NYPD Begins Enforcing Less Severe Cannabis Policy

Last week New York City police shifted their policy of cannabis enforcement to one that is less harsh for those found in possession of cannabis.

Previously, those found in possession of small quantities of cannabis (under 25 grams) were arrested on misdemeanor charges and faced up to three months in jail. Just last year, 28,644 people were arrested for cannabis possession, the vast majority of which were people of color. Under the new policy, which began November 19th, those caught by police with weed will face a fine but not arrest.

But New York City has been far more strict on cannabis possession than the rest of the state. VICE writer Abdullah Saeed describes his experience:

“A few months ago, I was on a road trip with some friends in upstate New York when we were stopped and searched by state troopers who deployed a drug-sniffing dog. They pulled us all out of the car and tore through our rented minivan, discovering a small plastic baggy with about a gram of weed in it. When they turned up the bag, my homies and I—all young, brown men—instinctively held our hands out to our sides, palms out, as a show of surrender. The cops started laughing. One of them approached me and said, “I get it. You’re coming from the city, it’s a long drive, you brought a little weed to smoke on the way. Put your hands down. It’ll be fine.” My friends and I exchanged quizzical glances. We’re all used to getting the third degree when it came to drugs and cops. This guy was understanding, almost friendly. The trooper continued, “It’s a $100 ticket. Hang tight, you’ll be on your way in five minutes.” We were all too suspicious to be relieved. Based on how New York City cops treat instances of small marijuana possession, it seemed like we were getting away a bit too easily. Sure enough, the trooper handed me a ticket requiring me to appear in court for “Unlawful possession marihuana” [sic]—article ​221.05 of New York State penal law. Maximum penalty $100. As promised, we were free to go. When we all got back in the minivan, I asked the burning question. “That’s it? How come people get arrested for the same shit in the city?”

Many hold Police Commissioner William Bratton (New York City’s police commissioner until 1996) responsible for the cities harsh arrest policy. They point the blame on Bratton’s signature Broken Windows approach, “which targets quality of life crimes and has been criticized for precipitating racist police practices.” The state of New York has been less severe in punishment of cannabis possession since 1977, when article 221 was attached to the penal code on drug enforcement, punishing those carrying under 25 grams of cannabis with a fine for the first two offenses.

It seems New York City is finally catching up with the rest of the state after two decades, opting for fines for those carrying cannabis, rather than arrests.

“The time and energy that will be saved because of this policy change will be used to address more serious crimes,” said Mayor Bill de Blasio. “Our goal is to keep cops out on the frontline where they can do the most good to protect people, but we also don’t want to saddle people who made one small mistake.”