BI-PARTISAN LEGISLATION COULD PUT AND END TO NEW YORK'S COSTLY
MARIJUANA ARREST CRUSADE

Pot Arrests Are Highly Expensive for the Taxpayer, Associated Racial
Disparities Are Ghastly, and Just to Ice the Cake, Most of These
Arrests Are the Result of Illegal Searches

Over the last fifteen years in New York, arrests for possession of
small amounts of marijuana have exploded.

These arrests are extremely expensive for the taxpayer, the associated
racial disparities are ghastly, and just to ice the cake, most of
these arrests are the result of illegal searches.

Now, in a rare show of New York bi-partisanship, legislators in Albany
are finally seeking to address the issue.

Senator Mark Grisanti (R-Buffalo) and Assemblyman Hakeem Jeffries (D,
WFP - Brooklyn) introduced legislation to fix the existing marijuana
decriminalization law in New York -- enacted over 30 years ago. The
bill, S.5187/A. 7620, would make possession of small amounts of
marijuana in both private and public subject to a violation.

The Marihuana Reform Act of 1977 was also co-sponsored by a Republican
State Senator and a Democratic State Assemblyman; it made private
possession of 25 grams or less of marijuana (about 7/8 of an ounce) a
violation punishable by a $100 fine, while possession of any amount in
view of the public was made a misdemeanor. The Legislature made an
explicit finding that became part of the 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."

Today, arrests for possession of small amounts of marijuana are
skyrocketing in NY. In 2010 alone, over 54,000 people were arrested
statewide for possessing small amounts of marijuana - over 50,000 of
those arrests occurred in New York City. Those arrested are
handcuffed, taken to the precinct, fingerprinted, photographed, held
in jail for 24 - 48 hours, then released -- with a criminal record.

If marijuana was decriminalized 1977, why are so many people being
arrested today?

The WNYC investigation found 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 arrest and charge the individual
with possessing marijuana in public view - a misdemeanor. For others,
plain trickery is involved -- the police ask them to "empty out your
pockets/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 the person is arrested.

The NYPD makes nearly a thousand arrests a week for simple marijuana
possession - one of every seven arrests in NYC is for marijuana
possession. But in the Bronx alone, the District Attorney throws out
10 -- 15 cases every day because the police 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."

Statewide, nearly 70% of those arrested for possessing small amounts
of marijuana are 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, and a leading advocate for reform. "Young
people of color are targeted, illegally searched and being put through
the criminal justice system.

Whatever your opinion may be on marijuana, this is no way to treat or
teach young people about the choices they make."

It's ironic that these arrests are happening under Mayor Michael
Bloomberg, who in 2001 was asked by reporters if he ever tried
marijuana. He replied, "You bet I did. And I liked it." Today, the
mayor -- who likes to portray himself as a commonsense moderate -- is
silent as his police arrest young people of color en masse for
marijuana possession. More people have been arrested for marijuana
possession under Bloomberg than under Mayors Koch, Dinkins and
Giuliani combined.

That leaves Albany as the last bastion of hope for
reform.

Fortunately, Senator Grisanti and Assemblyman Jeffries have stepped
up. Their smart proposal to save taxpayer dollars, protect against
constitutional violations, and reduce unwarranted racial disparities
in arrests should be embraced by their colleagues as a commonsense
solution to an outrageous problem.