Report: New York City Cops Spent One Million Hours In Staff Time Making Marijuana Possession ArrestsMarch 19, 2013
New York City police spent an estimated one million hours in staff time making low level marijuana possession arrests between the years 2002 and 2012, according to the findings of a study released today by the Marijuana Arrest Research Project and the Drug Policy Alliance.
Authors of the study report that City law enforcement personnel engaged in approximately one million hours of police officer time to make 440,000 marijuana possession arrests over the past 11 years. Authors further estimated that those arrested for marijuana possession in New York City have spent five million hours in police custody over the last decade.
Authors concluded: “[I]t is clear that the marijuana arrests have taken police off the street and away from other crime-fighting activities for a significant amount of time.”
Under state law, the private possession of up to 25 grams of marijuana is a non-criminal civil citation, punishable by a $100 fine. By contrast, the possession of any amount of cannabis in public view is a criminal misdemeanor [NY State Penal Law 221.10].
Previously published data reports that over 90 percent of all marijuana arrests in the state of New York occur in New York City. In 2011, New York City law enforcement spent $75 million arresting approximately 50,000 minor marijuana offenders under Penal Law 221.10. Many of these offenders possessed small amounts of marijuana on their person, and only revealed the cannabis publicly after being ordered by police to empty their pockets during ‘stop-and-frisk’ searches. Over 85 percent of those charged were either African American or Latino.
In his 2013 ‘State of the State’ address, New York Governor Andrew Cuomo lobbied in favor of legislation to equalize the state’s marijuana possession penalties and to reduce the number of low-level possession arrests in New York City. “These arrests stigmatize, they criminalize, they create a permanent record,” he said. “It’s not fair, it’s not right, it must end, and it must end now.”
Full text of the report, “One million police hours making 440,000 marijuana possession arrests ion New York City, 2002-2012,” appears online here.
#1 Colorado and Washington Vote To Legalize Marijuana
Voters in Colorado and Washington made history by approving ballot measures allowing for the personal possession and consumption of cannabis by adults. Washington’s law, which removes criminal penalties for the possession of up to one ounce of cannabis for personal use (as well as the possession of up to 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form), took effect on December 6. Colorado’s law, which allows for the legal possession of up to one ounce of marijuana and/or the cultivation of up to six cannabis plants in private by those persons age 21 and over, took effect on December 10. Regulators in both states are now in the process of drafting rules to allow for state-licensed proprietors to commercially produce and sell cannabis.
#2 Most Americans Favor Legalization, Want The Feds To Butt Out
A majority of Americans support legalizing the use of cannabis by adults, according to national polls by Public Policy Polling, Angus Reid, Quinnipiac University, and others. A record high 83 percent of US citizens favor allowing doctors to authorize specified amounts of marijuana for patients suffering from serious illnesses. And nearly two-thirds of Americans oppose federal interference in state laws that allow for legal marijuana use by adults.
#3 Connecticut, Massachusetts Legalize Cannabis Therapy
Connecticut and Massachusetts became the 17th and 18th states to allow for the use of cannabis when recommended by a physician. Connecticut lawmakers in May approved Public Act 12-55, An Act Concerning the Palliative Use of Marijuana. The new law took effect on October 1. On Election Day, 63 percent of Massachusetts voters approved Question 3, eliminating statewide criminal and civil penalties related to the possession and use of up to a 60-day supply of cannabis by qualified patients. The law takes effect on January 1, 2013.
#4 Schedule I Prohibitive Status For Pot “Untenable,” Scientists Say
The classification of cannabis and its organic compounds as Schedule I prohibited substances under federal law is scientifically indefensible, according to a review published online in May in The Open Neurology Journal. Investigators at the University of California at San Diego and the University of California, Davis reviewed the results of several recent clinical trials assessing the safety and efficacy of inhaled or vaporized cannabis. They concluded: “Based on evidence currently available the Schedule I classification is not tenable; it is not accurate that cannabis has no medical value, or that information on safety is lacking.”
#5 Marijuana Arrests Decline, But Still Total Half Of All Illicit Drug Violations
Police made 757,969 arrests in 2011 for marijuana-related offenses, according to the Federal Bureau of Investigation’s annual Uniform Crime Report. The total marked a decline from previous years. Of those charged in 2011 with marijuana law violations, 663,032 (86 percent) were arrested for marijuana offenses involving possession only. According to the report, approximately 43 percent of all drug violations in 2011 were for cannabis possession.
#6 Long-Term Cannabis Exposure Not Associated With Adverse Lung Function
Exposure to moderate levels of cannabis smoke, even over the long-term, is not associated with adverse effects on pulmonary function, according to clinical trial data published in January in the Journal of the American Medical Association. Investigators at the University of California, San Francisco analyzed the association between marijuana exposure and pulmonary function over a 20-year period in a cohort of 5,115 men and women in four US cities. They concluded: “With up to 7 joint-years of lifetime exposure (e.g., 1 joint/d for 7 years or 1 joint/wk for 49 years), we found no evidence that increasing exposure to marijuana adversely affects pulmonary function. … Our findings suggest that occasional use of marijuana … may not be associated with adverse consequences on pulmonary function.”
#7 Cannabis Use Associated With Decreased Prevalence Of Diabetes
Adults with a history of marijuana use have a lower prevalence of type 2 diabetes and possess a lower risk of contracting the disease than do those with no history of cannabis consumption, according to clinical trial data published in the British Medical Journal. Investigators at the University of California, Los Angeles assessed the association between diabetes mellitus (DM) and marijuana use among adults aged 20 to 59 in a nationally representative sample of the US population of 10,896 adults. Investigators concluded, “Our analysis of adults aged 20-59 years … Showed that participants who used marijuana had a lower prevalence of DM and lower odds of DM relative to non-marijuana users.”
#8 Medical Cannabis Dispensaries Not Associated With Neighborhood Crime
The establishment of medical cannabis dispensaries does not adversely impact local crime rates, according to a federally funded study published in the July issue of the Journal of Studies on Alcohol and Drugs. Researchers reported: “There were no observed cross-sectional associations between the density of medical marijuana dispensaries and either violent or property crime rates in this study.”
#9 Rhode Island Becomes The 15th State To Decriminalize Pot Possession Penalties
Governor Lincoln Chafee signed legislation into law in June amending marijuana possession penalties for those age 18 or older from a criminal misdemeanor (punishable by one year in jail and a $500 maximum fine) to a non-arrestable civil offense — punishable by a $150 fine, no jail time, and no criminal record. The decriminalization law takes effect on April 1, 2013.
#10 Cannabis Reduces Symptoms In Patients With Treatment-Resistant MS
Cannabis inhalation mitigates spasticity and pain in patients with treatment-resistant multiple sclerosis (MS), according to clinical trial data published online in May in the Journal of the Canadian Medical Association. Investigators at the University of California, San Diego assessed the use of inhaled cannabis versus placebo in 30 patients with MS who were unresponsive to conventional treatments. “Smoked cannabis was superior to placebo in symptom and pain reduction in patients with treatment-resistant spasticity,” authors concluded.
Arresting and prosecuting low level marijuana offenders in New York City has little or no impact on law enforcement efforts to reduce violent crime, according to a study released today by Human Rights Watch, an international advocacy organization that focuses on human rights violations worldwide.
The study’s authors reviewed data from the New York Department of Criminal Justice Services to track the criminal records of nearly 30,000 people who had no prior convictions when they were arrested for marijuana possession in public view [NY State Penal Law 221.10] in 2003 and 2004. Researchers assessed whether those arrested for minor marijuana violations engaged in additional, more serious criminal activity in the years following their arrest.
They reported: “[W]e found that 3.1 percent of [marijuana arrestees] were subsequently convicted of one violent felony offense during the six-and-a-half to eight-and-a-half years that our research covers; 0.4 percent had two or more violent felony convictions. That is, 1,022 persons out of the nearly 30,000 we tracked had subsequent violent felony convictions. Ninety percent (26,315) had no subsequent felony convictions of any kind.”
New York City police arrest more people for possessing small amounts of marijuana in public view than for any other offense, the study found. Between 1996 and 2011, police made more than half-a-million (586,320) arrests for this misdemeanor, including a total of around 100,000 in just the 2 years of 2010 and 2011. Of those arrested, the overwhelming majority are either Black or Latino and under 25 years of age.
Investigators concluded: “[T]he rate of felony and violent felony conviction among this group of first-time marijuana arrestees appears to be lower than the rate of felony conviction for the national population, taking into account age, gender, and race. … Neither our findings nor those of other researchers indicate the arrests are an efficient or fair means for identifying future dangerous felons.”
Under New York state law, the private possession of up to 25 grams of marijuana is a non-criminal civil citation, punishable by a $100 fine. By contrast, the possession of any amount of cannabis in public view is a criminal misdemeanor.
In June, Democrat Gov. Andrew Cuomo urged lawmakers to close the ‘public view’ loophole. That effort was ultimately quashed by, Senate majority leader, Republican Dean Skelos, who argued, “Being able to just walk around with ten joints in each ear, and it only be a violation, I think that’s wrong.”
In October, Gov. Cuomo reiterated his support for amending the state’s marijuana laws. Speaking a the New York State Trooper Class of 2012 graduation ceremony, Cuomo said that he “would not consider” convening a special legislative session unless lawmakers were willing to consider reforms to reduce New York City’s skyrocketing marijuana arrest rates.
Many wondered just what the exact effects of passing a marijuana legalization law would be. Some speculated no good would come of passing a state law while it is still in conflict with federal law. Now that we are a few weeks out from passing the two very first marijuana legalization measures in this country, we are beginning to have answers to these questions.
In addition to the legalization of personal possession (and cultivation of 6 plants in Colorado) that is set to go into effect on December 6th in Washington and no later than the first week of January in Colorado, we are beginning to see more positive benefits from the success of these two initiatives. Last week, two of the largest counties in Washington State, King and Pierce Counties, dismissed all pending marijuana possession cases. Clark County dismissed its cases in the days that followed. This week, Boulder County in Colorado dismissed all their pending cases and Spokane is preparing to dismiss many of theirs. It is likely that this trend will continue as we move forward and further counties in both states will also dismiss any of their pending marijuana possession cases.
So, what is the immediate result of the legalization votes on November 6th? Hundreds people will now avoid being tagged with permanent criminal records, will no longer have to appear in court and lose money and time defending themselves for a minor marijuana charge, will no longer have trouble finding employment because of a possession conviction on their record, and will no longer have to spend the mandatory 24 hours in jail that was mandated by Washington State law prior to the passage of I-502. These citizens are simply the first to benefit, there will now be tens of thousands of Americans in Colorado and Washington who won’t have to feel like criminals, pay fines, or serve jail time for the non-violent act of recreationally consuming cannabis.
And, by the way, the rest of the country is taking notice. If you haven’t heard, Rhode Island and Maine will be introducing legalization measures into their state legislatures today.
Just in from Denver 9news, more counties are stopping enforcement of marijuana possession in light of Amendment 64 and are considering dropping pending cases.
In Denver, Denver District Attorney Mitch Morrissey’s office confirmed they don’t anticipate any new charges will be filed for possession of less than an ounce of marijuana for anyone 21 and older, effective immediately. This is provided it is the only offense that would warrant a citation.
Additionally, the approximately 70 pending marijuana possession of less than on ounce cases in Denver will be individually reviewed to determine if charges will be dropped.
According to Denver District Attorney Office spokeswoman Lynn Kimbrough, if the possession charge is combined with other charges, the case will most likely not be dismissed.
In Grand Junction, police have already been told to stop issuing ounce-or-less marijuana tickets, according to police documents obtained by the Grand Junction Daily Sentinel.
Routt County District Attorney Brett Barkey says he plans to meet with senior staff members Thursday to decide whether to proceed with prosecuting petty marijuana cases that are pending in the courts.
Police made 757,969 arrests in 2011 for marijuana-related offenses, according to the Federal Bureau of Investigation’s annual Uniform Crime Report, released today. The total is a decrease from past years. During the years 2006 to 2010, police annually made over 800,000 arrests for cannabis violations.
According to the report, marijuana arrests now comprise one-half of all illicit drug arrests in the United States. Approximately 43 percent of all drug violations are for cannabis possession.
“As in past years, the so-called ‘drug war’ remains fueled by the arrests of minor marijuana possession offenders,” NORML Deputy Director Paul Armentano said. “Cannabis prohibition financially burdens taxpayers, encroaches upon civil liberties, engenders disrespect for the law, impedes upon legitimate scientific research into the plant’s medicinal properties, and disproportionately impacts communities of color. It’s time to stop stigmatizing and criminalizing tens of millions of Americans for choosing to consume a substance that is safer than either tobacco or alcohol.”
Of those charged in 2011 with marijuana law violations, 663,032 (86 percent) were arrested for marijuana offenses involving possession only. The remaining 94,937 individuals were charged with “sale/manufacture,” a category that includes virtually all cultivation offenses.
By region, the percentage of marijuana arrests was highest in the Midwest (61 percent of all drug arrests) of the United States and lowest in the west, where marijuana violations comprised only 29 percent of total drug arrests.
On Tuesday, November 6, voters in three states — Colorado, Oregon, and Washington — will decide on statewide ballot measures that seek to allow for the personal possession and regulated distribution of cannabis for adults. In two states, Colorado and Washington, these measures are ahead in the polls by double digit leads.