New York, NY: New York City Mayor Bill de Blasio and Police Commissioner William Bratton publicly announced plans on Monday to halt the police department’s practice of arresting tens of thousands of minor marijuana offenders annually.
Under the newly proposed policy, set to take effect November 19, city police would issue first-time marijuana offenders a court summons, payable by a fine, in lieu of making a criminal arrest.
Though the Mayor and the Police Commissioner have made pledges in the past to reduce the city’s marijuana arrest totals, which in recent years have averaged nearly 30,000 annually, they have previously failed to do so. Of those arrested for minor marijuana offenses in New York City, a disproportionate percentage (86 percent) are either Black or Latino. Nearly three out of four arrested possessed no prior criminal record.
Although New York state law classifies minor marijuana possession offenses as a non-criminal offense, separate penal law (NY State Penal Law 221.10) defines marijuana possession in a manner that is ‘open to public view’ as an arrestable offense.
Mayor de Blasio called the City’s proposed depenalization policy "a smart policy that keeps New Yorkers safe, but it is also a more fair policy." Those critical of the proposed policy argue that depenalizing marijuana possession offenses to a ticket-like offense likely will not address the disproportionate racial makeup of those cited. They also note that those who fail to respond to a summons may still be arrested and criminally prosecuted.
For more information, please contact Allen St. Pierre, NORML Executive Director, or Erik Altieri, NORML Communications Director, at (202) 483-5500.