There has been some confusion and misinformation circulating about what New York’s latest expansion of marijuana decriminalization means and what impact it will have on criminal prosecutions going forward.
The new Report by the New York City Police Department’s “Working Group” is more window dressing than an actual policy change. It appears to be an elaborate 20-page rationalization to continue the present enforcement protocol without any real progress on the policing front. As of today, the policy continues to leave it to the relatively unfettered discretion in the hands of each officer to decide whether to issue a summons or, subject to a variety of exceptions, affect a full-blown arrest for the public consumption of marijuana.
In a surprise joint press conference, Cyrus Vance Jr. and Eric Gonzalez, the respective District Attorneys of Manhattan and Brooklyn in New York City, both announced that with limited exception low-level marijuana-related offenses would no longer be prosecuted.