Costing taxpayers a whopping $75 million dollars in 2010 in enforcement, low-level marijuana possession is the most common reason for arrest in New York City. According to the New York Division of Criminal Justice, over 50,000 people were arrested in 2010 for low-level marijuana possession; that's approximately 140 arrests per day for misdemeanor marijuana possession.
$75 Million per Year? Is it Worth It?
Each misdemeanor marijuana arrest comes with a $1000-$2000 price tag for the taxpayers of New York, by a conservative estimate. Dr. Harry Levine, an expert on nationwide marijuana arrests and professor at the City University of New York, says, "These arrests are wildly expensive, do not improve public safety and create permanent criminal records which seriously damage the life chances of the young people targeted and jailed."
Rather than going to support critical social or human services programs, precious state money is being funneled to apprehending what should be a non-criminal offense. The Marihuana Reform Act of 1977 decriminalized possession of 25 grams or less (slightly under an ounce) after a finding by the Legislature that the, "criminal penalties are inappropriate for people who possess small quantities of marihuana (sic) for personal use."
If Low-Level Marijuana Possession is not Illegal, What's the Basis for an Arrest?
New York law permits an officer to "stop and frisk" an individual if the officer has a reasonable suspicion that the individual is involved in a crime. A stop and frisk allows an officer to legally search a person's outer clothing to spot a concealed weapon. During the stop, it's common for an officer to ask the individual to empty their pockets because the officer does not have the legal authority to search pockets or purses at this point.
Emptying one's pockets is not considered a search by an officer, but as the stopped individual's consent to a search. When a small amount of marijuana is concealed, in a pocket or in a purse, it is not a criminal act. But, the moment the marijuana is "in the public view" the possession of it becomes a misdemeanor, an offense that allows an officer to arrest the stopped individual.
"Know Your Rights, Build Your Future"
According to a press release from the Drug Policy Alliance (DPA), marijuana use peaked in the 80s, based on information collected by the U.S government. But the NYPD, particularly since Mayor Bloomberg took office, has reported consistently increasing numbers of arrests for marijuana possession over the last six years.
To make matters worse, New York City's minority residents seem to be disproportionately targeted. Over 85 percent of those arrested for marijuana possession are Black or Latino. "The NYPD and Mayor Bloomberg are waging a war on young Blacks and Latinos in New York," stated Kyung Ji Rhee, Director of the Institute for Juvenile Justice Reforms and Alternatives (IJJRA).
An arrest for possession of marijuana can have disturbing effects. "These 50,000 arrests for small amounts of marijuana can have devastating consequences for New Yorkers and their families, including: permanent criminal records, loss of financial aid, possible loss of child custody, loss of public housing and a host of other collateral damage, " explained Rhee.
The DPA and IJJRA have teamed up to combat these enforcement practices, creating the "Know Your Rights, Build Your Future" initiative. The program promotes awareness of the legal rights of New Yorkers through monthly training sessions held throughout the city. The two organizations are also pressuring the City Council to take a closer look at the enforcement policies of the NYPD, including the financial and human costs of this war on marijuana possession.
If you have been arrested for marijuana possession in New York, it's important to consult with an experienced criminal defense attorney who can inform you of your rights under the law.
