Pubdate: Sun, 01 Feb 2015
Source: Oneida Daily Dispatch (NY)
Copyright: 2015 The Associated Press
Contact:  http://www.oneidadispatch.com/
Details: http://www.mapinc.org/media/4546
Author: Jennifer Peltz, The Associated Press

POT ARRESTS PLUNGE AFTER POLICY CHANGE

NEW YORK (AP) - New York City's pledge to stop making many marijuana 
arrests is playing out on the streets, where arrests and summonses 
for smalltime pot possession have plummeted since the policy change this fall.

After a mid- November turn toward violations and summonses instead of 
misdemeanor arrests for carrying modest amounts of pot, such arrests 
plunged by 75 percent in December compared to last year, from about 
1,820 to 460, according to state Division of Criminal Justice 
statistics obtained by The Associated Press.

The November numbers fell 42 percent, from 2,200 to 1,280.

Even summonses have fallen by about 10 percent since the policy 
change, to 1,180, compared to the same period a year ago, New York 
Police Department figures show.

"Since the inception of our policy in 2014, marijuana enforcement 
activity is trending down in all categories" for the bottom-rung 
marijuana charge, Deputy Chief Kim Royster told the AP.

Critics who decried the once-spiking arrests see the decline as 
promising. But they say it's too early to draw lasting conclusions, 
especially since low-level arrests and summonses of all kinds 
plummeted for a few weeks after the deadly shootings of two officers Dec. 20.

"Clearly, progress is being made," but it needs to continue and 
deepen, said Gabriel Sayegh, the Drug Policy Alliance's New York 
state director.

The plunge in arrests caps dramatic shifts in recent years in how the 
nation's biggest city polices small amounts of pot.

Arrests for the lowest-level marijuana charge - possession of less 
than 25 grams, about a sandwich bag full - shot up from about 5,700 
in 1995 to 50,700 in 2011, spurring criticism of police tactics and 
priorities. Then the arrests started declining notably amid public 
pressure and some police instruction and procedural changes, hitting 
about 29,000 in 2013.

They were keeping pace this year until November, when de Blasio and 
Police Commissioner William Bratton announced the new direction.

With the sharp fall-off in the last two months, there were about 
26,400 marijuana arrests in 2014, down about 9 percent from 2013, the 
state statistics show.

State law makes it a misdemeanor to have up to 25 grams of marijuana 
in "public view."

But the mayor said the city was choosing to treat that largely as a 
non-criminal violation - meaning a summons rather than an arrest, and 
a potential $100-plus fine instead of a possible three months in jail 
and a criminal record. (Under a 1977 state law, carrying the same 
amount of pot out of sight was already a violation, not a misdemeanor.)

Arrests were to continue in some cases, such as when people are 
allegedly seen smoking the drug in public.

"The law is a law, but what we're trying to do is approach the 
enforcement of the law in a smarter way," de Blasio said in November.

Noting that the cases often get dismissed, he said the change would 
spare police time for more serious matters and spare people arrest 
records, which can affect public housing eligibility and some other 
aspects of life even without a conviction.

The head of the rankand-file officers' union was cool to the idea, 
suggesting it could tie officers' hands in dealing with lawbreakers.

But the captains' union president expressed support for it.

Critics of the arrests suggest the summons strategy isn't a perfect solution.

Multiple marijuana-possession convictions can spur deportation even 
if the charges are violations - something defendants may not grasp if 
they decide to plead guilty, thinking the only consequence is a fine, 
legal advocates say.

They also have concerns about how cases will be handled in crowded 
summons courts.

"A more meaningful change would be to deemphasize enforcement of 
non-criminal violations across the board," the New York Civil 
Liberties Union said in City Council hearing testimony last month.

But de Blasio put the difference simply when announcing the new 
policy: "Would you rather be arrested or be given a summons?"
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MAP posted-by: Jay Bergstrom