Cuomo Says "Consistency and Fairness" in State's Penal Law is the Goal
Governor Andrew Cuomo today,
joined by legislators, district attorneys, and law enforcement officials, announced
legislation that would make the penalties for private and public possession of
small amounts of marijuana the same, thereby bringing consistency and fairness
to New York State's Penal Law.
The new law is expected to save
thousands of New Yorkers, who are disproportionately Black and Hispanic youth,
from unnecessary misdemeanor charges.
"Today’s
announcement is about creating fairness and consistency in our laws since there
is a blatant inconsistency in the way we deal with small amounts of marijuana
possession," said Governor Cuomo.
"This is an issue that
disproportionately affects young people — they wind up with a permanent stain
on their record for something that would otherwise be a violation. The charge
makes it more difficult for them to find a job. Together, we are making New
York fairer and safer, and ensuring that every New Yorker has access to justice
system that doesn’t discriminate based on age or color."
"What
Governor Cuomo is proposing, is a logical and, unfortunately, necessary
clarification of the law as it exists today. It has become clear that marijuana
possession is being used, regrettably, to permanently scar and taint the
records of thousands of young citizens, predominantly people of color, who have
no record of prior criminal conviction. It is excessive on its face and we need
to address the issue thoughtfully and swiftly," said Assembly Speaker
Sheldon Silver.
Assemblymember
Karim Camara, Chair of the New York State Black, Puerto Rican, Hispanic and
Asian Legislative Caucus, said, "We commend Governor Cuomo for working to
bring fairness to our justice system. This legislation will ensure that
possession of a small amount of marijuana, whether public or private, is
treated as a violation and not as a misdemeanor. This minor offense has dragged
down the future of too many New Yorkers, particularly minority youth, leading
to the deterioration of communities across the state. By properly updating the
law, the Governor is helping to create a safer and stronger state for all New
Yorkers."
"The
proposed legislation takes a balanced approach and comports with the spirit of
the NYPD operations order issued on the subject last year. Further, the
department's ongoing quality of life enforcement is supported by preserving the
penalties for smoking marijuana in public," noted Police Commissioner
Raymond W. Kelly.
Under
the current New York State Penal Law individuals in possession of 25 grams or
less of marijuana, open to public view, can be charged with a Class B
misdemeanor. Private possession of the same amount of marijuana is a finable
violation.
The legislation would make all
possession of small amounts of marijuana, public or private, a finable offense.
Burning marijuana in a public place will remain a misdemeanor.
The
Marijuana Reform Act, signed by Governor Hugh Carey in 1977, made private
possession of a small amount of marijuana a violation punishable by a maximum
fine of $100 for first time drug offenders. Marijuana in public view remained a
misdemeanor.
In
the years since the passage of that law, arrests for possession of small
amounts of marijuana have jumped from approximately 2,000 in 1990 to over
50,000 today – mainly in New York City, where 94% of the arrests occur each
year.
The
increasing emphasis on minor marijuana arrests has a disproportionate impact on
minority youth. Of the individuals who were arrested in New York State last
year, over 50% were under 25 years old and 82% were either Black or Hispanic.
Of those 53,124 arrests, less than
10% were ever convicted of a crime. For those arrested, as well as for the
small number convicted, that blemish on their records remains a barrier to
future employment.
Other noted New York City
representatives expressed their support for the new legislation. They include
the following:
"Safety
and fairness are the twin pillars of our criminal justice system. That is why I
support Governor Cuomo's proposed changes to the law governing possession of
marijuana. This simple and fair change will help us redirect significant
resources to the most violent criminals and serious crime problems, and,
frankly, it is the right thing to do." - Manhattan District Attorney Cyrus
R. Vance, Jr.
"I
fully support Governor Cuomo’s change in the marijuana law. This legislation
will go a long way toward a more balanced approach to drug related offenses and
complement other progressive initiatives already serving our community. It will
lead to a more efficient use of law enforcement resources. I applaud Governor
Cuomo’s leadership on this matter." - Brooklyn District Attorney Charles
J. Hynes
"The
proposed legislation strikes the appropriate balance between the needs of law
enforcement and the concerns of the community. We join our colleagues in law
enforcement in supporting the governor's legislation which will enhance the
fair operation of our criminal justice system." - Queens County District
Attorney Richard A. Brown
"Simply
put, there is no need for the "public view" portion of this law. The
legislature has already decided that possession of small amounts of marijuana
is of minimal concern to our society. Governor Cuomo's proposal would make the
law consistent and obviate the need for many arrests which erode the trust
between the community and law enforcement." - Bronx District Attorney
Robert T. Johnson
"The
Governor was prudent to address some of the concerns that I and other
prosecutors had when these changes were first proposed. The law will continue
to address the disturbance caused by people who openly smoke marijuana in
public, and does not prevent officers from requiring identification from a
violator, thus ensuring that someone wanted for a serious crime does not get
away with just a ticket. On the other hand, I am hopeful the NYPD will be able
to reallocate some of its resources to address more serious crimes, and to
continue to keep this city the safest big city in America." - Staten
Island District Attorney Daniel M. Donovan Jr.
"Through
this common sense reform of the penal code, which encourages fairness and
consistency in the law, Governor Cuomo is enhancing community relationships
with law enforcement. As a prosecutor, I know our relationship with the
community is the most important tool we have in keeping neighborhoods safe.
This reform will enable police officers to continue making our streets safer
while focusing on more serious crimes. I applaud his efforts and I look forward
to implementing these necessary changes." - Nassau County District
Attorney Kathleen Rice
"The
Governor’s call for the changes in police response to contraband discovered
pursuant to a properly conducted stop, question and frisk make sense and runs
parallel with a recent policy change issued by the Police Commissioner. The NYC
PBA is very supportive of clear and precise directions to its members regarding
their police responsibilities in specific instances." - New York City
Patrolmen's Benevolent Association President Patrick J. Lynch
"Overly
punitive charges have a harmful effect on our justice system. They can ruin
lives, waste taxpayer money on unneeded trials, and breed distrust between
communities and law enforcement. Currently, this is the case with public
possession of small amounts of marijuana, particularly for communities of
color, but with Governor Cuomo's legislation, this injustice can soon be a
thing of the past. The Governor should be commended for his leadership and for
his continued efforts to make our justice system fairer for all New Yorkers.” -
Gabriel Sayegh, New York State Director for the Drug Policy Alliance
"Communities
and law enforcement must work together as partners in order to keep our state
safe. However, unreasonably harsh charges for small offenses erode the trust
that is necessary for this partnership to succeed. That is why Governor Cuomo's
legislation is so important. By making the penalty for public and private
possession of minor amounts of marijuana a violation, this legislation will
help restore trust between communities and law enforcement. In the end, New York
will be a safer state because of this legislation." - Donna Lieberman,
Executive Director of the New York Civil Liberties Union
