Gov.: Drop Penalties For Minor Possession
Gov. Andrew M. Cuomo, joined by legislators, district attorneys, and law enforcement officials, announced on Monday, June 4, legislation that would make the penalties for private and public possession of small amounts of marijuana the same.
According to Cuomo, this new bill will save thousands of New Yorkers- who are disproportionately African-American and Hispanic youth-from unnecessary misdemeanor charges.
“Today’s announcement is about creating fairness and consistency in our laws since there is a blatant inconsistency in the way we deal with small amounts of marijuana possession,” Cuomo said on Monday. “This is an issue that disproportionately affects young people-they wind up with a permanent stain on their record for something that would otherwise be a violation. The charge makes it more difficult for them to find a job. Together, we are making New York fairer and safer, and ensuring that every New Yorker has access to justice system that doesn’t discriminate based on age or color.”
“This legislation will ensure that possession of a small amount of marijuana, whether public or private, is treated as a violation and not as a misdemeanor,” added Assemblyman Karim Camara, chair of the New York State Black, Puerto Rican, Hispanic and Asian Legislative Caucus. “This minor offense has dragged down the future of too many New Yorkers, particularly minority youth, leading to the deterioration of communities across the state. By properly updating the law, the Governor is helping to create a safer and stronger state for all New Yorkers.”
“The proposed legislation takes a balanced approach and comports with the spirit of the NYPD operations order issued on the subject last year,” said Police Commissioner Raymond Kelly. “Further, the department’s ongoing quality of life enforcement is supported by preserving the penalties for smoking marijuana in public.”
“I fully support Governor Cuomo’s change in the marijuana law,” said Brooklyn District Attorney Charles J. Hynes. “This legislation will go a long way toward a more balanced approach to drug related offenses and complement other progressive initiatives already serving our community. It will lead to a more efficient use of law enforcement resources.”
“The proposed legislation strikes the appropriate balance between the needs of law enforcement and the concerns of the community,” added Queens District Attorney Richard A. Brown. “We join our colleagues in law enforcement in supporting the governor’s legislation which will enhance the fair operation of our criminal justice system.”
Under the current New York State Penal Law individuals in possession of 25 grams or less of marijuana, open to public view, can be charged with a Class B misdemeanor. Private possession of the same amount of marijuana is a finable violation. This legislation would make all possession of small amounts of marijuana, public or private, a finable offense. Burning marijuana in a public place will remain a misdemeanor.
The Marijuana Reform Act, signed by Gov. Hugh Carey in 1977, made private possession of a small amount of marijuana a violation punishable by a maximum fine of $100 for first time drug offenders. Marijuana in public view remained a misdemeanor.
In the years since the passage of that law, the governor’s office noted, arrests for possession of small amounts of marijuana have jumped from approximately 2,000 in 1990 to over 50,000 today-mainly in New York City, where 94 percent of the arrests occur each year.
The increasing emphasis on minor marijuana arrests has a disproportionate impact on minority youth, Cuomo stated. Of the individuals who were arrested in New York State last year, over 50 percent were under 25 years old and 82 percent were either African-American or Hispanic.
Of those 53,124 arrests, less than 10 percent were ever convicted of a crime, the governor’s office noted. For those arrested, as well as for the small number convicted, that blemish on their records remains a barrier to future employment, according to the governor.
