New York City

Manhattan follows Brooklyn’s lead, stops prosecution of minor marijuana cases

November 13, 2014 By Charisma L. Troiano, Esq. Brooklyn Daily Eagle
Brooklyn District Attorney Kenneth Thompson. AP Photo/Seth Wenig
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Fewer people will be prosecuted for marijuana offenses in New York City due to a new policing policy announced by Mayor Bill de Blasio earlier this week. The new course of action comes months after Brooklyn District Attorney Kenneth Thompson announced an analogous effort for Brooklyn prosecutions.

“I applaud the mayor’s decision to no longer arrest first-time offenders or individuals found in possession of small amounts of marijuana citywide, similar to the approach that I have taken in Brooklyn,” Thompson said in a statement Monday.

Under the city’s policy set to take effect Nov. 19, instead of being arrested for misdemeanor charges that carry potential punishments of up to three months in jail, many people will get court summonses and face non-criminal violations punishable by fines starting at $100.

De Blasio and NYPD Commissioner Bill Bratton noted that people caught smoking would still be arrested, as will people with open warrants or no identification. 

In July, Thompson announced that Brooklyn would forgo prosecution on persons arrested for small amounts of the drug, citing concerns for judicial efficiency to explain the policy shift.

“This new policy is a reasonable response to the thousands of low-level marijuana arrests that weigh down the criminal justice system,” Thompson said in July.

Thompson declared that the primary purpose was to reduce the burden on the criminal justice system. In spite of the options afforded for first-time offenders, “[t]he processing of these cases exacts a cost on the criminal justice system and takes a toll on the individual,” explained Thompson.

“Given that these cases are ultimately — and predictably — dismissed, the burdens that they pose on the system and the individual are difficult to justify. We are pouring money into an endeavor that produces no public safety benefit,” the district attorney added.

 De Blasio and Bratton echoed Brooklyn’s sentiments.

“[P]ossession of small amounts, with certain exceptions, is not considered a high enough level of offense to merit the time and resources the department spends when arresting people, or the potential associated consequences of criminal justice involvement for the arrestees,” Bratton said Monday.  

“We are also enhancing public safety with this new initiative by directing police resources towards more serious crime and not wasting officer time processing unnecessary arrests,” the mayor said.           

What sets Brooklyn’s policy apart from de Blasio’s plan, however, is court interaction.

Under Thompson’s regime, first-time offenders or those with a minimal criminal record will not enter the system, and their cases will be summarily dismissed.

The city, on the other hand, will still require offenders to appear in court. According to a statement obtained from the city’s press department, persons will be ordered to appear via a criminal court summonses in lieu of arrest.

Though commending the city’s turn toward progression, Thompson cautioned, “I am concerned about the due process rights of those who are given marijuana summonses.” 

While both plans appear innovative, many wonder whether it is truly innovative or a continuation of policies already codified in New York’s legal code.

New York law already makes it a violation — a non-criminal offense — to have up to 25 grams of marijuana in a pocket or bag, but the offense rises to a misdemeanor if the pot is being smoked or is “open to public view.” And further, New York Criminal Procedure Law mandates that first-time offenders charged with the unlawful possession of marijuana have their case dismissed or adjourned in contemplation of dismissal (ACD).

“Thompson’s policy is a step in the right direction, but typically, first-time arrests are entitled to marijuana ACD anyhow,” attorney Michael Mullen explained.

In Brooklyn, it may be that first-time defendants will be afforded this built-in defense much sooner following an arrest. A spokesperson from the Brooklyn D.A.’s Office informed the Brooklyn Daily Eagle, that while ACDs will still be effective, the goal of the policy shift is to prevent defendants from even entering the criminal justice system to begin with.

In order to receive an ACD or an immediate dismissal, a first-time offender would need to appear in front of a judge with the judge making the final determination on how to dispose of the case. In Brooklyn “cases will be dismissed prior to arraignment for those with little or no criminal record,” as noted by the D.A.’s Office.

This policy does not express approval for the use of marijuana and should not be interpreted as such. The policy will not apply to those who smoke marijuana in public, or in the presence of children.”

Similar exceptions apply to the city’s plan. The city has confirmed that person with an active warrant, that are wanted in connection with an active investigation, tare charged with another finger-printable offense or they have no proper identification, will not be eligible for a summons.

 “Make no mistake, marijuana is still illegal in New York City. People smoking marijuana in public will continue to be arrested,” Bratton said.  

“[This] action is the latest in a series of steps Commissioner Bratton and I have taken to rebuild the relationship between the NYPD and the communities they serve,” de Blasio concluded.

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-The Associated Press contributing

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