Pubdate: Thu, 07 Jun 2012
Source: New York Times (NY)
Copyright: 2012 The New York Times Company
Contact: http://www.nytimes.com/ref/membercenter/help/lettertoeditor.html
Website: http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: Thomas Kaplan

G.O.P. LEADER SAYS SENATE WON'T PASS MARIJUANA PLAN WITHOUT CHANGES

ALBANY - The Republican majority in the State Senate is not satisfied 
with a proposal by Gov. Andrew M. Cuomo to decriminalize the open 
possession of small amounts of marijuana and will not pass it in its 
current form, the chamber's top lawmaker said Wednesday.

The lawmaker, Senator Dean G. Skelos, who is the majority leader, 
suggested that the proposal, which would reduce the open possession 
of 25 grams or less of marijuana to a violation from a misdemeanor, 
was overly broad and would effectively condone the practice of 
carrying around marijuana.

"Being able to just walk around with 10 joints in each ear, and it 
only be a violation, I think that's wrong," Mr. Skelos, pointing to 
his ears, told reporters.

The Senate is the primary obstacle facing the decriminalization 
proposal, which the Assembly speaker, Sheldon Silver, a Manhattan 
Democrat, has endorsed. Still, the decision by Mayor Michael R. 
Bloomberg, Police Commissioner Raymond W. Kelly and prosecutors to 
endorse the measure improves the chances that a deal will be 
negotiated before the scheduled end of the legislative session, on June 21.

To that end, Mr. Skelos, a Long Island Republican, said he was 
willing to work to address a recurring situation that civil rights 
groups say has led to tens of thousands of arrests in New York City: 
the police stop young people and ask them to empty their pockets, and 
those stopped pull out the marijuana they are carrying. Under current 
law, possession of 25 grams or less of marijuana is only a violation, 
but it becomes a misdemeanor if that marijuana is in public view.

Civil rights groups say the police have been charging individuals 
with a misdemeanor even when marijuana comes into public view only as 
a result of a police stop.

"I think we can work on that," Mr. Skelos said, adding: "That is 
wrong. It should be a violation. You're following the policeman's order."

Mr. Cuomo's spokesman, Josh Vlasto, said the governor, a Democrat, 
was happy to talk with the Senate.

"Carrying 10 joints in each ear would require some set of ears," he 
said. "We look forward to working these issues through with the 
Senate in order to end an injustice that has been allowed to go on 
for too long."

Michael Whyland, a spokesman for Mr. Silver, said the Assembly 
planned to take up the governor's measure next week.
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MAP posted-by: Jay Bergstrom