Progressive Policy Change In New York City

In a surprise joint press conference, Cyrus Vance Jr. and Eric Gonzalez, the respective District Attorneys of Manhattan and Brooklyn in New York City, both announced that with limited exception low-level marijuana-related offenses would no longer be prosecuted.  Both cited a six-month-long study that revealed that there was no discernible impact upon issues of public health and safety by ending the prosecution of these minor cannabis offenses.  The positive side of this new policy is the discontinuance of the persecution of communities predominated by people of color who have been disproportionately arrested and prosecuted for these low-level cannabis offenses.  As such, both District Attorneys publicly vowed that as of August 1, 2018, they would no longer prosecute low-level marijuana possession and consumption cases.    The talismanic significance of that delayed date is unknown as New York City needs this program implemented now, not weeks from now.

This new approach comes on the heels of past mayoral pledges that sought to relax enforcement policies.  Until recent years, an individual caught smoking marijuana was required to be arrested and processed through the system resulting in criminal misdemeanor charges. Often the amount of time elapsing between arrest and arraignment would be anywhere from 12-24 hours or more before a defendant would be produced before the court to answer the charges.  Many of those charged with a cannabis misdemeanor would nonetheless have their cases effectively dismissed by moving under the Penal Law for an “ACD” which meant that the defendant’s case would be adjourned in contemplation of dismissal provided that they not be rearrested during a 6-month post-arraignment period.  The costs for in man hours and salaries to pursue even a single soon to be dismissed arrest was staggering.

Under Mayors Bloomberg and DeBlasio the process was significantly truncated where an individual would be arrested and processed at the police precinct and released with a “DAT” which was a desk appearance ticket advising the defendant to show up in court on a particular day in the future and answer the charges. Those DAT cases most often resulted in ACD status meaning that there was no criminal conviction for the defendant and the arrest would be stricken from their record after the probationary period of time.  But, it appears that prosecution approach was not equally applied to people of color who were still disproportionately arrested and given DATs even though the statistics show that marijuana use is relatively equal in across all ethnicities.  It is this continued evident disparity that has prompted the pronouncement of the District Attorneys.

In a subsequent interview with a reporter at NY-1 news station, Cyrus Vance Jr., the DA for Manhattan, stated in sum and substance that the criminal prosecution of cannabis was essentially futile because there was no further intervention by the legal system which would otherwise admonish or assist the criminal defendant who’s case would eventually be dismissed in any event.

Under the new policy, the individual arrested would be issued a summons for a violation which is not a crime and the punishment being a monetary fine and/or a maximum of 15 days in jail rather than the 1 year period for a criminal misdemeanor conviction for cannabis.

While this is definitely a positive development it still waits to be seen if this new policy is applied more fairly and equally regarding people of color.  As the goal of the violation is for the city to not to continue to incur the expenses of futile criminal prosecutions, it is the goal of the city by means of violations to fill its coffers with monies collected from fines.  These are monies that would not otherwise be collected during the course of a criminal prosecution resulting in an ACD.

It will only be a matter of time to review the statistics to determine if people of color are finally be treated more fairly and equally in the newly proclaimed cannabis friendly administrations.

David Holland, Esq is the Executive and Legal Director of Empire State NORML in New York. You can visit their website by clicking here and follow them on Facebook and Twitter.