Police Commissioner Bratton (at lectern) and Mayor Bill de Blasio (l.) unveiled a new, more lenient marijuana policy this week. Photo courtesy of NYPD
After consulting with all five city district attorneys, the Special Narcotics Prosecutor, and the courts, Mayor Bill de Blasio and Police Commissioner Bill Bratton this week rolled out a change in the NYPD’s marijuana policy.
According to Bratton, beginning next week, the new protocol allows police officers to issue criminal-court summonses, in lieu of arrest, to people found in possession of a small amount of marijuana, 25 grams or less, in a public place open to public view—that is not burning, and is consistent with personal use.
Rather than charge eligible people with the misdemeanor crime of fifth-degree criminal possession of marijuana, cops will summons those who possess small amounts of the drug with the lesser violation of unlawful possession of marijuana.
“Make no mistake; marijuana is still illegal in New York City,” Bratton noted. “People smoking marijuana in public will continue to be arrested. But possession 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.”
People will not be eligible for a summons if they have an active warrant, they are wanted in connection with an active investigation, they are charged with another fingerprintable offense, or they have no proper identification.
Officers will issue summonses in the field unless conditions warrant processing at a Department facility. In all cases, the marijuana will be seized and vouchered.
The new policy, which was unveiled on Monday by Bratton and de Blasio, will cut department overtime costs and allow personnel to be deployed and implemented in more pressing areas.
“[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 said. “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.”
Over the next few days, before the policy takes effect, the department will release a new internal Operations Order detailing the procedure, and a training video to be shown at roll-call training sessions.
However, support for the new summons-based policy was not unanimous.
“As City Hall continues to surrender and change the policies of the NYPD, our members need clear and precise rules regarding enforcement priorities. Anything less will result in our members being held responsible for a failed policy by a discipline-obsessed police department and the multiple levels of police oversight it has,” said Patrick Lynch, president of the Patrolmen’s Benevolent Association. “We do not want police officers left holding the bag if crime rises because of poor policy. Patrol and enforcement of the law is not as simple as some think. Writing a summons to someone who does not respect the law can result in a volatile situation. Police officers always have to be on guard for violent reaction and resistance which can put them in danger of physical harm and potential disciplinary charges.”
By Michael V. Cusenza
