A Guide to NYC's New Pot Policy
Wednesday, November 19, 2014
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00:00 / 00:00
Commissioner Bill Bratton holds up a bag of
oregano to demonstrate what 25 grams of marijuana looks like at a news
conference to announce changes to New York's marijuana policy
(Spencer Platt/Getty)
On Wednesday, the NYPD will begin enforcing a new policy
of handling low-level marijuana violations. Possession of some green —
25 grams or less of pot — will now cost you some green — a summons and
fine — instead of a trip to central booking. While it may seem pretty
straightforward, the reform isn't actually that cut and dry. Here are
the rules (and everything else) you should know.
To hear how people in two neighborhoods in Brooklyn — one predominantly white, one predominantly black — are reacting to the new law, click the audio above.
I’ve heard that if I'm found with 25 grams or less of marijuana, I'll now be give a summons instead of being arrested. Does this mean NYPD officers will now carry scales to weigh pot?
No. NYPD officers are trained to identify what 25 grams of marijuana looks like. At the press conference to announce the new policy, Commissioner Bill Bratton displayed what seemed to be a standard Ziplock bag filled about halfway with oregano to show the amount of marijuana that constitutes low-level possession (25 grams).
What if the marijuana is rolled in joints? How would the cops identify if it’s more or less than 25 grams ?
It’s dependent on a police officer’s assessment and discretion in determining the amount of marijuana in someone’s possession, regardless of the way the marijuana is packaged.
That sounds like it’s prone to a substantial amount of human error. What if an officer erroneously determines that I’m carrying more than 25 grams? I’ll be wrongfully arrested!
You may be wrongfully arrested initially, but your marijuana will be sent to a police lab for processing, at which point it will be measured.
But what if an officer gives me a summons, because he thinks I have 25 grams or less of marijuana, but when it’s actually measured it turns out to be more than that? Would there be a warrant issued for my arrest?
The NYPD’s chief of patrol, James O’Neill, said no. “Within the spirit of the law, I would say probably not, because that would entail us to go back out and re-arrest the person,” he said. “The whole purpose operationally, for me as chief of department, is to keep people — keep cops on the street. . . . I’d have to discuss with all of the district attorney's Offices but right now, my preference is to keep cops on patrol.”
If I’m given a summons, does that mean that I now have a criminal record?
No. Low-level possession is considered a violation, not a crime.
So what are the penalties associated with the summons?
You’ll be fined up to $100, at the court's discretion, for the first offense and up to $250 for the second offense. But you can’t mail in your payment. You’ll have to show up at summons court on your designated court date, which in itself is a penalty, because it’s not a fun experience.
What if I “forget” to show up for the court date?
Then a warrant will be put out for your arrest, for failing to appear at your hearing.
Is there any other scenario where I can be arrested for marijuana possession, other than carrying more than 25 grams?
Yes. If you're smoking, or even carrying a lit joint in public, you'll likely be arrested. And overall, remember that it is up to the officer to determine if your possession warrants an arrest. So if you’re hanging out near a school, even if you’re carrying less than 25 grams, the officer can arrest you under the suspicion you may be attempting to sell marijuana to minors.
Also, like any other action that draws the attention of police — drinking in public, littering, disorderly conduct etc.— an officer can request that you present a valid form of identification. If you aren't able to produce identification in a reasonable amount of time, you’ll be taken to a police station where you’ll have the opportunity to have someone bring in your ID, and once you've provided identification, if it’s determined that you have an active warrant, then of course you’ll be arrested.
To hear how people in two neighborhoods in Brooklyn — one predominantly white, one predominantly black — are reacting to the new law, click the audio above.
I’ve heard that if I'm found with 25 grams or less of marijuana, I'll now be give a summons instead of being arrested. Does this mean NYPD officers will now carry scales to weigh pot?
No. NYPD officers are trained to identify what 25 grams of marijuana looks like. At the press conference to announce the new policy, Commissioner Bill Bratton displayed what seemed to be a standard Ziplock bag filled about halfway with oregano to show the amount of marijuana that constitutes low-level possession (25 grams).
What if the marijuana is rolled in joints? How would the cops identify if it’s more or less than 25 grams ?
It’s dependent on a police officer’s assessment and discretion in determining the amount of marijuana in someone’s possession, regardless of the way the marijuana is packaged.
That sounds like it’s prone to a substantial amount of human error. What if an officer erroneously determines that I’m carrying more than 25 grams? I’ll be wrongfully arrested!
You may be wrongfully arrested initially, but your marijuana will be sent to a police lab for processing, at which point it will be measured.
But what if an officer gives me a summons, because he thinks I have 25 grams or less of marijuana, but when it’s actually measured it turns out to be more than that? Would there be a warrant issued for my arrest?
The NYPD’s chief of patrol, James O’Neill, said no. “Within the spirit of the law, I would say probably not, because that would entail us to go back out and re-arrest the person,” he said. “The whole purpose operationally, for me as chief of department, is to keep people — keep cops on the street. . . . I’d have to discuss with all of the district attorney's Offices but right now, my preference is to keep cops on patrol.”
If I’m given a summons, does that mean that I now have a criminal record?
No. Low-level possession is considered a violation, not a crime.
So what are the penalties associated with the summons?
You’ll be fined up to $100, at the court's discretion, for the first offense and up to $250 for the second offense. But you can’t mail in your payment. You’ll have to show up at summons court on your designated court date, which in itself is a penalty, because it’s not a fun experience.
What if I “forget” to show up for the court date?
Then a warrant will be put out for your arrest, for failing to appear at your hearing.
Is there any other scenario where I can be arrested for marijuana possession, other than carrying more than 25 grams?
Yes. If you're smoking, or even carrying a lit joint in public, you'll likely be arrested. And overall, remember that it is up to the officer to determine if your possession warrants an arrest. So if you’re hanging out near a school, even if you’re carrying less than 25 grams, the officer can arrest you under the suspicion you may be attempting to sell marijuana to minors.
Also, like any other action that draws the attention of police — drinking in public, littering, disorderly conduct etc.— an officer can request that you present a valid form of identification. If you aren't able to produce identification in a reasonable amount of time, you’ll be taken to a police station where you’ll have the opportunity to have someone bring in your ID, and once you've provided identification, if it’s determined that you have an active warrant, then of course you’ll be arrested.
More in:
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Kathleen Horan, Reporter, WNYC News
Kathleen Horan is a staff reporter for New York Public Radio, covering the neighborhood beat. She also reports 'Reset', an ongoing series documenting police-community relations in Bedford Stuyvesant, Brooklyn.
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Stephen Nessen, Reporter, WNYC News
Stephen Nessen reports for the WNYC Newsroom and can often be heard live on Morning Edition.
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