Flanked by prosecutors from three big counties, prominent African-American legislators and New York Police Commissioner Ray Kelly, Gov. Andrew Cuomo announced support for a bill that would decriminalize the public possession of small amounts of marijuana.
But the governor cast the legal change as a balancing act that, rather than have a major step toward further decriminalization simply mends a “blatant inconsistency” in the current law. Currently, someone who keeps less than 25 grams of marijuana in his pocket can simply be charged with a non-criminal violation punishable by a $100 fine.
But someone who has marijuana in public view — carrying it in their hand, say — is subject to a misdemeanor charge. This involves arrest, fingerprinting, and sometimes a night in jail waiting for arraignment. Ninety-four percent of such charges occur in New York City, mainly as off-shoots of the NYPD’s “stop and frisk” program. Civil libertarians and some legislators, particularly those representing minority neighborhoods, said many of these charges occur when NYPD officers order people to empty their pockets.
Statistics show those charged with misdemeanor marijuana possession are disproportionately young and non-white.
“The effect of a criminal conviction on a young person can change the trajectory of your entire life,” Cuomo said.
He stopped short of criticizing the NYPD’s stop and frisk tactics as Kelly sat beside him, but said this legislation would help remedy an “aggravated complication” from the program.
It will still be a misdemeanor to smoke marijuana in public.
The Capitol Confidential team: