To address the controversial and often biased stop-and-frisk policies in New York State, Assembly Speaker Sheldon Silver joined with co-sponsor Assemblyman Karim Camara, Chair of the Black, Puerto Rican, Hispanic and Asian Legislative Caucus, to announce the passage of legislation that would reduce the penalty for possession of a relatively small amount of marijuana in public view from a class B misdemeanor to a violation. The bill would ensure that all those who are charged with possession of 15 grams of marijuana or less are penalized in an impartial and consistent manner (A.6716-A).

The legislation would ensure that penalties for the public possession of 15 grams of marijuana or less are equivalent to private possession of the same amount. Consistent with existing law for private possession, a first offense would be punishable by a fine of up to $100. The measure increases fines and other penalties if the person has been convicted of one or more marijuana or controlled substance offenses within the last three years. Penalties would remain the same for smoking or burning marijuana in public; which would continue to be punishable as a class B misdemeanor.

"Applying a misdemeanor charge for possession of a relatively small amount of marijuana according to the current law diverts law enforcement efforts and millions of dollars in taxpayer money away from serious crimes," Silver said. "The law also unfairly targets young people, especially Black and Hispanic youth. This misdemeanor-level conviction can be a permanent stain on the future of these young men and women, impeding career and educational opportunities and essentially placing this vulnerable group of people at the fringes of society. Our youth should be able to learn from their mistakes, rather than fail because of them. The passage of today's legislation is a positive step forward in ensuring that reasonable, fair penalties apply to those charged with smaller-quantity marijuana possession."

Current law makes possession of 25 grams or less of marijuana possessed in a "public place" and "open to public view" a class B misdemeanor, punishable by up to three months imprisonment. However, the non-public possession of the same amount is punishable only by a fine. This small distinction between public and non-public possession has facilitated a floodgate of rash and unreasonable arrests and charges. In some jurisdictions, police officers request or demand that individuals encountered on the street empty their pockets or purse; this action by law enforcement sometimes forces exposure of small-quantities of marijuana into "public view," thereby resulting in arrest and heightened criminal penalties.

Camara said, "For too long, a loophole in the 1977 marijuana possession law allowed for the law to be applied differently to different groups of people based solely on race, age and geography. By closing this loophole and standardizing the law, this legislation will help restore fairness, equity, and sensibility to our marijuana possession laws. Marijuana remains illegal, and penalties for possessing it remain on the books, but no longer will someone incur a lifelong criminal record for simple possession. This is a civil rights issue, and I'm proud of my colleagues in the Assembly for passing this important bill. Now it's time for our colleagues in the Senate to act, so we can deliver this bill to Governor Cuomo for his signature."

New York Civil Liberties Union Executive Director Donna Lieberman said, "In all corners of New York State, police are targeting people of color for marijuana possession arrests. Arresting and jailing thousands of people for possessing small amounts of marijuana does not make safer streets. It only needlessly disrupts people's lives and fosters distrust between the police and the communities they are sworn to serve. The Assembly's vote today is an important first step in fighting back against this senseless marijuana arrest crusade."

Hazel N. Dukes, President of the NAACP New York State Conference said, "The passage of this bill can be one of the highlights of this year's legislative session, ensuring that New York State is moving in the right direction. Stop-and-frisk policies have particularly affected the Black, Hispanic and other minority communities and this legislation would show that this state is moving toward equality for all persons. I applaud Speaker Silver and his colleagues in the Assembly for passing such important legislation."

Karen Scharff, Executive Director of Citizen Action of New York said, "This legislation is a much-needed, common sense reform of a policy that has, for too long, unfairly targeted minority youth in our state. While this legislation still holds those charged responsible for their actions, it will help remove the stigma, discrimination and long-term consequences that have come along with previous policies. I applaud Assembly Speaker Silver, Assemblyman Camara and their Assembly colleagues for addressing this important issue."

Gabriel Sayegh, New York State Director of the Drug Policy Alliance said, "Thank you Assemblyman Karim Camara, Speaker Silver and the NY State Assembly for demonstrating leadership by creating smarter, fairer drug policies. Ending blatant and rampant discrimination and wasteful practices should be a top priority in Albany. It's time for the Senate to act and send this bill to Governor Cuomo for his signature."

Nassau County District Attorney Kathleen Rice said, "A misdemeanor conviction for possessing a small amount of marijuana can harm job prospects for a lifetime. This legislation will fairly calibrate the severity of the penalty to the offense and allow police and prosecutors to better utilize resources to take on drug traffickers and violent crimes. I thank the Assembly for today's vote, and I strongly encourage the Senate to pass this important legislation."