblyman Jeffries, possession and use of any amount of marijuana would remain illegal. The reform standardizes penalties for possession of 25 grams or less of marijuana in private or public – violators would be subject to a fine, while multiple violations could lead to a jail sentence.
“These arrests have become a “head start” program into the criminal justice system for young people, especially young black and Latino men,” said Gabriel Sayegh, NY State Director of the Drug Policy Alliance. “Senator Grisanti and Assemblyman Jeffries should be commended for their leadership. Democrat or Republican, upstate or downstate – reasonable people know we cannot afford to spend tens of millions of dollars every year to illegally search, arrest and jail people for possessing small amounts of marijuana, especially when those people can instead be ticketed and fined. There are clearly much more effective ways to spend our limited resources to realize public health and safety.”