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NYC Mayor de Blasio tells police to end arrests for marijuana smoking

May 24, 2018 Mary Jane Blog

NEW YORK (CNN)New York City Mayor Bill de Blasio has told top brass at the city’s police department to stop arresting people who are caught smoking marijuana in public, according to a City Hall aide.

This weekend, the mayor told the NYPD to issue summonses for smoking pot in public, instead of making arrests.

The NYPD has already begun a working group to evaluate its marijuana enforcement procedures and present its recommendations within 30 days, at the mayor’s request. The mayor made it clear this weekend that ending public marijuana smoking arrests is one of the changes he wants.

Any changes to NYPD’s policy on smoking in public would not take effect until the end of the summer.

NYPD Deputy Commissioner of Public Information Phil Walzak told CNN that the 30-day working group is already underway, and that the issue is “certainly part of that review.”

“The working group is reviewing possession and public smoking of marijuana to ensure enforcement is consistent with the values of fairness and trust, while also promoting public safety and addressing community concerns,” Walzak said.

Manhattan to end prosecution

De Blasio’s call to end arrests comes after both the the mayor and Manhattan District Attorney Cy Vance made big announcements about marijuana enforcement on May 15.

The mayor publicly called on the NYPD to come up with a plan to make changes to its marijuana enforcement policies in the next month, and Vance said he would end prosecution of marijuana possession and smoking cases, starting August 1.

Under the current policy in Manhattan, people are arrested, fingerprinted and have to appear in court.

Last year, cops in Manhattan arrested people for smoking or possessing small amounts of marijuana a little more than 5,500 times. A disproportionate number of those arrested were minorities.

“The dual mission of the Manhattan DA’s office is a safer New York and a more equal justice system,” Vance said Tuesday. “The ongoing arrest and criminal prosecution of predominantly black and brown New Yorkers for smoking marijuana serves neither of these goals.”

Vance, a Democrat who is in his third term, said his office was discussing with New York City police and de Blasio what exceptions there should be to the policy.

New York Police Commissioner James O’Neill said that, while the department doesn’t target minorities, “there are differences in arrest rates, and they have persisted going back many years, long before this current administration. We need an honest assessment about why they exist … “

O’Neill said NYPD officers should not make arrests that don’t impact public safety.

Under the DA’s new policy, people who violate the law would be issued summonses. The NYPD does this in cases where possession is the most serious charge a person would face, O’Neill said.

According to the New York State courts system, police officers issue a criminal court summons when certain laws have been violated. “Most people who receive a summons are not arrested and fingerprinted unless they fail to show identification,” its website says.

Marijuana is a Schedule I drug under federal law and is illegal. Some states, like New York, have decriminalized marijuana, making it a violation and not a crime to possess small amounts of cannabis.

Medical marijuana is legal under New York law, but cannot be smoked.

Read more: http://edition.cnn.com/

Manhattan to stop prosecuting most low-level marijuana cases in August

May 18, 2018 Mary Jane Blog

(CNN)Last year, cops in Manhattan arrested people for smoking or possessing small amounts of marijuana a little more than 5,500 times. A disproportionate number of those arrested were minorities.

“The dual mission of the Manhattan DA’s office is a safer New York and a more equal justice system,” Vance said. “The ongoing arrest and criminal prosecution of predominantly black and brown New Yorkers for smoking marijuana serves neither of these goals.”

Vance, a Democrat who is in his third term, said his office was discussing with New York City police and the mayor what exceptions there should be to the policy.

New York Police Commissioner James O’Neill on Tuesday announced a working group will take the next 30 days to look at the enforcement measures by the department.

He said that, while the department doesn’t target minorities, “there are differences in arrest rates, and they have persisted going back many years, long before this current administration. We need an honest assessment about why they exist … .”

O’Neill said NYPD officers should not make arrests that don’t impact public safety.

Under the DA’s office new policy, people who violate the law would be issued summonses. The NYPD does this in cases where possession is the most serious charge a person would face, O’Neill said.

Under the current policy in Manhattan, people are arrested, fingerprinted and have to appear in court.

The DA’s office said this creates enormous costs for the legal system and alienates too many people.

“Such arrests can significantly impact job searches, schooling, family members, immigration status, and community involvement,” the DA said. There are often no punitive, rehabilitative or deterrent purposes in these cases, the DA said.

CNN reached out to the offices of district attorneys in other boroughs to see whether they are considering similar measures. Brooklyn already has a similar policy.

Queens County wants to wait to comment until after the 30-day NYPD working group analysis.

“It is our understanding that Mayor Bill de Blasio has directed the New York City Police Department to review its policy and practices. We will await the results of that review,” a spokesperson for Queens District Attorney Richard A. Brown said.

Marijuana is a Schedule I drug under federal law and is illegal. Some states, like New York, have decriminalized marijuana, making it a violation and not a crime to possess small amounts of cannabis.

Medical marijuana is legal under New York law, but cannot be smoked.

Read more: http://edition.cnn.com/

Berkeley declares itself a sanctuary city for cannabis

April 17, 2018 Mary Jane Blog

(CNN)Berkeley City Council members have passed a resolution declaring the city a sanctuary for recreational marijuana.

The move may be the first of its kind in the country, tweeted Berkeley Mayor Jesse Arreguin, who proposed the measure.

Under the new resolution, which passed Tuesday night, no Berkeley department, agency, commission, officer or employee “shall use any city funds or resources to assist in the enforcement of federal drug laws related to cannabis.”

The city will also oppose attempts by the US Drug Enforcement Administration to close cannabis businesses. “The city of Berkeley does not support cooperation with the Drug Enforcement Administration in its efforts to undermine state and local marijuana laws,” the resolution states.

California voters approved a proposition in 2016 to allowing the use of recreational marijuana for adults 21 and older, which went into effect this year.

“In light of threats by Attorney General Sessions regarding a misguided crackdown on our democratic decision to legalize recreational cannabis, we have become what may be the first city in the country to declare ourselves a sanctuary city for cannabis,” Arreguin tweeted Tuesday.

His tweet referred to a move last month by Attorney General Jeff Sessions, who rescinded a federal stance of non-interference with marijuana-friendly state laws. Sessions made the announcement January 4, just days after laws went into effect allowing recreational marijuana use and commercial sales of pot in California.

While California and many states have decriminalized or legalized marijuana use, the drug is still illegal under federal law.

This isn’t the first time Berkeley city officials have used a sanctuary approach when it comes to marijuana.

Ten years ago, the Berkeley City Council adopted a similar resolution that applied to medical marijuana, declaring the city a sanctuary for medical marijuana patients and providers.

Read more: http://edition.cnn.com/

Vermont becomes first state to legalize marijuana through legislature

March 27, 2018 Mary Jane Blog

(CNN)Vermont, the “Green Mountain State,” has become the first state to legalize marijuana by passing a law in the legislature rather than by use of a ballot measure.

Long one of the most liberal states in the country, Vermont legalized the use of medical marijuana in 2004 and recently decriminalized possession of a small amount.

This is Vermont’s second attempt at passing a marijuana bill in the past year. State lawmakers last spring passed a bill legalizing marijuana for recreational use.

But Scott vetoed the bill, saying it did not adequately protect public safety. He said he was generally a “libertarian” on the issue but asked for more protections against stoned driving and children’s access to marijuana, which this bill provides.

“As I said when I vetoed S. 22 in May, I personally believe that what adults do behind closed doors and on private property is their choice, so long as it does not negatively impact the health and safety of others, especially children,” Scott said in a statement following the bill signing.

“While this legislation decriminalizes, for adults 21 and older, personal possession of no more than 1 ounce, and cultivation of two mature plants on their private property, marijuana remains a controlled substance in Vermont and its sale is prohibited,” the statement added.

“Also, consumption of marijuana in public places is prohibited. Consumption of marijuana by operators and passengers in a motor vehicle is prohibited. Schools, employers, municipalities and landlords are also empowered to adopt policies and ordinances further restricting the cultivation and use.”

Although several states have legalized possession, cultivation and distribution of pot in recent years, marijuana remains illegal under federal law.

In the US, nine states and the District of Columbia have legalized recreational use of marijuana.

Read more: http://edition.cnn.com/

States unhappy with rollback of hands-off federal guidelines on pot laws

March 21, 2018 Mary Jane Blog

(CNN)Several states that allow marijuana use reacted with frustration to Attorney General Jeff Sessions’ rescinding of Obama-era guidelines that established a hands-off approach to their marijuana-friendly laws.

While a number of states have decriminalized or legalized marijuana use, it is still illegal under federal law. Among the Justice Department memos, the “Cole memo” in 2013 released a directive to federal prosecutors, adopting the non-interference policy.

Federal prosecutors nationwide now will decide how to enforce federal marijuana laws in states where its use is legal.

Here is how some state officials reacted:

California

“Today, Jeff Sessions and the Trump administration destructively doubled down on the failed, costly and racially discriminatory policy of marijuana criminalization, trampling on the will” of voters, Lt. Gov. Gavin Newsom said in a statement.

This week, California became the eighth state — along with the District of Columbia — to allow recreational sales of marijuana after voters approved the measure in 2016. Another 22 states allow only medical marijuana and 15 allow a lesser medical marijuana extract.

Newsom said Sessions’ move “flies in the face of overwhelming public opinion of a vast majority of Americans, who support marijuana legalization.”

“I call on our federal leaders to move quickly to protect states’ rights from the harmful effects of this ideological temper tantrum by Jeff Sessions,” said Newsom, former mayor of San Francisco.

Colorado

Colorado officials were surprised by the announcement, state Attorney General Cynthia H. Coffman said.

“I will say that there was no warning about this guidance. We had no idea it was coming, and like you, we woke up this morning to the news that there was new direction from Attorney General Sessions,” Coffman said.

“It is unfortunate that the people who are on the ground working with marijuana enforcement issues every day … were not consulted before this guidance was issued, because I think we definitely could have shed some light on that,” Coffman said.

She said there is a lot state officials still don’t know the Justice Department’s enforcement priorities and how it plans to implement the new memo.

But Coffman said she doesn’t foresee a major shift in Colorado in the current marijuana enforcement and regulation.

“We will continue as a state to exert our right as a sovereign state to control what happens in our borders with regard to marijuana regulation and enforcement,” she said.

In 2012, voters in Colorado passed a ballot initiative legalizing marijuana for recreational use.

Colorado’s US Attorney Bob Troyer said Sessions “directed that federal marijuana prosecution decisions be governed by the same principles that have long governed all of our prosecution decisions.”

Troyer said his office “has already been guided by these principles in marijuana prosecutions.”

Oregon

Gov. Kate Brown said some 19,000 jobs had been created by the marijuana market.

“Reports that Attorney General Jeff Sessions will roll back federal marijuana policy are deeply concerning and disruptive to our state’s economy,” she said.

Oregon voted in 2014 to legalize personal possession, manufacture and sale of marijuana for people 21 years of age and older.

Brown said “the federal government should not stand in the way of the will of Oregonians.”

Brown said her staff and state agencies “will fight to continue Oregon’s commitment to a safe and prosperous recreational marijuana market.”

Oregon’s US Attorney Billy J. Williams said his office will work with state and local officials on several areas, including “stemming the overproduction of marijuana … dismantling criminal organizations and thwarting violent crime in our communities.”

Washington state

Gov. Jay Inslee said in a statement that he was “especially frustrated” by reports the “Cole memo” would be rescinded. Inslee called it “the wrong direction for our state.”

“It is also disrespects Washington voters who have chosen a different path for our state,” he said.

Washington voters passed a law in 2012 to legalize marijuana for adults over 21. The first dispensaries started opening in 2014.

State Attorney General Bob Ferguson said he was “disappointed and troubled” by the news.

“Over the past year, Sessions has demonstrated a stunning lack of knowledge about our state’s marijuana laws,” Ferguson said.

Read more: http://edition.cnn.com/

Vermont moves to legalize pot as feds signal possible crackdown

March 21, 2018 Mary Jane Blog

(CNN)On the same day the Justice Department signaled a possible federal crackdown on marijuana use, lawmakers in Vermont passed a bill that would legalize the drug for recreational purposes.

The state House voted 81-63 on Thursday to pass a bill legalizing possession of a small amount of marijuana, according to legislative records and House Clerk William MaGill.

“Substance use should be treated as a health care matter, not as a crime,” said Rep. Brian Cina of the state’s Progressive Party, records show. “By passing judgment on others for the way that they deal with pain or seek pleasure, one further fuels the stigma that drives addiction.”

The bill next heads to the Senate, where it is expected to pass, and Gov. Phil Scott, a Republican, has said he will sign it, according to CNN affiliate WCAX.

The bill is similar to one Scott vetoed last year but includes stricter penalties for stoned drivers and for those who provide pot to children.

Federal policy in flux

Lawmakers’ approval came the same day Attorney General Jeff Sessions rescinded three memos from the Obama administration that had set up a hands-off policy toward marijuana-friendly states.

Although several states have legalized possession, cultivation and distribution of pot in recent years, marijuana remains illegal under federal law. Sessions’ move indicates the end of the laissez-faire attitude of recent years and gives prosecutors more leeway in deciding whether to commit resources to stopping marijuana use, even in states that have legalized the drug.

In Vermont, state Sen. Dick Sears, a Democrat, said he wasn’t sure what the new federal guidance would mean locally.

“I’m not sure how much it will affect us. It might affect our medical marijuana, which would be a bigger concern because that is where the state is regulating and the state is allowing the sale of it,” Sears told WCAX.

In the US, eight states and the District of Columbia have legalized recreational use of marijuana.

Vermont and marijuana

Vermont, the “Green Mountain State,” could soon become the first state to legalize marijuana by passing a law in the legislature rather than by use of a ballot measure.

Long one of the most liberal states in the country, Vermont legalized the use of medical marijuana in 2004 and recently decriminalized possession of a small amount.

This is Vermont’s second attempt at passing a marijuana bill in the past year. State lawmakers last spring passed a bill legalizing marijuana for recreational use.

“I am not philosophically opposed to ending the prohibition on marijuana, and I recognize there is a clear societal shift in that direction,” he said at the time. “However, I feel it is crucial that key questions and concerns involving public safety and health are addressed before moving forward.”

Scott also said he wanted any such bill to include an “impairment testing mechanism” that police could use to determine whether a driver is stoned. However, there is no marijuana Breathalyzer-style product on the market.

Scott set up a Marijuana Advisory Commission to study the matter. Its report is expected later this month.

Read more: http://edition.cnn.com/

Berkeley declares itself a sanctuary city for cannabis

February 14, 2018 Mary Jane Blog

(CNN)Berkeley City Council members have passed a resolution declaring the city a sanctuary for recreational marijuana.

The move may be the first of its kind in the country, tweeted Berkeley Mayor Jesse Arreguin, who proposed the measure.

California voters approved a proposition in 2016 to allowing the use of recreational marijuana for adults 21 and older, which went into effect this year.

While California and many states have decriminalized or legalized marijuana use, the drug is still illegal under federal law.

This isn’t the first time Berkeley city officials have used a sanctuary approach when it comes to marijuana.

Ten years ago, the Berkeley City Council adopted a similar resolution that applied to medical marijuana, declaring the city a sanctuary for medical marijuana patients and providers.

Read more: http://edition.cnn.com/

Vermont becomes first state to legalize marijuana through legislature

January 24, 2018 Mary Jane Blog

(CNN)Vermont, the “Green Mountain State,” has become the first state to legalize marijuana by passing a law in the legislature rather than by use of a ballot measure.

Long one of the most liberal states in the country, Vermont legalized the use of medical marijuana in 2004 and recently decriminalized possession of a small amount.

This is Vermont’s second attempt at passing a marijuana bill in the past year. State lawmakers last spring passed a bill legalizing marijuana for recreational use.

Although several states have legalized possession, cultivation and distribution of pot in recent years, marijuana remains illegal under federal law.

In the US, nine states and the District of Columbia have legalized recreational use of marijuana.

Read more: http://edition.cnn.com/

Vermont moves to legalize pot as feds signal possible crackdown

January 18, 2018 Mary Jane Blog

(CNN)On the same day the Justice Department signaled a possible federal crackdown on marijuana use, lawmakers in Vermont passed a bill that would legalize the drug for recreational purposes.

The state House voted 81-63 on Thursday to pass a bill legalizing possession of a small amount of marijuana, according to legislative records and House Clerk William MaGill.

The bill next heads to the Senate, where it is expected to pass, and Gov. Phil Scott, a Republican, has said he will sign it, according to CNN affiliate WCAX.

The bill is similar to one Scott vetoed last year but includes stricter penalties for stoned drivers and for those who provide pot to children.

Federal policy in flux

Lawmakers’ approval came the same day Attorney General Jeff Sessions rescinded three memos from the Obama administration that had set up a hands-off policy toward marijuana-friendly states.

In Vermont, state Sen. Dick Sears, a Democrat, said he wasn’t sure what the new federal guidance would mean locally.

In the US, eight states and the District of Columbia have legalized recreational use of marijuana.

Vermont and marijuana

Vermont, the “Green Mountain State,” could soon become the first state to legalize marijuana by passing a law in the legislature rather than by use of a ballot measure.

Long one of the most liberal states in the country, Vermont legalized the use of medical marijuana in 2004 and recently decriminalized possession of a small amount.

This is Vermont’s second attempt at passing a marijuana bill in the past year. State lawmakers last spring passed a bill legalizing marijuana for recreational use.

Scott set up a Marijuana Advisory Commission to study the matter. Its report is expected later this month.

Read more: http://edition.cnn.com/