New York City's Massive Marijuana Arrests

New York City remains the marijuana arrest capital of the world, according to an upcoming report by Queens College Professor Harry Levine. In 1993, there were only 900 arrests for possession of small amounts of marijuana, while 40,000 people were arrested in 2008--mostly young Black and Latino men. Dr. Levine calls this a "marijuana arrest crusade." What's going on here?

Dr. Levine's new research builds on a report he co-authored last year, and shows that beginning in the early 1990s, under then-Mayor Rudy Giuliani, the New York City Police Department dramatically increased arrests for possession of marijuana. Those arrests have continued--and in fact increased--under Mayor Michael Bloomberg, even though New York decriminalized possession of small amounts of marijuana decades ago.

The Rockefeller Drug Laws, enacted in 1973, initially included long, mandatory prison terms for drug offenses, including possessing small amounts of marijuana. But in 1977, at the behest of district attorneys and parent teacher organizations, the Legislature took the right step and removed marijuana from the Rockefeller Drug Laws. Why? Because many young white kids were being arrested for pot, and neither parents nor the DAs wanted them saddled with criminal records for an otherwise benign offense. New York thus became one of thirteen states to decriminalize personal possession of marijuana.

Thus personal possession of 25 grams or less is now legally akin to jaywalking or riding your bicycle on the sidewalk--an infraction, not a criminal offense.

Possessing or using "marijuana in public view" remains a misdemeanor offense.

According to Dr. Levine, the vast majority of those arrested aren't smoking in public at all. Instead, the marijuana is uncovered as part of the NYPD's massive stop-and-frisk program, which overwhelmingly targets Black and Latino men. What happens, according to Dr Levine and the hundreds of arrestees and defense attorneys he has interviewed, is that the police tell someone to empty their pockets, and once that person pulls out a small amount of marijuana, they are thus charged with "marijuana in public view."

In this way, the NYPD has arrested tens of thousands of New Yorkers every year for possessing small amounts of marijuana. These arrests are expensive, costing nearly $90 million a year. And there are other costs: an arrest record can result in severe collateral consequences, like loss of employment, or the chance at a college scholarship. Spending the night in one of the City's overcrowded holding pens or in Riker's can itself be traumatic.

The most alarming component of these arrests, however, are the racial disparities. Nearly 90% of all those arrested for possession of marijuana are Black and Latino. Whites comprise 35% of the City population, but make up less than 10% of all those arrested for possession of marijuana. These disparities are not indicators of who uses marijuana--over 1/3 of all adults U.S. have tried marijuana, and anyone on a casual weekend stroll through the Upper West Side or Prospect Park will find a number of white people puffing away.

With the City primary elections just weeks away, one wonders where candidates for public office stand on this issue. Are mass arrests of young Black and Latino men for something the Legislature decriminalized in 1977 a prudent use of taxpayer dollars? If the arrests are thought to serve broader public safety goals, what are they? Are the arrests achieving them? Are massive racial disparities acceptable in service of such goals? Acceptable to whom? The candidates should be asked - and answer - these important questions.

Like President Obama, Mayor Bloomberg has admitted to smoking marijuana-- and even told reporters in his 2001 campaign that he "liked it." He's not alone--hundreds of thousands of New Yorkers regularly smoke marijuana, and millions more have tried it. So after decriminalization, why is New York City the marijuana capital of the world? Dr. Levine's research tries to answer that question, but it's our elected officials who should provide us with answers.

Gabriel Sayegh directs the State Organizing and Policy Project of the Drug Policy Alliance Network .

Comments

[JNarragansett]

Under the normal "Terry Stop" the police are only allowed to frisk for weapons, but not allowed to force you to empty your pockets. Is the "Stop and Frisk" rule different in NY? If not, then what is required is that those who are stopped by the police is to say "No" when the officer asks you to empty your pockets. If you don't have a weapon, and you haven't committed an arrestable offense then they shouldn't be able to search you (assuming that the law does not grant that power in NYC). I'm also curious as to the factors that give rise to a stop and frisk in NYC. Are they simply stopping minority kids, or are they stopping kids who ride around on bikes with backpacks and constantly check their phone (delivery boys on bikes are pretty easy to spot)? Anyone know the justification for the stops or whether there is a distinction between stop and frisk and the terry stop?

[yerro2004]

NYC activist where's the outrage? You now have the City's attention as well as the rest of the country. The momentum to end these failed drug war policies on our own people is gaining traction. Take the opportunity to speak up and let your voices be heard. Unless, what they say about mondern day NYC is true, that 20 years of corporatism and gentrification wiped out community activism? If this is the case, expect more of the same: pricey condos developments for the rich and criminal records for the poor... Let the coutnry and the world see that NYC is still a progressive place.

[Nommo]

Progressive? Look at the stats. Who cares about a bunch of Black and Latino people? There was a time when it was legal to deny a Black person and education. This is just a way around the law, let old custom prevail. The once legal denial of employment, education and housing finds a new means to implement itself.

Thus is any and all competition removed. Why would anyone be opposed to these actions?

[DeaconJoey]

Thank you for bringing this up. Walk through the bar and club areas of the East Village and Lower East Side... the bars with primarily white patrons, and you'll smell marijuana and see people openly smoking marijuana in the streets.

Not one person stopped or arrested. Police drive by with the windows down, and do nothing.

Yet, the vast majority of people arrested for simple possession are black or hispanic minorities. All arrested as the result of the racist "stop and frisk" programs.

Those arrested for Marijuana possession are charged with a Class E Felony, and many who don't agree to an "adjournment in contemplation of dismissal"... essentially a "we'll throw out the charges after six months if you behave" are branded as felons.

This is supposed to be justice?

It's disgusting that Bill Thompson, who's running for mayor against Bloomberg, hasn't said a word about this. He just smirks away.

[yeswedid08]

All large cities are claiming to need money but for NY to throw away money like this is a disgrace. What a way to become a statistic and lose out especially if circumstances are already tough. Hope this article helps in getting people fired up to put an end to this nonsense.

[oscar420]

The best way to fight prohibition is to get one state to vote on it, pass it and watch the dominos fall. This is our opportunity to put our money where our mouth is. Join us in California by donating or volunteering for the California Cannabis Initiative who is working hard at bringing us the Tax, Regulate, and Control Cannabis Act of 2010 to the ballot box. Lets end this senseless war that has drained our local, state and federal treasuries and has destroyed more families and lives than any drug itself could have ever done.

To join or help the fight go to www.californiacannabisinitiative.org

Oscar Chavez
California Cannabis Initiative
San Bernardino County Coordinator