Pubdate: Tue, 05 Jun 2012 Source: Times Union (Albany, NY) Copyright: 2012 Capital Newspapers Division of The Hearst Corporation Contact: http://www.timesunion.com/forms/emaileditor.asp Website: http://www.timesunion.com/ Details: http://www.mapinc.org/media/452 Author: Jimmy Vielkind CUOMO GOES PUBLIC ON POT Governor Backs Bill That Decriminalizes Holding Small Amounts of Drug ALBANY - If the governor gets his way, you could roll a joint in public without facing arrest. Taking a puff, though, would still get you cuffed. Surrounded by prosecutors from three big counties, prominent African-American legislators and New York City Police Commissioner Ray Kelly, Gov. Andrew Cuomo announced support Monday for a bill that would decriminalize the public possession of small amounts of marijuana. The governor cast the proposal as a balancing act that, rather than driving toward significantly broader decriminalization, simply mends a "blatant inconsistency" in the existing law that has emerged as an "aggravated complication" of the controversial NYPD policy known as "stop and frisk." Currently, someone who keeps less than 25 grams of marijuana in his pocket can simply be charged with a non-criminal violation punishable by a $100 fine. "But if you show it in public, it's a crime," Cuomo said - meaning arrest, detention and fingerprinting. "The effect of a criminal conviction on a young person can alter the trajectory of your entire life." It would remain an arrestable, criminal offense to smoke marijuana in public. Just over 53,000 New Yorkers were charged with misdemeanor pot possession in 2011, according to statistics kept by the Department of Criminal Justice Services. Ninety-four percent of the arrests occurred in New York City, and 82 percent of those arrested were black or Hispanic. Donna Lieberman, executive director of the New York Civil Liberties Union, said the numbers were the result of a "hyper-aggressive crusade" by the NYPD's stop-and-frisk program. Often, she said, officers would "tell people to empty their pockets, they'd pull marijuana out, and what would have been a summons for a violation would become a misdemeanor." Kelly said officers were specifically instructed not to do this last autumn. The policy has been a significant political issue for black legislators such as Assemblyman Hakeem Jeffries, D-Brooklyn, who claim their constituents are being unfairly targeted. "The statute as currently written unnecessarily subjects tens of thousands of people to unnecessary prosecution," he said. "It cannot be criminal behavior for one group of people and socially acceptable behavior for another group of people when the dividing line is race." Law enforcement officials in the Capital Region, though, shrugged off the proposed change. "You've either have it in your pocket or you're smoking it," said Colonie Police Lt. Bob Winn. This year, his department has written 101 tickets for UPM - unlawful possession of marijuana - which summons the accused to a court date, similar to the process for a traffic ticket. Colonie officers charged 20 people with low-level misdemeanor marijuana possession, he said, of which almost all were for public smoking. DCJS statistics for 2011 showed 47 arrests for misdemeanor possession in Albany County, eight in Rensselaer County, four in Saratoga County and one in Schenectady County. "Typically it's charged as UPM. You don't see a lot of marijuana arrests," said Rensselaer County District Attorney Rich McNally. "If it's going to remedy a problem, it's going to remedy it in the big jurisdictions." Cuomo's support will no doubt give the proposal a boost, and it should sail through the Democrat-dominated Assembly without issue. It faces a more uncertain fate in the Republican-controlled Senate. Majority Leader Dean Skelos, R-Long Island, told reporters he would take a look at the bill. Neither he nor any other Republican attended Monday's news conference. The Legislature's last scheduled session day is June 21. Monday's announcement, Cuomo said, does not indicate executive support for legalizing medicinal marijuana. [sidebar] By the numbers 53,125 The number of people arrested statewide in 2011 for misdemeanor marijuana possession in public view. 10% Those arrested who had a previous criminal conviction. Arrests in 2011 for misdemeanor marijuana possession in public view in the five boroughs of New York City. For the breakdown by ethnic group see D7: BoroughTotal Brooklyn17,213 Bronx12,772 Manhattan10,487 Queens 7,746 Staten Island1,582 Source: State Department of Criminal Justice Services TIMES UNION Arrest record in 2011 for misdemeanor marijuana possession in public view in the five boroughs of New York City - by race: Black Hispanic White Asian/Indian NA Total Brooklyn 11,785 3,382 1,593 349 104 17,213 Bronx 5,970 6,106 483 91 122 12,772 Manhattan 4,078 4,195 1,943 177 94 10,487 Queens 3,326 2,350 1,230 699 141 7,746 Staten Island 587 75 874 36 10 1,582 Source: State Department of Criminal Justice Services - --- MAP posted-by: Jay Bergstrom