Releaf Magazine
3Feb/120

Don’t they have bigger issues?

New York City: Still The Marijuana Arrest Capital Of The World

February 2, 2012

By Paul Armentano, NORML Deputy Director

Low level marijuana arrests in New York City rose for the seventh straight year in 2011 to 50,680. The arrest total is the highest total on record since former pot smoker Mayor Michael Bloomberg took office and it is the second highest total of pot arrests ever recorded in the history of the city (just 587 arrests behind the record holding year 2000, when Mayor Rudolph Giuliani oversaw some 51,267 people arrested for marijuana violations).

Shockingly, the near-record high arrest total comes just months after New York City Police Commissioner Ray Kelly called on officers to cease making marijuana misdemeanor arrests. Apparently, NYPD officers aren’t very good at listening to their commanding officer.

Of course, what is most troubling about these arrest figures is that under state law they largely shouldn’t be occurring at all. Since 1977, New York State law has categorized the possession of 25 grams of marijuana or less as a violation, not a misdemeanor crime. So then how are NYPD making so many misdemeanor pot arrests? By violating the spirit of the law, if not the law itself.

Rather than ticketing low level marijuana offenders, City police for over a decade have been taking advantage of a separate statute, NY State Penal Law 221.10, which makes it a criminal misdemeanor to possess pot if it is ‘open to public view.’ According to an investigation last year by New York City public radio station WNYC, it was determined that City cops routinely conduct warrantless ‘stop-and-frisk’ searches of civilians, find marijuana hidden on their persons, and then falsely charge them with possessing pot ‘open to public view.’

And what has been the result of these illegal ‘stop and frisks?’ A press advisory issued yesterday by the Drug Policy Alliance lists the grim details.

– The NYPD has made more than 100,000 marijuana possession arrests for the last two years; nearly 150,000 marijuana possession arrests in the last three years; and more than 227,000 marijuana possession arrests in the last five years.

– New York City spent at least $150 million in the last two years and has spent at least $340 million in the last five years making marijuana possession arrests.

– In the last decade since Michael Bloomberg became mayor, the NYPD has made 400,038 lowest level marijuana possession arrests at a cost to taxpayers of $600 million dollars.

– Nearly 350,000 of the marijuana possession arrests made under Bloomberg are of overwhelmingly young Black and Latino men, despite the fact that young whites use marijuana at higher rates than young Blacks and Latinos.

– In the last five years, the NYPD under Bloomberg has made more marijuana arrests (2007 to 2011 = 227,093) than in the 24 years from 1978 through 2001 under Mayor Giuliani, Mayor Dinkins, and Mayor Koch combined (1978 to 2001 = 226,861).

Commissioner Kelly’s 2011 memorandum explicitly directed officers to stop charging defendants with criminal misdemeanors in instances where the contraband ‘was disclosed to public view at an officer’s direction.’ Nevertheless, the record number of low level pot arrests appears to be continuing unabated. Most likely, it will take an act of law to stop this practice.

Fortunately, bipartisan legislation is pending in both the New York State Assembly and Senate to stop this disgusting, ongoing practice. Assembly Bill 7620 and Senate Bill 5187 reduce marijuana penalties involving cases where where marijuana was either consumed or allegedly possessed in public from a criminal misdemeanor to a non-criminal violation. Passage of SB 5187 and AB 7620 will save taxpayer dollars, protect New York City’s citizens against illegal searches, and reduce unwarranted racial disparities in arrests by clarifying the law and standardizing penalties for marijuana possession offenses.

If you reside in New York and want to end the City’s dubious distinction of being the ‘marijuana arrest capital of the world,’ then please contact your state elected officials today and urge them to support SB 5187 and AB 7620. You can do so via NORML’s ‘Take Action Center’ here.

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8Dec/111

Power in numbers

Marijuana arrests fall in New York after rule change

(Reuters) - Arrests for misdemeanor marijuana possession have fallen 13 percent in New York City since September, when the police department relaxed its enforcement policy, a police spokesman said on Wednesday.

New York City police made 1,190 fewer marijuana arrests since Commissioner Raymond Kelly's September 19 directive, compared to the same nine-week period a year ago, spokesman Paul Browne said.

A coalition of groups that has criticized the police force for its aggressive approach to marijuana possession called the numbers a "disappointing drop" and said New York City remains the "marijuana arrest capital of the world."

"Unfortunately, these figures are cause for outrage, not celebration," Gabriel Sayegh of the Drug Policy Alliance said in a statement. "In this economy, Mayor Bloomberg and the NYPD are wasting millions of tax dollars by using illegal searches and false charges to sweep tens of thousands of black and Latino youth into the criminal justice system.

A person who is caught smoking marijuana, or has a small amount of it in public view, is still subject to arrest, according to the guidelines. But in cases where "the same small amount" is discovered in a suspect's pockets during a police search, it is considered a violation, punishable by summons, Brown said.

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18Aug/110

Even good parents medicate sometimes…..

No Cause for Marijuana Case, but Enough for Child Neglect

By MOSI SECRET nytimes.com

The police found about 10 grams of marijuana, or about a third of an ounce, when they searched Penelope Harris’s apartment in the Bronx last year. The amount was below the legal threshold for even a misdemeanor, and prosecutors declined to charge her. But Ms. Harris, a mother whose son and niece were home when she was briefly in custody, could hardly rest easy.

The police had reported her arrest to the state’s child welfare hot line, and city caseworkers quickly arrived and took the children away.

Her son, then 10, spent more than a week in foster care. Her niece, who was 8 and living with her as a foster child, was placed in another home and not returned by the foster care agency for more than a year. Ms. Harris, 31, had to weather a lengthy child neglect inquiry, though she had no criminal record and had never before been investigated by the child welfare authorities, Ms. Harris and her lawyer said.

“I felt like less of a parent, like I had failed my children,” Ms. Harris said. “It tore me up.”

Hundreds of New Yorkers who have been caught with small amounts of marijuana, or who have simply admitted to using it, have become ensnared in civil child neglect cases in recent years, though they did not face even the least of criminal charges, according to city records and defense lawyers. A small number of parents in these cases have even lost custody of their children.

New York City’s child welfare agency said that it was pursuing these cases for appropriate reasons, and that marijuana use by parents could often hint at other serious problems in the way they cared for their children.

As states and localities around the country loosen penalties for marijuana, for both recreational and medical uses, they are increasingly grappling with how to handle its presence in homes with children. California, where the medical marijuana movement has flourished, now requires that child welfare officials demonstrate actual harm to a child from marijuana use in order to bring neglect cases, and defense lawyers there say the authorities are now bringing fewer of them.

But in New York, the child welfare agency has not shied from these cases. For these parents, the child welfare system has become an alternate system of justice, with legal standards on marijuana that appear to be tougher than those of criminal courts or, to some extent, of society at large. In interviews, lawyers from the three legal services groups that the city hires to defend parents said they saw hundreds of marijuana cases each year, most involving recreational users.

The lawyers said they currently had more than a dozen cases on their dockets involving parents who had never faced neglect allegations and whose children were placed in foster care because of marijuana allegations.

Lauren Shapiro, director of the Brooklyn Family Defense Project, which defends most parents facing neglect charges in Family Court in Brooklyn, said more than 90 percent of the cases alleging drug use that her lawyers handle involve marijuana, as opposed to other drugs.

“There is not the same use of crack cocaine as there used to be, so they are filing these cases instead,” Ms. Shapiro said.

Marijuana is the most common illicit drug in New York City: 730,000 people, or 12 percent of people age 12 and older, use the drug at least once annually, according to city health data.

Over all, the rate of marijuana use among whites is twice as high as among blacks and Hispanics in the city, the data show, but defense lawyers said these cases were rarely if ever filed against white parents.

Michael Fagan, a spokesman for the Administration for Children’s Services, said the defense lawyers were offering a simplistic portrayal of these cases.

“Drug use itself is not child abuse or neglect, but it can put children in danger of neglect or abuse,” Mr. Fagan said. “We think the argument that use of cocaine, heroin or marijuana by a parent of young children should not be looked into or should simply be ignored is just plain wrong.”

Mr. Fagan said most of the cases involved additional forms of neglect, like a child who is not going to school or who has been left unattended.

“In other times, we find that admitted marijuana use masks other substance abuse,” Mr. Fagan said.

But lawyers for parents countered that the agency often brought neglect charges based solely on recreational marijuana use, then searched later for other grounds to bolster cases.

“In some cases, there are other allegations, but we think they are add-ons,” said Susan Jacobs, executive director of the Center for Family Representation, which works in Manhattan and Queens. “The reason the person is being brought into Family Court is the marijuana use.”

Ms. Jacobs cited the case of a former client, Jose Gunnell, 23, of Harlem, who lost custody of his 1-year-old daughter in March after an employee at a homeless shelter where he was staying found a $5 bag of marijuana in his room during an inspection.

Mr. Gunnell said in an interview that he stopped smoking marijuana in 2010 but that he used it again in March after having an infected tooth pulled. “The wound wouldn’t close,” he said. “I was getting hungry, but I couldn’t eat. I bought weed.”

The neglect petition that the Administration for Children’s Services filed against Mr. Gunnell shows that he admitted to smoking marijuana to develop an appetite.

The agency’s petition also said that his daughter did not always have adequate clothing, that shelter workers once smelled alcohol on Mr. Gunnell’s breath and that his room was dirty and had an odor.

The agency would not comment on Mr. Gunnell’s case or on others described by defense lawyers, citing confidentiality rules.

Ms. Jacobs acknowledged that the Administration for Children’s Services might at times correctly determine that marijuana use was one of many serious problems in a family, but she contended that those were only a minority of the cases.

State law makes possession of as much as 25 grams of marijuana — enough for 20 or 30 marijuana cigarettes — a violation similar to a traffic offense, punishable by a fine of up to $100. The Administration for Children’s Services does not track the number of parents facing marijuana allegations. It compiles statistics only on the total number of neglect cases for drugs and alcohol, rather than for individual drugs. There were 4,891 such cases in 2010.

State law considers a child neglected if his or her well-being is threatened by a parent who “repeatedly misuses” a drug. But the law does not distinguish marijuana from heroin or other drugs. The law says that if parents have “substantial impairment of judgment,” then there is a presumption of neglect, but it does not refer to quantities of drugs.

Furthermore, the law does not require child welfare authorities to catch parents while they are high or with drugs in their possession. Simply admitting past use to a caseworker is grounds for a neglect case.

In marijuana cases, as in all others, caseworkers have the obligation to remove children who they believe are in imminent danger, but they can recommend that the agency file neglect charges against the parents without removing the children. They can also close cases for unsubstantiated allegations.

Neglect findings, while sometimes allowing parents to keep their children, can have serious repercussions. They prohibit parents from taking jobs around children, like driving a school bus or working in day care, or from being foster care parents or adopting. And they make it easier for Family Court judges to later remove children from their homes.

The findings stay on parents’ records with the Statewide Central Register until their youngest child turns 28.

The policy of the Administration for Children’s Services to pursue marijuana cases is not widely known. But when told of it, some lawmakers said the agency was overstepping its authority.

“I would hope that A.C.S., knowing what a wide-net strategy the N.Y.P.D. is using, would treat marijuana arrests with a grain of salt,” said Brad Lander, a Democratic city councilman from Brooklyn. “A neglect charge should not be leveled.”

Ms. Harris, the woman briefly held in custody in the Bronx, said the police had searched her apartment because they believed drugs were being sold there, an allegation that she denied. She said the small bags of marijuana the police found belonged to her boyfriend and were for his personal use. She tested negative for drugs after she was released.

The Administration for Children’s Services filed neglect charges about a week after Bronx prosecutors declined to press charges. Ms. Harris was represented by the Bronx Defenders, a nonprofit organization that provides legal assistance to Bronx residents.

In a hearing the next day, the agency agreed to return Ms. Harris’s son on the condition that her boyfriend not return to the home, that she enroll in therapy and submit to random drug screenings, and that caseworkers could make announced and unannounced visits to her home. Ms. Harris’s case was closed in April without a finding of neglect.

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9Jun/111

STOP NYC CANNABIS CORRUPTION! PLEASE CHECK OUT THIS LINK!

Tell Mayor Bloomberg: Stop NYPD's racially targeted marijuana arrest crusade

Please take the time and help.-UA                       Click on this link:     http://act.colorofchange.org/sign/nypd?referring_akid=.1441721.y1ZC3U&source=facebook

New York City’s police are targeting Black and Latino neighborhoods with a massive campaign of harassment and illegal frisks and searches in a push for marijuana arrests. NYPD arrests tens of thousands of people for possessing small amounts of marijuana each year, and 86% of them are Black or Latino — even though White people use marijuana at higher rates. Marijuana possession is supposed to be treated like a traffic violation in New York. But police are falsely charging people with having marijuana “in public view,” and giving thousands of young people a criminal record which can follow them for the rest of their lives, severely limiting their freedom and opportunities.

Mayor Bloomberg is the one person who can immediately order NYPD to stop this. Please join us in calling on Mayor Bloomberg to end this racially-biased, destructive and expensive policy.



http://act.colorofchange.org/sign/nypd?referring_akid=.1441721.y1ZC3U&source=facebook

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