ALBANY, N.Y. (AP) — Gov. Andrew Cuomo on Monday proposed cutting the penalty for public possession of a small amount of marijuana, a change in state law that would defuse some criticism of the New York Police Department's stop-and-frisk policy in minority communities.
With three weeks remaining in the legislative session, Cuomo said his bill to reduce the criminal misdemeanor to a violation with a fine up to $100 would save thousands of New Yorkers, disproportionately black and Hispanic youths, from unnecessary arrests and criminal charges.
"There's a blatant inconsistency. If you possess marijuana privately, it's a violation. If you show it in public, it's a crime," Cuomo said. "It's incongruous. It's inconsistent the way it's been enforced. There have been additional complications in relation to the stop-and-frisk policy where there's claims young people could have a small amount of marijuana in their pocket, where they're stopped and frisked. The police officer says, 'Turn out your pockets.' The marijuana is now in public view. It just went from a violation to a crime."
New York City prosecutors and Police Commissioner Raymond Kelly, whose offices handled almost 50,000 such criminal cases last year, endorsed the Democratic governor's plan. Mayor Michael Bloomberg said the bill largely mirrors the city police directive issued last year for officers to issue violations, not misdemeanors, "for small amounts of marijuana that come into open view during a search."
Manhattan District Attorney Cyrus Vance said it will help them redirect limited resources to serious crime, and key Assembly Democrats expressed support. Some opposition is expected in the state Senate's Republican majority, where a spokesman said they will review the measure once Cuomo submits it.
Possession of less than 25 grams was reduced in state law to a violation in 1977, subject to a ticket and fine. If the pot is burning or in public view, it rises to a misdemeanor that leads to an arrest. Cuomo's proposal differs from pending Assembly and Senate bills because it leaves public pot smoking as a criminal misdemeanor.
Cuomo acknowledged the existing approach disproportionately affects minority youths, with 94 percent of arrests in New York City, more than half of those arrested younger than 25 and 82 percent either black or Hispanic. He also defended keeping smoking pot a crime. "I believe the society does want to discourage the use of marijuana in public, on the street. Smoking a joint, I think, is a different level of activity than just being in possession of it," he said.
According to advocates for decriminalizing it, 14 states, including Oregon and Massachusetts, have lowered penalties for possessing small amounts of marijuana to civil fines in a movement that began in the 1970s. Since 1996, 16 states, including California, have legalized its use for medical conditions, though New York has not.
Kelly said he faced criticism from City Council last year about too many arrests for small amounts of marijuana. He responded that they need to change the state law because officers can't simply turn a blind eye to it.
In response to allegations that police were arresting people for marijuana that was in their pockets until police made them reveal it, Kelly issued a directive last year reminding officers how existing law should correctly be applied. "This (new) law will make certain that the confusion in this situation will be eliminated, and it also mandates that a violation will be charged irrespective as the district attorney said the marijuana is in plain sight or not," he said Monday.
Assemblyman Hakeem Jeffries, a Brooklyn Democrat and sponsor of the Assembly bill similar to Cuomo's proposal, said the racially disparate arrest numbers are a consequence of both the statute and the police stop-and-frisk policies. "The unlawful arrests have declined but not at the level that many had hoped would take place," he said.
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This Week’s Celebrity Instagrams (10/15-10/21)
31 photos Launch gallery
1. Just a NY girl with BIG dreams....
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2. HAPPY CHILDREN=QUALITY PARENTING. We don't always see eye to eye on everything and that's normal. We're human beings. But we come together and do it right for what's important, the kids. We are not enemies, we are parents. And we are parents 1st. S/O to @monyettashaw for making Mason's bday memorable. S/O to @itscrystalsmith at home taking care of our other lil' Prince. ❤️❤️❤️ THIS IS WHAT CO-PARENTING LOOKS LIKE. #Blessed #Happy #AboveTheDrama #BiggerThanUs
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3. So happy to finally be able to share with you all that I’m the new Global Brand Ambassador for @Revlon! Follow my day on RevlonSnaps. Yay! Choose Love, Everybody! #RevlonXCiara #chooselove #ad
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4. Glam on point!!!@makeupbymotoko & @shaylinjoneshair #easybreezy @lifetimetv #beachesmovie #january2017 😘
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5. ✨True love ✨📸: @jessiemarrerophotography
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7. Today was not easy..but by the grace of God we all got through it. Words cannot express our gratitude for all of your Prayers, Positive thoughts and Support for us throughout the years. Tommy will be missed but most certainly never forgotten...And PLEASE don't ask "Where's Martin?.." he was there too...just not in this picture. Lol! God bless you all.. #LoveConquersAll #MartinShow
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9. West coast get ready for #RockyHorror. I will be live tweeting again. #letsdothetimewarpagain
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10. #THEKEYS pre order yours now ... Available everywhere #NOV22 #WeTheBest 🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑
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11. We about to ROCK at #KCABlackBall!! All for our life-changing effort to end 🌎 AIDS.
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12. Today's #SNAPJACK is brought to you by @yazzthegreatest 😂😂😂💋💋💋
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13. Damn girl you kinda old to be headed to the Go Go. You coming in at the age they leaving. LMAO
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14. Daddy daycare B-Boxin with @acewellstucker @shopraisingace
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15. #FBF Naviyd & URV "LIL MONSTERS"
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16. HAPPY BIRTHDAY TO ONE OF THE BIGGEST LEGENDS IN OUR HIPHOP HISTORY! @snoopdogg CONTINUED BLESSING AND LOVE FAMILY!!!!! REAL OG!
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17. Thank you for a beautiful night VSU! Let's do it again! #HOMECOMING
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18. Had a great time this morning with my familia Erica, Griff & Truth!!
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19. Check out my interview on @essence facebook live. #inmyownwords #nycpromo #day2
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20. #She💋 #tbt #TheCoveAtTheAtlantis #DawgPawsAndAll
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21. Bae #retailtherapy
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22. Why me and @coryhardrict got the same pose... and notee... new mouth #naked
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23. When my husband is my personal 'hype-man'! it kills me every time! 💜😂 #WHATNOW #lostfiles📷
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24. Diggy Simmons
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25. Hand full of @jacquieaiche 💙💎💍 @esnail_la 💅🏾
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26. SuperSoulers! You can watch my interview with Carl Lentz live from my Facebook page, tomorrow at 11a ET| 8a PT. #SuperSoulSunday
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27. 💋 .. When the friendship is easy like Sunday morning. ☀️
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28. Sunday mornings are the best........... hugs and cuddles with my angel
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29. #huggar16 #hellohuggars
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30. My gym is everywhere!.. #RnBMoney #TheGeneral 📸: @twelvepastseven
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31. Nothing I would rather be doing... Rocko setting up our movie, Romelō working on a puzzle & Laiyah singing and sharing all she's learning at school... I'm so grateful for the joy they've brought into my life ... Praying for peace , joy & love in the home of EVERY family ♥️ #HeadScarfPJSunday LOL 😂
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