Arrests for Marijuana Possession Increasing

June 04, 2011

Arrests for Marijuana Possession Increasing

In New York City, the most common misdemeanor arrest is for marijuana possession, with 140 people per day arrested at a cost of more than $75 million per year. According to the New York State Division of Criminal Justice Services, more than 50,000 arrests were made in New York City for misdemeanor marijuana possession in 2010, the highest number in a decade.

Under New York law, possession of marijuana is a misdemeanor if it is smoked or held open to public view but is only considered a violation if it is concealed on the person. This means someone who conceals marijuana in a pocket, sock, or elsewhere on his person should receive only a ticket and a fine, as opposed to someone caught smoking a marijuana cigarette or holding a bag of marijuana in his hand, where people can see it. However, some of those arrested for possession, as well as defense attorneys and some current and former law enforcement officers, assert that the police making the arrests often ignore the distinction.

Almost 90 percent of those arrested in New York City for marijuana possession are black or Latino, according to a WNYC News report. The police who conduct these stop-and-frisks often do so without the reasonable suspicion required to stop a suspect.

An officer is allowed to conduct a pat-down if he or she believes the person stopped is carrying a weapon and is permitted to conduct a search if he or she feels an object believed to be a weapon. However, many officers conduct illegal and thorough searches of pockets, shoes, shocks and even underwear, by habit.

If marijuanais discovered during the search, the officer may write in the report that the marijuana was in public view, neglecting to mention that he or she was the one who removed it from concealment. Cases only get thrown out by the district attorney when the officer admits that the marijuana was initially concealed.

Most people arrested don't challenge the constitutionality of the search because they can't afford to fight the case, which can mean multiple court appearances. They often find it easier to plead guilty, especially to a lesser charge.

While police draw a connection between increased arrests for minor crimes and a reduced crime rate, law enforcement experts say it is impossible to attribute any long-term reduction in violent crime to any single particular low-level arrest.

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