New York City: Police Commissioner Calls On Officers To Curb Marijuana Arrests

[Editor's note: This post is excerpted from this week's forthcoming NORML weekly media advisory. To have NORML's media alerts and legislative advisories delivered straight to your in-box, sign up here. To watch NORML's weekly video summary of the week's top stories, click here.]

New York City police officers are to cease making misdemeanor marijuana arrests in cases where the contraband was not displayed in public view, according to an internal order issued late last week by Police Commissioner Ray Kelly and reported by the New York Post.

Although simple marijuana possession is a noncriminal violation in New York State, if the marijuana is ‘open to public view’ police can charge a suspect with a criminal misdemeanor.

In 2010, city police made 50,383 lowest level marijuana possession arrests [NY State Penal Law 221.10] involving cases where marijuana was either used or possessed in public. The total was the second highest in the city’s history and was an increase of over 5,000 percent from 1990, when police reported fewer than 1,000 low-level pot arrests. Over 85 percent of those charged typically are either African American or Latino.

However, an investigation in April by New York City public radio station WNYC questioned the legality of many of those arrested. It concluded that police routinely conduct warrantless ‘stop-and-frisk’ searches of civilians, find marijuana hidden on their persons, and then falsely charge them with possessing pot ‘open to public view.’

The Commissioner’s new order stipulates that marijuana discovered during a police search is a violation punishable by a ticket only. The memo states that if the contraband ‘was disclosed to public view at an officer’s direction’ then it is not sufficient evidence that a suspect is in violation of state Penal Law 221.10.

Queens College sociologist Harry Levine, who has documented the racial disparity in arrest rates in New York City and elsewhere, stated: “[I’m] pleased that the NYPD agrees that these marijuana arrests have not been proper and will begin to curtail them. We are always encouraged when the police decide to obey the law.” He added: “New York City’s routine policing practices, especially for drug possession, require major reform. This is only the first step.”

Bipartisan legislation that seeks to reduce penalties for those in violation of Penal Law 221.10 to a non-criminal violation remains pending in the state assembly.

An online analysis of marijuana arrest in New York and other major cities nationwide is now available online by the Marijuana Arrests Research Project at: http://www.marijuana-arrests.com.

NORML To Mayor Bloomberg: Stop Arresting So Many Minorities For Marijuana!

Mayor Michael Bloomberg, by most all accounts, is one of the most fascinating political characters of the last decade. A self-made billionaire who, with a clear love for his fellow human beings and with great civic pride, chose to effectively become New York City’s mayor for the last nine years—spending more personal wealth than most any other political candidate in US history, for a mayor’s office no less—as the ultimate expression of his ability and want to positively effect as many people as possible, in a city (and region) that he clearly loves, during his tenure in a position where he can get things done.

Along the way to becoming one of America’s wealthiest individuals, Mr. Bloomberg has donated a remarkable amount of money to many worthy causes, notably in the field to improve public health in America and the world, most especially at his alma mater, one of the best universities in the world, Johns Hopkins in Baltimore.

With good health and continued good fortune, who knows what further impact Mr. Bloomberg will choose to make in national politics in his lifetime? He possess all the requisite skills and resources to become president if that’s what he chooses.

Today we find out that Mayor Bloomberg is once again demonstrating why he is one of the most interesting and charitable politicians in the modern era in reading today’s New York Times about his most recent donation of $30 million to help black and Latino youth get better integrated into the region’s economy, develop valuable skill sets and to find productive employment.

The Times reports that Mayor Bloomberg’s initial grant will be matched by New York City-based hedge fund manager and philanthropist George Soros.

Here is the ironic point to this blog post: If Mayor Bloomberg is genuinely serious about creating more favorable employment environs for black and Latino youth in New York City, he should converse with Mr. Soros, who, has donated more money than anyone on the face of the earth in favor of drug policy reform—notably for cannabis law reforms—who, I’m sure would insist that the good mayor stop arresting black and Latino youth in New York City en mass.

Regrettably, embarrassingly, for such an enlightened and civic-minded man, Mayor Bloomberg has largely maintained the shameful and starkly racially disparate cannabis law enforcement policies that he inherited from former Mayor (and drug prosecutor) Rudolf Giuliani. Mayor Giuliani exploded the annual cannabis arrest rate in the five boroughs of New York City from an average of about 2,000 arrests to an eye-popping 60,000 arrests per year.

Bloomberg’s administration has, on average, maintained an annual arrest rate for simple cannabis possession cases over 45,000, with a disturbing ninety percent of arrests happening to….black and Latino youth.

Mayor Bloomberg, please, listen to Mr. Soros and stop arresting and negatively effecting future employment opportunities for an entire generation of minorities in New York City who got caught doing the same thing you did in your more youthful years.

And look how well you turned out after using cannabis?

Why deny over 45,000 other New Yorkers (and tourists) annually the opportunity to pursue their life’s goals and dreams just because, like you, absent an arrest for your cannabis use, they chose to use a little ganja to relax? Unfortunately for them and New York taxpayers, they’re getting permanently scarred by your feckless and expensive Cannabis Prohibition law enforcement practices in Gotham.

Mayor Bloomberg, your generous and thoughtful donation of $30 million—and that of Mr. Soros’—will be working at cross purposes if you continue to give the green light to the NYPD to arrest 45,000 cannabis consumers annually into the criminal justice system, the vast majority of whom are the very population you’re concerned with.

Mr. Bloomberg, if you’re worried about saving face or “what does the NAACP think about all of this?”, don’t be. Because, hundreds of thousands of cannabis consumers and tourists in New York City will very much appreciate the change in policy and the NAACP now supports changing America’s antiquated Cannabis Prohibition laws.

Mayor Bloomberg, please magnify the positive impact of your philanthropy and concerns for civil society by ending the practice of ‘collaring’ cannabis consumers in New York City, and, instead, return to the cost effective and less detrimental practice to cannabis consumers (notably for minorities) by simply issuing a civil fine in the form of a written ticket for cannabis possession cases rather than employ valuable police time and resources unnecessarily arresting so many black and Latino cannabis consumers.

The Marijuana Arrest Crusade in New York City: Racial Bias in Police Policy 1997-2007

What major city in America has some of the most aggressively enforced cannabis laws (despite the fact that cannabis has been decriminalized there for more than 30 years)? What major city in America arrests nine minorities for every one Caucasian?

Houston? Atlanta? Dallas? Birmingham? New Orleans? Miami?

According to a new and comprehensive report, would you believe the five boroughs that make up New York City?

What was the New York City Police’s reaction to the data? In the New York Times today they of course attack the groups involved in bringing to the public’s attention the department’s overly aggressive and expensive enforcement of what are supposed to be decriminalized cannabis laws, and then make the amazing claim that there were not 350,000 cannabis-related arrests from 1997-2006, but a mere 8,770.

What the ?!*%$?!#@*^$#<:+={/#@7$!!!

The police commissioner, Raymond W. Kelly, has denied that the city’s police officers are using racial profiling in conducting street stops.

The department’s chief spokesman, Paul. J. Browne, said on Tuesday that the report was flawed. He said there were 8,770 marijuana-related violations from 1997 to 2006. In a statement, Mr. Browne said:

The N.Y.C.L.U. has used an advocate for marijuana legalization to mislead the public with absurdly inflated numbers and false claims about bias. (Note that the report was underwritten by the Marijuana Policy Project, a pro-legalization organization). If the N.Y.C..L.U. is for legalization it should just say so without resorting to smears. It has repackaged
virtually the same flawed presentation Harry Levine made to the marijuana legalization lobby group NORML in Los Angeles last year. The report erroneously claims that most of the over 300,000 persons arrested between 1997 and 2006 were not smoking marijuana in public and that they possessed only small amounts of marijuana; in other words, the
infractions were violations. But the actual violations total for 1997-2006 was 8,770; not the 350,000. Between 2002 and 2006, the total was 3,449. Here’s the breakout by year:

1997: 1062
1998: 987
1999: 810
2000: 1394
2001: 1068
2002: 758
2003: 701
2004: 663
2005: 623
2006: 704 (It was 683 in 2007)

Hmmmm….I wonder who is telling the truth here, public advocates or the cops?

At least when NORML confronted Mayor Bloomberg on his 100th day in office in 2002 to stop the NYPD’s then controversial practices such as ‘Operation Condor’ that exploded the cannabis arrest from around 2,000 per year to over 55,000, the NYPD’s public spokesperson did not come out and, shall I say, prevaricate regarding New York City’s verifiable criminal justice data. Back then, the NYPD’s top brass in effect said to NORML and the national media ‘So what if there was an increase in arrest? We were tasked with a quality-of-life, ‘clean up New York City’s streets’ campaign under Mayor Giuliani…’

The documentation of New York City’s massive increase cannabis arrests have been well documented for years (and affirmed by both state and federal data!), so why is the NYPD attempting to now downplay, in such a dramatic way, their nearly 15-year old aggressive policing policy regarding minor cannabis offenses? (more…)