Press Release | 06/07/2012

Senate Republicans Opposing Broadly-Supported Reforms to Marijuana Possession Law with Ludicrous Claims, Sabotaging Efforts by Governor Cuomo, Mayor Bloomberg, Commissioner Kelly, District Attorneys, Community Groups to Bring Fairness and Clarity to Law


Reform Coalition Releases Two More Videos Highlighting Impact of Racially Biased, Costly, Unlawful Marijuana Arrests in NYC


Yesterday, New York Republican Senate Majority Leader announced his opposition to Governor Cuomo’s proposal to standardize penalties for marijuana possession offenses in New York. The Senate Majority Leader, Dean Skelos, told the New York Times that “Being able to just walk around with 10 joints in each ear, and it only be a violation, I think that’s wrong.”

“The cartoonish response by Senator Skelos would perhaps be more humorous if the impact of the current marijuana possession policies were not so grim and racially disparate,” said gabriel sayegh, New York State Director for the Drug Policy Alliance.

On Monday, New York Governor Cuomo, New York City Mayor Michael Bloomberg, NYPD Police Commissioner Ray Kelly, and all five New York City District Attorneys came out in support of ending the practice of arresting individuals for possessing small amounts of marijuana in public view. Today, Assembymember Hakeem Jeffries introduced Governor Cuomo’s reform legislation -- A. 10581 would standardize the penalty for marijuana possession offenses in order to create equitable police practices for marijuana possession and reduce racial disproportionality in these arrests. These marijuana arrest practices by police, the Governor and advocates believe, needlessly criminalizes young people – especially young people of color – and harms the relationship between law enforcement and the community.

“The Senate is blocking sensible reforms to the marijuana possession law with ludicrous claims,” said sayegh. “It’s time for the Senate to work with the governor, mayor and law enforcement from around the state to fix this long standing travesty.”

Below are two new videos released to highlight the racial disparate and unlawful marijuana possession arrest practices in New York.

Council Member Melissa Mark-Viverito (East Harlem/Bronx) is the sponsor of NYC Council Resolution 986 that supports bi-partisan legislation in Albany, NY to put an end to tens of thousands of illegal, racially biased, and costly marijuana arrests in New York. http://youtu.be/_rtmE_Pm5TU

James was stopped-and-frisked when entering his mother’s apartment building. One of the officers reached into James’ pocket without his consent and recovered marijuana. James refused to plead guilty for a crime he did not commit. He was remanded and held on Riker’s Island for one week because he knew that personal possession of marijuana not in public view is not a criminal offense and refused to plead guilty. http://youtu.be/kf7dTfCfa5s
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DPA


Tony Newman 646-335-5384

N.Y. Assembly Approves Medical Marijuana In Symbolic Move

By Steve Elliott
Wednesday,
June 13, 2012

In a move seen as mostly symbolic, the New York State Assembly on Wednesday voted 90 to 50 in favor of legislation that would make the Empire State the second-largest to legalize marijuana for medicinal purposes. It was the third time the Assembly, controlled by Democrats, has passed such legislation, which would allow registered patients to possess up to 2.5 ounces of cannabis or grow up to 12 plants.

But the New York Senate, controlled by Republicans, is unlikely to vote on the bill this session, reports Reuters. The GOP-controlled Senate has never allowed the bill to come up for a vote, despite its being passed three times by the Assembly, using the lame excuse that it would "violate federal law."

That, of course, hasn't stopped voters or state lawmakers in 17 other states and the District of Columbia from passing medical marijuana laws; maybe New York Republicans are just a little stupider -- or more perhaps more severely lacking in balls -- than their counterparts in other states.

"It is cruel to deny treatment to patients who are suffering or to turn them into criminals," said Assemblyman Richard Gottfried, sponsor of the bill. The measure would help thousands of people while enacting "the strictest medical-marijuana regulations in the country," according to Gottfried. (I keep waiting for a state to pass what it calls the "strictest medical marijuana law in human history," presumably one in which nobody at all is allowed to actually use the damn stuff.)

Eight states, including California, New Mexico, Michigan and Connecticut, allow dispensaries to sell medicinal cannabis. Under the New York bill, patients could buy marijuana "at pharmacies and hospitals" (assuredly not a workable plan, since marijuana is considered a Schedule I narcotic under federal law, illegal for any purpose, and pharmacies would lose their federal licenses to dispense drugs if they sold it), or from nonprofits licensed by the state (much better).

In a May 16 editorial published in The New York Times, New York Supreme Court Justice Gustin Reichbach of Brooklyn -- who suffers from pancreatic cancer -- asked the Legislature to pass the medical marijuana proposal. Inhaled cannabis, he said, is the only thing that relieves his nausea, stimulates his appetite and makes it easier to sleep.

"This is not a law-and-order issue; it is a medical and human rights issue," Reichbach wrote.

New York Gov. Andrew Cuomo, a Democrat, told reports in April that he opposes legalizing medical marijuana, but that he is "studying the issue," a classic non-respose and a particularly frustrating, spineless answer when New York patients continue to suffer every day.

tokeofthetown

Folks have been studying the issue for over 40 years, time to call them out on this. Just what are they studying? Since they haven't been able to figure it out in 40 years maybe those poor dumb suckers need our help. We got lots of great data and personal testimentals.

been going to pass the mmj law for the last 3 yrs and have missed the vote by one vote each time ..republicans are always the stopping factor when it comes to these laws ..guess its why i dont beleave anything the right says..its all lies to string folks along ..atleast till they get elected by the like minded crazys ..vote the ny state republicans out of office , hell vote all republicans out ..they dont give a shit about us anyways ..and this just proves it ..

I've not seen anything that makes me think the Dem.s are not just playing with us. Even this law is easy to pass knowing it won't get a fair vote on up the road. Vote them all out of office.

I don't believe change is going to come from political party support, and if there are enough votes to get them out of Office, go for it. When it is proven that the economics of the drug war are chewing into the National Debt, then you'll see some grass roots support for change for economic reasons. I sure wouldn't wait until some politician decides to do what's "right".

What I'm saying is people will keep making the choice of who will do them the LEAST harm and voting for them because they see the guy they like as a wasted vote. So if enough of us start voting for the man we like soon as others think they have a chance they will vote for them in droves. Yes I know my guy probably won't win but it doesn't matter who wins we are screwed and I refuse to keep helping get myself screwed.

Notsofast......Language is the deciding factor in these "medical marijuana" bills. Alaska has a Medical marijuana law, but it is a unworkable bill. because of the language of the bill, no doctor will accept the liability and prescribe medical marijuana. Because of that, there is no "friendly" medical marijuana doctors in Alaska. But you can get a medical marijuana card from a traveling doctor for $350. THis is an outfit that rubber stamps medical prescriptions.
To get caught with a small amount of marijuana in Alaska is a $50 fine. THis includes up to ( I believe) 5 personal use growing plants. So its cheaper to be stamped a criminal than to comply with the law. Also, there is no provisions in Alaska for medical marijuana dispensaries, They are illegal. So the language makes the bill. Here in Alaska the legislature just gave us lip service with a no substance in the law.

NY GOP Kills Marijuana Decriminalization Reform

by Phillip Smith,
June 19, 2012,


New York decriminalized the possession of small amounts of marijuana in 1977, but New York City police continue to arrest 50,000 people a year for pot possession after stopping-and-frisking them, then tricking them into emptying their pockets and revealing their baggies of weed, triggering the misdemeanor offense of public possession of marijuana.

In a bid to end that practice, Gov. Andrew Cuomo (D) and the Democratically-controlled Assembly moved to reform the decriminalization law by removing the public possession provision with Assembly Bill 7620, but Monday night, Republicans and their Conservative Party allies in the Senate effectively killed it.

The Senate Republicans caved under pressure from Conservative leader Mike Long, who threatened to not allow any Republicans who supported the bill to appear on the Conservative Party line. The Senate then refused to take up the bill. That means the mass arrests, predominantly of young people of color, for what should, under state law, be only a ticketable offense, will continue, costing the state tens of millions of dollars each year.

The Republican failure to act comes in the face of widespread law enforcement support for the reform, including NYPD Commissioner Raymond Kelly, the district attorneys in all five New York City boroughs and suburban Nassau County, and even the New York City Patrolman's Benevolent Association. Kelly called the reform "a balanced approach," while Manhattan DA Cyrus Vance said it would bring greater "safety and fairness" to the criminal justice system and it was "the right thing to do."

"The Senate Republicans have single-handedly decided to continue ruining tens of thousands of lives -- mostly those of young people of color -- every year. Opposing law enforcement and the clear political consensus in the state is not just heartless -- it's a political miscalculation that will come to haunt them," said Dr. Divine Pryor, executive director of the Center for NuLeadership on Urban Solutions.

"Even Mayor Bloomberg and Commissioner Kelly have come out in support of this legislation. So what's holding up the Senate from passing smart reforms that will eliminate the tens of thousands of unlawful arrests taking place in the city every year?" said Alfredo Carrasquillo, community organizer with VOCAL New York.

Last week, the New York City Council passed a resolution by an overwhelming margin calling for an end to racially biased, costly, unlawful arrests. The resolution, introduced by Council Members Melissa Mark-Viverito and Oliver Koppell, was cosponsored by a majority of council members. The resolution came a day after hundreds of community activists went to Albany to deliver thousands of signatures to demand the New York State Senate pass legislation to decriminalize marijuana possession in public view.

"The New York Senate Republicans are doing what Republicans do best at the federal and local level -- they are obstructing progress and paralyzing government. The Republican Conference in the State Senate is completely out of touch with our communities of color in New York City and because of their inaction, tens of thousands more of our young people of color will be arrested before the end of this year, saddling them with a criminal record," said Mark-Viverito. "The governor, our mayor, the police commissioner, the city council, five district attorneys and criminal justice advocates are all on the same page here. Marijuana was decriminalized in 1977; all we are trying to do is close the 'in public view' loophole that is allowing thousands of unjust arrests of black and Latino youth in our communities."

"It wasn't too long ago that we referred to the 'three men in a room' when discussing the leadership structure in Albany. Now when we talk about leadership in the Senate, we should talk about 'one guy in Brooklyn,' said Gabriel Sayegh, New York state director of the Drug Policy Alliance. "While we are disappointed by the lack of action, we're not going anywhere. This campaign for reform has already scored a major victory by bringing this issue to the attention of New Yorkers and the entire country. We cannot and will not accept a situation where the laws are applied differently to different people based on their race or ethnicity or where they live. We'll keep pushing for reform, for fairness, equality, and justice. Given the overwhelming support by law enforcement for this proposal, I think Majority Leader Skelos and even Mr. Long will come to do what’s right."

stopthedrugwar

Senate Republicans Kill Marijuana Reform In New York

By Steve Elliott
Tuesday, June 19, 2012


Surprise, surprise! More gutless non-leadership from the Party of No



Senate Republicans and Conservative Party Break With Top Law Enforcement Officials to Kill Legislation Clarifying Marijuana Possession Laws; Measure Supported by Cuomo, Bloomberg, NYPD Commissioner, District Attorneys Throughout State



Over 50,000 Needless Arrests Cost Taxpayers $75 million a Year, Undermine Ability of Youth to Gain Employment; Majority Leader Skelos and Conservative Party Leader Mike Long Apparently Believe Wasteful, Unlawful, Racially Biased Arrests is "Right Message" for "Youngsters"

Operations Order by Commissioner Kelly Has Proven To Be Ineffective; Advocates, Community Groups and Elected Officials Vow to Continue Fight for Legislation That Ensures Equity, Fairness and Fiscal Responsibility

Monday night, lawmakers in Albany failed to reach agreement on legislation to reduce the staggering number of unlawful, biased arrests for marijuana possession in New York.

The proposal, unveiled by Governor Andrew Cuomo two weeks ago and introduced in the Assembly by Assemblymember Hakeem Jeffries, was widely seen as a responsible measure to address the inconsistency and unfairness in the marijuana possession laws in New York. Yet Senate Republicans refused to take up the matter, appearing shaken, intimidated and frightened by threats from Conservative Party Leader Mike Long, who declared he would pull the Conservative Party line from anyone who supported the measure.

The Senate - in what can only be called a stunning failure of leadership - then refused to take up the legislation, undermining reform. Because of inaction in the Senate, tens of thousands of people, predominately young men of color, will continue to be needlessly funneled through the criminal justice system at an expense of tens of millions of dollars to state taxpayers and untold damage to the relationships between law enforcement and communities in New York.

The legislation is supported by dozens of groups, elected officials - and top law enforcement officials throughout the state. A sampling of statements by law enforcement officials provides a compelling overview of the unprecedented support for Governor Cuomo's proposal:


NYPD Commissioner Raymond Kelly called it "a balanced approach." (June 4, 2012, press release, Gov. Cuomo office)

Manhattan District Attorney Cyrus Vance, who published an op-ed in support of legislation, also said the measure would bring greater "safety and fairness" to the criminal justice system," and called it "the right thing to do." (June 4, 2012, press release, Gov. Cuomo's office)

Brooklyn District Attorney Joe Hynes said the measure would "go a long way toward a more balanced approach to drug related offenses." (June 4, 2012, press release, Gov. Cuomo)

Queens District Attorney Richard Brown said the proposal "strikes the right appropriate balance between the needs of law enforcement and the concerns of the community," and would "enhance the fair operation of our criminal justice system." (June 4, 2012, press release, Gov. Cuomo office)

Bronx District Attorney Robert Johnson said the proposal would "make the law consistent and obviate the need for many arrests which erode the trust between the community and law enforcement." (June 4, 2012, press release, Gov. Cuomo office)

State Island District Attorney Daniel Donovan, who ran for Attorney General on the Republican line, said the measure would allow NYPD to "reallocate some of its resources to address more serious crimes." (June 4, 2012, press release, Gov. Cuomo office)

Nassau County District Attorney Kathleen Rice, the top law enforcement official in Sen. Dean Skelos's district, called the proposal a "common sense reform," and said the measure would "enhance community relationships with law enforcement," calling such relationships "the most important tool we have in keeping neighborhoods safe." (June 4, 2012, press release, Gov. Cuomo office)

New York City Patrolmen's Benevolent Association President Patrick J. Lynch said that "the NYC PBA is very supportive" of the measure as it would provide "clear and precise directions" to law enforcement officers. (June 4, 2012, press release, Gov. Cuomo office)

Rochester Police Chief Jim Sheppard praised the measure and said it would stop the practice of needlessly "putting kids into the system which obviously if they get into the system it makes it hard for them to have gainful employment and that can create more crime for us." (June 5, CBS News 8, Rochester)

The refusal of Senate Majority Leader Dean Skelos and the Senate to take up the matter -- and Long's staunch opposition to the measure -- represent a stunning break between top law enforcement officials in the state and the Senate Republicans and Conservative Party.

"The Senate Republicans have single-handedly decided to continue ruining tens of thousands of lives - mostly those of young people of color - every year," said Dr. Divine Pryor, executive director of the Center for NuLeadership on Urban Solutions. "Opposing law enforcement and the clear political consensus in the state is not just heartless - it's a political miscalculation that will come to haunt them."

The governor's proposal seeks to bring consistency and fairness to the states existing marijuana decriminalization law, which was passed in 1977. In a Tuesday press conference, Governor Cuomo indicated that the measure will not pass the Legislature this session, and will have to be taken up in the months ahead.

Alfredo Carrasquillo, VOCAL NY: "So what's holding up the Senate from passing smart reforms that will eliminate the tens of thousands of unlawful arrests taking place in the city every year?"

"Even Mayor Bloomberg and Commissioner Kelly have come out in support of this legislation," said Alfredo Carrasquillo, community organizer with VOCAL New York.. "So what's holding up the Senate from passing smart reforms that will eliminate the tens of thousands of unlawful arrests taking place in the city every year?"

Marijuana was decriminalized in New York State in 1977 - and that law is still on the books. Burning marijuana in public or having marijuana visible in public, however, remains a crime.

As clearly demonstrated in research and media reports, most of these arrests are the result of illegal searches and false charges by the NYPD, as part of its controversial stop-and-frisk practices. Most people arrested for marijuana possession are not smoking in public, but simply have a small amount in their pocket, purse or bag.

As numerous news articles and research have demonstrated, the NYPD engages in unlawful practice of mischarging and arresting people for marijuana possession after an illegal search; or, the arrest occurs when the person complies with an NYPD officer's directive to "empty their pockets." Many people comply, emptying their pockets -- even though they're not legally required to do so - thus making the marijuana "open to public view."

The police then arrest the person for burning or possession in public view. These arrests needlessly criminalizes young people - especially young people of color - and severely harms the relationship between law enforcement and the community.

Council Member Melissa Mark-Viverito: "The New York State Republicans are doing what Republicans do best at the federal and local level -- they are obstructing progress and paralyzing government"

The arrest statistics say it all. Just 34,000 people were arrested for marijuana possession from 1981 to 1995 - but in the last 15 years more than 600,000 people were arrested for marijuana possession. Nearly 51,000 people were arrested for marijuana possession in 2011 alone, far exceeding the total marijuana arrests from 1981-1995.

Most of those arrested, nearly 85 percent, are Black and Latino, despite federal government data on drug use showing that whites use marijuana at higher rates. Most of these arrests have been shown to be unlawful - the result of illegal searches and false charges. Queens College Professor Dr. Harry Levine conducted a study of the arrests and found they cost taxpayers approximately $75 million every year.

NYPD Commissioner Ray Kelly issued an operations order in September 2011 commanding officers to follow existing New York State law - the order directed officers to stop falsely charging people for possessing marijuana in public view if individuals removed marijuana from their pocket under the order of a police officer. Arrest figures released from New York State Division of Criminal Justice Services show that since the operations order issued by Commissioner Kelly, arrests for low-level marijuana arrests have fallen by only 13 percent in New York City since the same period last year - a disappointing drop considering the scale of NYPD's criminal practice.

Last week, the New York City Council passed a resolution by an overwhelming margin calling for an end to racially biased, costly, unlawful arrests. The resolution, introduced by Council Members Melissa Mark-Viverito and Oliver Koppell, was co-sponsored by a majority of Council Members. The resolution came a day after hundreds of community activists went to Albany to deliver thousands of signatures to demand the New York State Senate pass legislation to decriminalize marijuana possession in public view.

New York Senate Majority Leader Dean Skelos: This clueless ass-clown unintentionally made national headlines when he said the governor's proposal would lead to people "just being able to walk around with 10 joints in each ear and it would only be a violation." The Majority Leader was blasted, mocked and jeered nationwide

"The New York Senate Republicans are doing what Republicans do best at the federal and local level -- they are obstructing progress and paralyzing government," said sponsor of the Council Resolution, Council Member Melissa Mark-Viverito. "The Republican Conference in the State Senate is completely out of touch with our communities of color in New York City and because of their inaction, tens of thousands more of our young people of color will be arrested before the end of this year, saddling them with a criminal record.

"The Governor, our Mayor, the Police Commissioner, the City Council, five District Attorneys and criminal justice advocates are all on the same page here," Mark-Viverito said. "Marijuana was decriminalized in 1977; all we are trying to do is close the 'in public view' loophole that is allowing thousands of unjust arrests of black and Latino youth in our communities."

Gabriel sayegh, Drug Policy Alliance: "We cannot and will not accept a scenario where the law is enforced differently for different groups of people based on their race or ethnicity or where they live"

Majority Leader Skelos unintentionally made national headlines when he said the governor's proposal would lead to people "just being able to walk around with 10 joints in each ear and it would only be a violation." News outlets nationwide blasted and mocked the Majority Leader for the comical and improbable imagery.

Today, Majority Leader Skelos claims he simply opposes what already exists -- decriminalization -- seemingly deferring to the unelected Long about legislative matters of concern to New Yorkers.

"It wasn't too long ago that we referred to the 'three men in a room' when discussing the leadership structure in Albany," said gabriel sayegh, New York state director of the Drug Policy Alliance. "Now when we talk about leadership in the Senate, we should talk about 'one guy in Brooklyn.'

"While we are disappointed by the lack of action, we're not going anywhere," sayegh said. "This campaign for reform has already scored a major victory by bringing this issue to the attention of New Yorkers and the entire country.

"We cannot and will not accept a situation where the laws are applied differently to different people based on their race or ethnicity or where they live," sayegh said. "We'll keep pushing for reform, for fairness, equality, and justice. Given the overwhelming support by law enforcement for this proposal, I think Majority Leader Skelos and even Mr. Long will come to do what's right."


tokeofthetown