Res. No. 277
Title
Resolution calling on the Mayor to issue an executive order directing the New York City Police Department to make marihuana-related misdemeanor and violation arrests the lowest level enforcement priority for police.
Body
By Council Member Menchaca
Whereas, The New York City Police Department (NYPD) is responsible for enforcing certain state laws; and
Whereas, Among the laws the NYPD has the authority to enforce are marihuana-related offenses; and
Whereas, Article 221 of the Penal Law enumerates all of the New York State marihuana-related offenses; and
Whereas, The offense of "unlawful possession of marihuana," for example, occurs when an individual knowingly and unlawfully possesses small quantities of marihuana; and
Whereas, The Penal Law considers small quantities as an amount up to and including twenty-five grams of marihuana; and
Whereas, Without any aggravating factors, this violation, which is not a crime, is punishable by a maximum fine of one hundred dollars; and
Whereas, The offense of "criminal possession of marihuana in the fifth degree," a class B misdemeanor, is defined as knowingly and unlawfully possessing either (i) any quantity of marihuana if the possession is in a public place and such marihuana is burning or open to public view, or (ii) one or more substances containing marihuana, the aggregate weight of which is more than 25 grams; and
Whereas, Arrests for misdemeanor marihuana possession in New York City has been a highly debated topic for several years as many people feel it is a victimless crime that is not worthy of an arrest nor vital to promote public safety; and
Whereas, According to the New York State Division of Criminal Justice Services, in the first quarter of 2014, 7,017 arrests were made for marihuana possession in New York City compared to 7,671 arrests in the same period last year; and
Whereas, An arrest record can have an adverse impact on an...
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