Measure Announced in New York to Decriminalize Cannabis in Public View, Among Other Changes
By Drug Policy Alliance
With the continued staggering racial disparities and Governor Cuomo’s re-commitment to ending marijuana arrests, NYC Assembly member Karim Camara and state Senator Daniel Squadron, along with community members and advocates, are calling for reforms that not only end racially bias marijuana arrests but also address the racial bias in the NY criminal justice system and deal with the devastating collateral consequences of these racially biased arrests.
NEW YORK, NY — At a rally on the steps of New York City Hall Wednesday, advocates and elected officials announced plans to reform New York’s ineffective marijuana decriminalization law.
Entitled the Fairness and Equity Act, the legislation calls for comprehensive reform to address racially biased marijuana arrests and devastating collateral consequences.
Last year, there were nearly 30,000 marijuana possession arrests in New York City alone. Based on first-quarter data obtained from the state Division of Criminal Justice Services, NYPD is now on track to make nearly as many marijuana possession arrests in 2014 as it did in 2013, with similarly shocking racial disparities.
Proposals to fix New York’s marijuana possession law have stalled in Albany the past few years. With the continued staggering racial disparities and Governor Cuomo’s re-commitment to ending marijuana arrests, NYC Assembly member Karim Camara and state Senator Daniel Squadron, along with community members and advocates, are calling for reforms that not only end racially bias marijuana arrests but also address the racial bias in the NY criminal justice system and deal with the devastating collateral consequences of these racially biased arrests.
WHAT DOES THE FAIRNESS AND EQUITY ACT DO?
End the racially biased and unlawful arrests of tens of thousands of New Yorkers every year by fixing the law regarding possession of small amounts of marijuana.
In 1977, New York decriminalized private marijuana possession, making it a violation, not a criminal offense (a misdemeanor), but public possession of marijuana was made a misdemeanor. The difference in public/private penalties established a loophole in the law and confusion among law enforcement, and leading to New York becoming the marijuana arrest capital of the world. Approximately 86% of those arrested for possessing small amounts of marijuana are Black and Latino – mostly young men — despite government studies that consistently show that young white men use marijuana at higher rates. Indeed, in New York City, if this trend continues, NYPD is on track to make as many or more marijuana possession arrests in 2014 as they did in 2013. This bill would standardize the penalty for public and private possession of small amounts of marijuana – possession of small amounts of marijuana would remain unlawful, and those violating the law would face a violation and possible fine.
Create a process for those who have been convicted of public possession of small amounts of marijuana to clear their records.
Over the last 20 years, approximately 600,000 New Yorkers have been arrested for possession of small amounts of marijuana in public view – which, under this bill, is no longer a misdemeanor. The vast majority of those arrested had never before been in trouble with the law. The human and fiscal costs of arrests and convictions are staggering. Those arrested are saddled with a criminal record that can follow them for the rest of their lives – easily found on the internet by banks, schools, employers, landlords, and licensing boards. Elected officials from President Obama to New York Governor Cuomo acknowledge that marijuana arrests are racially biased, predominantly impact low-income people, and are a waste of finite law enforcement resources. This provision will allow those people who were victims of New York’s broken marijuana policies to vacate – and seal – their record.
Reduce the harms of collateral consequences resulting from marijuana possession arrests and non-criminal violations.
Marijuana possession arrests and convictions cause tremendous harm. Nurses, security guards, and others licensed by the state can lose their licenses and their jobs from just one misdemeanor marijuana arrest. For immigrants, two guilty pleas to even a non-criminal marijuana possession violation can lead to deportation, and one guilty plea can bar someone from ever returning to the U.S. Family court can remove children from a home because a parent is convicted or just arrested for marijuana possession. A person cannot be considered for public housing with an “open criminal case,” including the typical probation for a first arrest for marijuana possession. Under current law, a person can get an adjournment in contemplation of dismissal (ACD) only once. This bill will provide judicial flexibility to grant additional ACD’s instead of a guilty plea for a marijuana possession offense if a judge deems appropriate. Nobody should be deported or lose their job for simple possession of marijuana.
Standardize the time for sealing a marijuana possession conviction from three years to automatically upon conviction (i.e. immediately), aligning the waiting period for sealing a marijuana violation conviction with all other violation level offenses.
Establish a process to utilize racial/ethnic impact statements for future legislation that modifies New York’s penal code.
Much like environmental and fiscal impact statements, racial/ethnic impact statements help inform legislators before a bill has passed, how proposed legislation may serve to exacerbate racial/ethnic disparities in our criminal justice system.
Fix the definition of what constitutes a “sale” of marijuana.
Under the current law, people who share a marijuana cigarette are considered drug dealers. The Fairness and Equity Act fixes this provision in the law. Possessing or sharing marijuana would remain unlawful, whereas only those individuals who actually sold marijuana would be charged with a criminal sales offense.
Include as a purpose of New York’s penal law the goal of ensuring that laws are enforced equally and fairly and do not result in a disparate impact on people because of their race and ethnicity.