Cuomo Supports Closing Major Loophole In NY Pot Decrim Law

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Metro
New York Gov. Andrew Cuomo

NYC Mayor Bloomberg and NYPD Commissioner Kelly Follow Suit
 Advocates Applaud Governor’s Leadership
Coalition Planning Massive Push for Next Two Weeks to Pass Marijuana Reform Law; Includes Major Online Advocacy Campaign Featuring Powerful Video Testimonials, and Hundreds Traveling to Albany to Pressure State Leaders
On Monday,, New York Governor Cuomo, New York City Mayor Michael Bloomberg and NYPD Police Commissioner Ray Kelly all came out in support of ending the practice of arresting individuals for possessing small amounts of marijuana in public view.

They acknowledged what advocacy groups, researchers, and elected officials have exposed as the NYPD’s unlawful practice mischarging and arresting people for marijuana possession after an illegal search or when the person complies with an NYPD officer’s directive to “empty their pockets.” This process, the Governor and advocates believe, needlessly criminalizes young people – especially young people of color – and harms the relationship between law enforcement and the community.  
The announcement comes on the heels of growing pressure from lawmakers and reform advocates.

Drug Policy Alliance
Gabriel Sayegh, Drug Policy Alliance: “We cannot have laws applied differently to different groups of people when the dividing line is race”

A campaign led by the Drug Policy Alliance, the Institute for Juvenile Justice Reform and Alternatives, and VOCAL has gained the support of City Council members and state legislators. The bipartisan legislation in Albany, S.5187 (Grisanti) / A.7620 (Jeffries), would standardize penalties for marijuana possession, ending tens of thousands of racially biased and unlawful arrests for marijuana possession every year.
A Resolution in the New York City Council, 0986, calls for an end to these arrests by supporting the legislation in Albany.
While advocates applauded these developments, they also expressed caution.
“Governor Cuomo has demonstrated real leadership and with his recognition that the NYPD is unlawfully arresting tens of thousands of young people; this is a tremendous advancement to ending these egregious police practices,” said Gabriel Sayegh, New York state director for the Drug Policy Alliance. “We cannot have laws applied differently to different groups of people when the dividing line is race,” Sayegh said.
“The legislature must now act and reform these policies, and only then will New York fully realize the intent of the 1977 marijuana decriminalization law,” Sayegh said.

NY Council for the Humanities
Kyung Ji Rhee, director, Institute for Juvenile Justice Reform and Alternatives: “Governor Cuomo’s call is well appreciated and welcomed by a growing coalition of faith and civil rights leaves who have been working to ensure a jail-free future for our youth”

“Governor Cuomo’s call is well appreciated and welcomed by a growing coalition of faith and civil rights leaders who have been working to ensure a jail-free future for our youth by investing in community development and resources that are far more effective at guiding our youth in the choices they make towards fulfilling their best potential,’ said Kyung Ji Kate Rhee of the Institute for Juvenile Justice Reform and Alternatives, a division of Center for NuLeadership.
 
The arrest statistics say it all. Just 34,000 people were arrested for marijuana possession from 1981 to 1995 – but in the last 15 years more than 600,000 people were arrested for possession. More than 50,000 people were arrested for cannabis possession in 2011 alone, far exceeding the total marijuana arrests from 1981-1995.
Most of those arrested — nearly 85 percent — are Black and Latino, despite federal government data on drug use showing that whites use marijuana at higher rates.
Most of these arrests are the result of illegal searches by the NYPD, as part of its controversial “stop-and-frisk” practices. Marijuana was decriminalized in New York State in 1977 – and that law is still on the books.

Brian Palmer/North Star Fund
Alfredo Carrasquillo, VOCAL NY: “This shows great leadership by our governor to address racially biased practices”

Smoking marijuana in public or having marijuana visible in public, however, remains a crime.  Most people arrested for marijuana possession are not smoking in public, but simply have a small amount in their pocket, purse or bag. Often when police stop and question a person, they say “empty your pockets” or “open your bag.” Many people comply, even though they’re not legally required to do so.
If a person pulls mariĀ­juana from their pocket or bag, it is then “open to public view.” The police then arrest the person.
“By taking up this issue Governor Cuomo is taking a major step forward to ending the criminalization of young men of color,” said Alfredo Carrasquillo, community organizer for VOCAL New York and a former victim himself of illegal marijuana arrests. “This shows great leadership by our governor to address racially biased practices and restore the relationship between communities of color and our government.”
To make sure the Legislature acts, a major coalition that includes national organizations is launching a massive push over the next two weeks of the legislative session.
On Tuesday, the groups, including Color of Change, will release an online advocacy campaign featuring powerful video testimonials from people who have been illegally searched and falsely charged for marijuana possession in New York City. On June 12, hundreds of advocates will travel to Albany to pressure state leaders to pass legislation that would end the 50,000 annual low-level marijuana possession arrests in New York.
 
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