Cuomo Seeks to Decriminalize 'Open Air' Marijuana Arrests

Update, 6:40 p.m.: NYPD Police Commioner Raymond Kelly just released a statement strongly supporting Cuomo's proposed legislation, saying it would eliminate confusion.

"I think it’s a balanced approach," he said in the statement, "and it’s significant in that it supports our quality of life efforts in that smoking it in public or burning it is still a misdemeanor, still a crime. And I want to make certain, because there is some misinformation on this—Mayor Bloomberg totally supports this legislation. He hopes that it passes in this session, as do I."

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Update, 1:50 p.m.: The New York Times says that Mayor Bloomberg announced his support today for Gov. Cuomo's plan to decriminalize "open air" marijuana arrests.

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Gov. Andrew Cuomo plans to call for the decriminalization of small amounts of marijuana in public view found as a result of stop-and-frisk questioning, says the New York Times.

According to the Times, lawmakers in minority communities have argued that young men found in possession of small amounts of marijuana after being stopped by police “are being needlessly funneled into the criminal justice system,” and have a hard time finding employment as a result.

In late February, Assemblyman Hakeem Jeffries, D-Fort Greene, reintroduced a bill that would make (indicative of personal use) a violation, punishable by a $100 fine.

"The explosion of misdemeanor arrests in communities of color have needlessly scarred tens of thousands of lives and hurt the ability of many to secure employment, gain admission to college, obtain financial aid or live in public housing," Jeffries said in a statement in February.

Cuomo’s proposal would reduce the penalty for the possession of 25 grams or less of marijuana in public view to a violation, says the article, though unlike Jeffries’ plan, would continue to classify as a misdemeanor.

According to the Times, the NYPD made 50,684 arrests last year for possession of a small amount of marijuana, despite a directive from NYPD commissioner Ray Kelly instructing officers to not arrest people who take small amounts of marijuana out of their pockets during a questioning stop.

In fact, since January, have appeared in the Carroll Gardens Patch weekly crime blotter regarding individuals who were seen or on them during questioning. 

On Monday afternoon, Sen. Daniel Squadron (D-Cobble Hill) released a statement in support of the Governor's proposal.

"In large parts of our City, entire communities feel like suspects targeted by law enforcement instead of citizens protected by it," wrote Senator Squadron. "It is simply unfair that some New Yorkers—especially young black and latino men—are disproportionately singled out when it comes to enforcing this statute, one of the factors leading to major concerns with the way stop and frisk is implemented."

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