Stop and Frisk
A Possible End to Stop and Frisk May Shine Light During Dark Times in New York
New Yorkers may have something to look forward to as they clean up the devastating mess left by Sandy. While by no means do we at marijuana.net want to sugarcoat the impact and seriousness of the situation, we thought residents of New York may want to have their spirits lifted. Most residents of New York City will be at home or at evacuation centers as the MTA has shut down all bus and subway service and public schools are closed. New York City’s controversial “Stop and Frisk” policy may be soon coming to an end.
Last year NYPD Commissioner Ray Kelly issued a memo to police officers that instructed them not to coerce citizens into taking marijuana out of their pockets so they can be arrested on the “plain view” rule. Concealed possession (Under 25g) of marijuana is a civil citation ticket, however, when in “plain sight” the charge is escalated to a misdemeanor. This obviously goes against the spirit of the law. The city has to spend much more money on processing, incarcerations, and court fees due to additional arrests. The arrests disproportionately target non whites and teens which has drawn considerable criticism.
Many residents and lawmakers have been fighting to fix the laws for a long time. The most high profile example comes from New York Governor Andrew Cuomo, who is currently putting pressure on state legislators in Albany to fix the law. Joining the effort is a Bronx DA, Jeannette Rucker, who will not allow “stop and frisk” arrests on public housing property until an interview with the arresting officer is conducted. The move was in response to mounting complaints that officers are wrongly arresting residents.
The issue of repealing “Stop and Frisk” has taken years to gain momentum. However, now that the train is moving it may not stop until the policy is fixed. Besides the Governor’s efforts and the move by Jeannette Rucker, there was a hearing held last week in Brooklyn by City Council members. The hearing included people who are on both sides of the issue such as members of the NYPD and activists against the policy. We expect more of these hearings to occur after New York recovers from Hurricane Sandy. New York City has so much damage to fix immediately, but ending “Stop and Frisk” will help fix problems of the future.
Governor Cuomo Tells NY Lawmakers They Can Get a Raise if They Fix Marijuana Laws and Minimum Wage
New York has been a very busy place lately in terms of politics. Intense preparations were underway for days leading up to this week’s historic presidential debate between President Barack Obama and Governor Mitt Romney at Long Island’s Hofstra University. Conspicuously absent from the conversation were many issues including the war on drugs and poverty.
New York’s Governor Andrew Cuomo has been tackling some of the issues that were have been missing from the presidential bickering. New York State lawmakers have been salivating for a raise (their last came in 1999) but the Governor told them a raise is out of the question until the working class is taken care of first. Mr. Cuomo is has been seeking a raise to New York’s minimum wage, and has tied lawmakers salaries to getting the bill done. Specifically the Governor said “I would not even consider, even consider a pay raise unless the people’s business was being done in a thorough, responsible way.”
The Governor has submitted a complex proposal that also shows New Yorkers he has not forgotten about his vow from the spring to enact marijuana reform. Several months ago Governor Cuomo was mocked by lawmakers and critics who have not moved beyond the 80 year old talking points against marijuana. However he was also applauded by those who appreciated his plan to save the state money and to fix New York’s “stop and frisk” program, which is almost exclusively carried out in NYC. The tactics by police have been criticized by many, including neighborhood advocates who are upset that police almost always target Blacks and Hispanics in the random searches. “Stop and Frisk” has made national headlines as it considered by many to be against the spirit of New York’s marijuana laws. Possession of 25 grams of marijuana or less was decriminalized in the 1970s in New York. Possession under 25 grams is supposed to result in a civil citation ticket, however police have found a way around this. Marijuana in “open view”, even if less than 25g, can be considered a misdemeanor and carry jail time. Often, police demand that individuals empty their pockets, and once they do officers make arrests and claim the marijuana was out in the open.
Lawmakers in NY have been slow to take up the issue. Even as many politicians admit that “Stop and Frisk” goes against the intentions of the state’s marijuana laws, it has been rare to hear comment on the issue. However, we are in the political season and we are glad to see the Governor engaging in the issues that Mr. Romney and Mr. Obama neglected. There will be some more shrewd political moves to come, but none may be as interesting as what Governor Cuomo has done. Like dangling a carrot in front of a mule, the Governor has effectively tied lawmakers salaries to future of workers and marijuana law in New York. For the first time we expect Albany legislators to start their shift on the issue.
New York Public View Marijuana Law Ranked Dumbest in America
Here at marijuana.net we have printed many articles that focus on New York state’s controversial public view marijuana law. Even though New York decriminalized marijuana in the 1970s, lawmakers left in a key provision that takes away much of the intended progress. If marijuana is in “plain view” then a misdemeanor charge can be brought up instead of the far less severe civil citation ticket. Unfortunately, many officers especially in New York City have used this loophole to arrest many especially African Americans and Hispanic teens. Officers utilized “stop and frisk”, a tactic that has police demanding residents empty their pockets. Once this occurs then police often arrest people on the more serious charge because the marijuana is now in plain sight. The popular NYC newspaper, The Village Voice, recently published an article that describes how New York’s marijuana law is considered the dumbest in the nation by reason.com. Although Governor Cuomo made an effort to fix the law, many mocked him and the problem does not seem to have any chance of being fixed anytime soon.
Albany Bickering Stalls Governor’s Marijuana Reform Plan
New York City is often viewed as the center for progressive politics. However, New York State is much more balanced politically. When a state oversees a city on the level of New York, lawmakers often bicker as they try to represent their own constituencies.
Concerned New York City residents are finding this out the hard way. New York has desperately needed a change in it’s “Stop and Frisk” policy. Though possession of less than 25g of cannabis was decriminalized in New York during the 1970s it must not be used or held in public view. “Stop and Frisk” offers a loophole for police to demand that individuals empty their pockets, leaving the cannabis in plain site. Families are left to deal with the impact of an unnecessary arrest that could follow their child around for the rest of their lives. As we have mentioned previously, the “Stop and Frisk” law seems to unfairly target young Black and Hispanics. New York City residents have lobbied for years to change the controversial practice but have not succeeded.
In a move that made headlines nationally, New York Governor Andrew Cuomo attempted to change a failed policy that is costing the state money and incarcerating its youth. While many members of the media pursued the easy story and poked fun at the governor, many were pleased to see what appears to be an evolving view for the governor. The reform will be delayed at best and even perhaps discarded. Some Albany Republicans lashed out against the plan in the usual silly and predictable over the top fashion. Dean Skelos claimed he was worried about a law that allowed people to “walk around with ten joints in each ear”. However, many who represent law enforcement welcomed a plan to get rid of the low level marijuana arrests. NYC Mayor Michael Bloomberg came out in support of the plan (though he has defended “Stop and Frisk” previously). Additionally, NYC Police Commissioner Ray Kelly also wanted to see a change in the law. There will not be enough time during the current legislative session to bring the issue back up.
This is not unusual for Albany lawmakers. Albany reflects the diversity of New York State, complete with lawmakers who are from opposite sides of the aisle and are not always willing to work together. Analysts believe that Republicans are still stinging from a defeat on same sex marriage as New York became one of the few states to recognize the unions. It appears that NY Republicans are ignoring one of their key voting blocks (law enforcement officials) and are attempting to appease a base that is upset with same sex marriage and cares little for New York’s incarcerated youth.
Of course political revenge is not going to satisfy New York City residents who are tired of witnessing dysfunction among Albany politicians . Efforts to eliminate “Stop and Frisk” will continue and lawmakers from both parties are going to have to consider the fact that they may have pursued political posturing instead of the pleas of residents.
Medical Marijuana Industry News June 15, 2012
Rhode Island Governor Signs Bill To Decriminalize Marijuana Possession…
Rhode Island will follow the momentum for reform that is taking that is going on northeast. New York Governor Andrew Cuomo has already proposed eliminating unintended marijuana arrests in New York’s controversial “Stop and Frisk” program. That debate is sure to heated as Albany lawmakers are known for partisan politics. Governor Lincoln Chafee is a step ahead of New York as he has just signed a bill that will decriminalize marijuana possession of less than one ounce. Previously that amount would have resulted in a misdemeanor with possible jail time and a $500 fine. Under the new law the penalty will be a civil citation and a $150 fine. Minors would be required to complete a drug awareness program and community service.
For more on this story click here
Medical Marijuana Bill Passes New York State Assembly but tough Road Ahead…
As mentioned above New York lawmakers will consider the Governor’s proposal to eliminate or amend the plain sight provision in the “Stop and Frisk” program which has become a loophole for law enforcement officials to arrest New Yorkers on serious marijuana charges. In another development coming out of the Empire State legislators in the state’s assembly have passed a bill that would see New York join the growing number of states that permit medical marijuana. However the bill appears to have a tough legislative road ahead of it. Multiple medical marijuana bills have failed in New York state in the past. The momentum seems to be gaining as more state lawmakers are joining the 80% of residents who feel a physician should have the right to prescribe medical marijuana. Governor Cuomo has indicated that he would likely not sign the bill. There is hope for the future for New York patients as the governor has amended his view considerably since his 2010 campaign.
For more on this story click here
Imperial Beach Residents may get chance to Repeal Ban on Dispensaries…
Imperial Beach residents may get a chance to change what is considered the most restrictive marijuana laws in San Diego County. Even those with medical licenses are not permitted to keep any cannabis plants. There is a petition being circulated in Imperial Beach and so far the response has been very supportive of repealing the ban. Over 15% of registered voters have signed the petition. Eugene Davidovich of Americans for Safe Access (ASA) said “Strong regulations like the ones we’re proposing would keep medical cannabis away from children and schools, and create a safe means for those who are qualified, to have safe, reliable, local access to that medicine.” He also went on to say . “At the same time, we’re taking into strong consideration the concerns of the neighborhood.”
Marijuana.net Will be Attending the 2012 Hempcon in San Jose…
For those who plan on being in the San Jose area we encourage you to check out Marijuana.net at Hempcon this weekend. As always, we will be providing education on patient issues, new legal developments, and the future of cannabis in the United States and rest of the world. We will even have our staff on hand who can provide advice on what strains are appropriate for individual. The one on one session will result in a recommendation based on several criteria including ailments to be treated and desired effects. We will also be continuing our popular vaporizer raffle which has been a success as many previous events. Hope to see you there!