POLICY OPTIONS BRIEF
To: Governor Cuomo, Senator Lanza, and Senator Dilan
From: Daniel Hayden, Chava Golding, and Batya Resnick
Date: March 7, 2015
Re: Legalize Marijuana in New York State
THE PROHIBITION OF MARIJUANA
The legalization of marijuana is a hot topic currently facing the country. Like the prohibition of alcohol in the 1920s, a policy that initially had the public support has shifted as more problems are created from policing marijuana than stopped through its ban. Many states are debating whether or not to legalize or decriminalize marijuana. While New York decriminalized marijuana and currently is implementing a law that would allow for medical marijuana to be prescribed by 2016, there is more to be done.
After the successes of legalization efforts in Colorado, Washington, and now Alaska, it is becoming clear that the pros far outweigh the cons. The “War on Drugs” has failed in its attempt to keep many illicit substances off the streets. While not all narcotics should be decriminalized or legalized, marijuana is the exception. By crafting a responsible policy that legalizes marijuana, New York will be stemming a rise in the prison state, fighting against laws that target racial minorities, enact fiscally responsible police procedures, and create a well regulated industry.
The Prison State
It’s no secret that America has a problem with how many citizens get arrested. According to a leading nonprofit, the United States’ prison population is more than 6 times as high as the average western European country and only Russia has a higher incarceration rate per 100,000 people.[i] Part of that problem is the drug policy.
New York decriminalized marijuana back in 1977, making it a “non-criminal offense” to possess up to 25 grams. Still, a fine is incurred for any amount below the 25 gram limit: $100 for a first time offender, $200 for a second offense and $250 with a possibility of an additional 15 day imprisonment on the third offense. Despite that, marijuana arrests have continued to rise. In New York City there were 59,000 marijuana related arrests in 2010.[ii] In 2011 alone, more people were arrested for marijuana possession than the total combined number of such arrests between 1981 and 1995.[iii]
Currently, New York law makes it a criminal offense to be in possession of more than 25 grams of marijuana; an amount equal to less than 1 ounce. The table below cites figures and penalties from the New York Penal Law Code.[iv]
Marijuana Possession PenaltiesAmount / Greater than 25 grams, less than 2 oz. / Greater than 2 oz., less than 8 oz. / Greater than 8 oz., less than 16 oz. / Greater than 16 oz., less than 10 lbs. / Excess of 10 lbs.
Charges / Class B Misdemeanor / Class A Misdemeanor / Class E Felony / Class D Felony / Class C Felony
Sentence / Maximum 3 months in prison / Maximum 1 year in prison / Maximum 4 years in prison / Maximum 7 years in prison / Maximum 15 years in prison
As the table illustrates, the more marijuana an individual possesses, the more trouble they are in. However, racist policing practices have made minorities more susceptible to punishment even when they are in possession of a noncriminal amount.
Race Issues in Marijuana Enforcement
The issue of race and the impact our current drug policy has on minorities must be addressed. Despite similar rates of use, African Americans are 3.7 times more likely to be arrested for marijuana than their white counterparts.[v] Once arrested, black people are 10 times more likely to be sent to prison than white people.[vi] Even a misdemeanor marijuana conviction can result in revocation of professional licenses and driver’s licenses and an inability to get insurance, mortgage or bank loans.[vii] It raises the question: Why? A recent study concluded that of the 30,000 New Yorkers who were convicted of a marijuana offense, 90% of those without a prior conviction had no subsequent felony convictions.[viii] Like Prohibition in the 1920’s and 30’s, these laws are not targeting hardened criminals but rather turning ordinary citizens into criminals. Furthermore, the economic pitfalls are well documented.
Unaffordable Drug Policies
It costs the United States an estimated 3.6 billion dollars a year to enforce marijuana drug laws.[ix] Using the previous example of over 59,000 marijuana arrests in New York City alone, it is easy to imagine an inordinate amount of money being spent in New York to combat weed. Legalization would allow the state to reallocate the funds it currently has pigeonholed for marijuana towards more worthwhile pursuits such the prevention and policing of violent crimes and anti-terrorism efforts. It would also free up the court system fighting to keep afloat in the midst of a seemingly endless river of drug trials. Finally, prisons would be less taxed without the influx of nonviolent offenders.
Political Will
In a 2013 Pew Poll, 52% of respondents said they supported legalizing marijuana use.[x]A closer look at the same survey indicates that the number jumps to 69% in support of legalization.[xi]Similar to gay marriage, the environment is ripe to push for comprehensive change that would have been impossible a decade ago. In connection to my final point, 72% of respondents in another poll stated that government efforts to enforce marijuana laws were not worth the cost.[xii]
Legalization Makes Sense Economically and Socially
Colorado provides a roadmap in what to expect immediately after legalizing marijuana. In the first four months after legalization, Colorado collected over 10 million dollars in new tax revenue.[xiii] Most of that tax money was earmarked for schools, infrastructure and substance abuse policies. Colorado is swimming in so much extra tax money that it has even started giving rebates to its citizens. In addition, Colorado saved an estimated 12 to 40 million dollars by ending criminal penalties for marijuana possession.[xiv] Finally, an estimated 1 to 2 thousand jobs have been created to support the new marketplace.[xv] These economic boons would only be magnified in a state as large as New York.
Looking again to Colorado, we see that overall crime has decreased by 10% and that violent crime has decreased by 5.2%. By refraining from turning ordinary, law-abiding citizens into criminals, New York could save millions of dollars each year. New York would also be supporting its citizens that lose access to vital services by having petty pot related convictions.
A RESPONSIBLE PUSH TOWARDS LEGALIZATION
A balanced approach is needed to end the issue of marijuana and a well regulated policy that maintains core values is essential. The examples of other states prove that it should be rather inexpensive to plan and implement. Keeping that in mind, there are certain criteria to consider.
Legalize Only Small Amounts
Following the example of Colorado, only a set amount of weed should be allowed at any one time. One ounce of marijuana allowed would be an increase of the amount currently decriminalized by New York. Any amount more than an ounce would be subject to a new hierarchy of charges, starting again at noncriminal infractions.
Growing marijuana should also be somewhat limited. Colorado allows for six plants and that could be New York’s standard as well. These plants would also need to be in a secure and private location. Since consumption and growth are legal, any paraphernalia should also be allowed.
Restrict Access to Minors
Like alcohol or tobacco, marijuana must be kept out of the hands of minors. An official age of 21, the same as the drinking age, should be the requirement. This gives marijuana a familiar legal feel to the population. Providing photo identification for purchase will be mandatory at all legal selling facilities. Any deviation from this practice would result in license revocation and the assessment of fines. Furthermore, any individual caught selling or gifting marijuana to underage persons would be subject to similar criminal charges as providing alcohol to minors.
One lesson learned from the tobacco industry is that young people are especially impressionable, particularly from advertisements. Borrowing from the restrictions placed on cigarettes and other tobacco products, ads concerning marijuana use will be intensely regulated and scrutinized.
Marijuana Dispensaries Need to Meet Requirements
If stores were to be able to sell marijuana, New York must ensure that they do so responsibly. The first step towards such action would be the issuance of licenses. Businesses could apply for licenses with criteria set by the state. Only after approval could they begin selling marijuana. Licenses would allow the state to set standards such as security requirements and proper product labeling. In addition, application and renewal fees would provide revenue along with state and local sales tax.
Marijuana in Public Areas
Although marijuana may be possessed and consumed, it must be done so privately. Marijuana will not be allowed to be smoked in public places. The law restricts the consumption of marijuana to private areas. Discretion should be used. Public places include but are not limited to: state parks, restaurants, subways, airplanes, and areas occupied primarily by children. Marijuana smoke contains toxic chemicals that can be harmful. Additionally, no public consumption means that the underage will not be exposed to excessive images of marijuana.
Monitoring Marijuana
In an effort to enforce the responsible use of Marijuana, a state-wide data base should be created that will be used by all marijuana dispensaries. The data base should be synced with data bases of past drunk drivers in order to restrict marijuana to individuals with history of substance abuse and criminal records. The data base will also monitor the quantity of marijuana purchased by an individual, limiting the possession of marijuana to one ounce. Finally, the data base will screen for frequent users who will be alerted to suggest that they have a visit with their doctor for a routine medical exam.
Zero-Tolerance Policy
In order to implement the safe use of marijuana, a strict zero-tolerance policy must be enforced for individuals who break the law. Individuals who are caught driving under the influence, exceed the possession limit, smoke publicly, or who are underage will suffer a major penalty. In addition to paying a high fine, law-breakers will be banned from purchasing marijuana for five years. A penalty waiting period is the best deterrent for repeated offenses. A zero-tolerance policy for breaking the law will encourage safe and responsible use of Marijuana.
Educating the Public
A major PR campaign must be launched in order to educate and warn the public about the dangers involved when being under the influence. The entire society needs to be re-educated about the possible harmful dangers of marijuana and how to practice smoking marijuana safely. Parents and teachers need to be educated about the symptoms to look out for underage use, while adults should be watchful of their friends and work colleagues. As marijuana is a controlled substance, it must be clearly labeled and made obvious that overindulgence is dangerous. Furthermore, marketing campaigns and slogans need to be established about the severe dangers of driving under the influence. Such ads include billboards, newspaper ads, subways ads, radio spots, TV commercials, and social media. A trademark message should also be established, strengthening the effects of the message.
It should be understood that through the messages of community leaders, Rabbis, and Priests, just because something is legal, it does not necessarily mean it is recommended and safe. Smoking drugs should never be encouraged and drugs should never be used to replace whatever is really bothering the individual. We are aware that the legalization process of marijuana will make it more accessible but the hope is that the procedures put forth in this policy will keep usage safe.
[i]Norml.org,.‘Legal Issues.’Last modified 2015.Accessed 7 March 2015.
[ii]Wegman, Jesse. ‘The Injustice of Marijuana Arrests.’The New York Times. 2014. Accessed 7 March 2015.
[iii] Drugpolicy.org,. 'Ending The Marijuana Arrest Crusade In New York State | Drug Policy Alliance'. Last modified 2015.Accessed March 8, 2015.
[iv] Ypdcrime.com,.'Article 221 | NYS Penal Law | Marihuana Offenses | NY Laws'.Last modified 2015.Accessed March 8, 2015.
[v]Wegman.“The Injustice of Marijuana Arrests.”
[vi]Ibid.
[vii]Ibid.
[viii]Ibid.
[ix]Ibid.
[x]Lapidos, Juliet. 'Public Lightens Up About Weed'. The New York Times, 2014.Accessed February 18, 2015.
[xi]Ibid.
[xii]Ibid.
[xiii] Roberts, Jeff. '7 Ways Marijuana Legalization Has Already Benefited Colorado In Only 8 Months'. Collective-Evolution.Last modified 2014.Accessed February 18, 2015.
[xiv]Ibid.
[xv]Ibid.