Could it be just weed smoke and mirrors?
Monday, Mayor Bill de Blasio and Police Commissioner William Bratton said officers will no longer arrest and charge New Yorkers for low-level marijuana possession, but will instead issue a summons for violation.
However, while some people applauded the apparent shift in policy, in the wake of the Brooklyn district attorney’s July push to stop arresting people found with 25 grams or less of marijuana, others noted that it may just be bait and switch.
Bratton and de Blasio’s policy removes discretion from the district attorneys to dismiss cases, and instead, although people found with small amounts of weed will not be arrested, they will be given summonses, which results in a fine.
“If they can’t pay the fine or don’t show up to court– just once, a bench warrant will be immediately issued and they will be arrested and go through the system,” said Assemblyman Charles Barron. “With the 30,000 arrests in the city, that means not only is it a new revenue stream for the city, but cops will still be harassing Black and Brown youth looking for small amounts of marijuana. The new policy doesnot stop that. This is going to hurt many good people–having them put in handcuffs, put in a police van and taken to Central Booking–over a ticket?”
Apparently, offenders will now have to go to Summons Court on Broadway to appear before a retired judge and be told to pay a fine. Failure to show up or pay the fine may result in a visit to Central Booking. “But they don’t realize that if they pay the fine, they are pleading guilty,” said Barron.
At the dramatic press conference, where Bratton held up a huge bag of “oregano,” the commissioner and the mayor stated that the new policy, which takes effect Nov. 19, addresses the way NYPD officers will enforce the law on low-level marijuana offenses. It was a mandate de Blasio promised to enact when he took office in January in an effort to repair police relations with the Black and Latino communities, which are most disproportionately affected by low-level marijuana criminal arrests.
The mayor said the policy will allow NYPD officers to conduct fewer “unnecessary
arrest stops” and focus more on real crime.
“It will certainly be good for New Yorkers of color and particularly young people of color,” said de Blasio. “We will see how the numbers come out over time, but there is no question in my mind there will be a substantial impact. When an individual is arrested, even for the smallest amount of marijuana, it hurts their chances to get a good job. It hurts their chances to get housing. It hurts their chances to qualify for student loans. It can literally follow them the rest of their lives.”
Under the policy, people who are found with 25 grams or less and are not smoking it will be slapped with a first-offense fine of up to $100, rather than being arrested and charged. A second offense within three years will result in a $300 fine. Bratton said under some circumstances, a person could still face arrest. This will occur when an offender has an active warrant or is wanted, or cannot show proper identification to police. He further added that if the marijuana is being burned or smoked, an arrest should be made.
The announcement of the new policy came weeks after the Drug Policy Alliance released a critical
report, which concluded that in the first eight months of the de Blasio administration,
the NYPD exceeded the number of low-level marijuana arrests made during the same period
last year under the Bloomberg administration.
Under Bloomberg, according to the report, 14,847 arrests on low-level marijuana charges were made in the first eight months of 2013, whereas 15,324 arrests were made during the same time period in 2014 under the current administration. The report said 86 percent of those arrested were Black or Latino, 10 percent were white and 4 percent were of other ethnicities.
Asked about whether Blacks and Latinos might be disproportionately targeted with summonses, Bratton said, “One of the ways to avoid summonses— don’t do it. It’s that simple. Don’t smoke it. Don’t carry it. Don’t use it. It’s still against the law. So I’m not giving get-out-of-jail-free cards.”
Both de Blasio and Bratton made clear that the low-level marijuana reform policy in no way signals that they support the legalization of marijuana.
“I am not comfortable with the notion of legalization,” said de Blasio. “Any substance that alters your consciousness is a potential danger, especially if you’re driving.”
Many elected officials, district attorneys and civil rights groups lauded the new policy, but some reacted with mixed support and caution.
New York state Sen. Daniel Squadron, who has introduced a bill to change the state penal code to decriminalize small amounts of marijuana possession, whether or not it’s in public view, said the city’s new policy is a “big deal to undo a glaring injustice.”
“It is an important acknowledgement that you shouldn’t be able to predict who will be charged with a crime based on race and ethnicity,” said Squadron.
Brooklyn District Attorney Kenneth Thompson applauded the policy change but said he is “concerned” about due process for offenders who get summonses and have to go to court in Manhattan, which is already overburdened.
Thompson told the AmNews, “As Brooklyn DA, I made a decision months ago to no longer prosecute many first-time offenders or individuals found in possession of small
amounts of marijuana because we need to direct our limited law enforcement resources
to more serious crimes like gun violence, sexual assaults and domestic violence. The old approach also resulted in too many unnecessary arrests, particularly of young people of color.
So I applaud the mayor’s new policy, which is a step in the right direction. However, I am concerned about the due process rights of those who will be given marijuana summonses,
which for Brooklyn will be addressed at a location in Manhattan that is already overburdened.”
Writing on CNN.COM, attorney Raul A. Reyes stated, “De Blasio’s plan also holds worrisome implications for due process. Previously, after a person was arrested, the prosecutor’s office
would review the case and decide whether to pursue it. Under the new policy, this crucial step is circumvented. A person who is given a ticket for minor pot possession must appear in a courtroom, even if their arrest was legally questionable.”
U.S. Rep. Hakeem Jeffries, a Brooklyn Democrat, urged that the policy be enforced “equitably across all races.”
“To the extent the Police Department continues to disproportionately enforce the law in Black and Latino communities, any administrative change on minor marijuana possession will constitute window-dressing in the name of reform,” said Jeffries.
Jeffries, a member of the House Judiciary committee and the bipartisan task force on over-criminalization, added, “This change appears to be a step in the right direction and a good-faith attempt by the mayor to achieve a more equitable approach to minor marijuana possession in New York City. However, the new policy must be enforced equitably across all races.”
The Patrolmen’s Benevolent Association, the union representing uniformed NYPD officers, said there needs to be “clear and precise rules” to enforce marijuana laws.
“Writing a summons to someone who does not respect the law can result in a volatile situation,” said Patrick Lynch, president of the union. “Police officers always have to be on guard for violent reaction and resistance, which can put them in danger of physical harm and potential disciplinary charges.”
