Starting Wednesday, people who use or possess marijuana in Manhattan will not face prosecution.
District Attorney Cyrus Vance, Jr. laid out the policy change in a press release Tuesday, announcing his office’s intent to reduce cannabis prosecutions by 96 percent annually in the New York City borough.
“Every day I ask our prosecutors to keep Manhattan safe and make our justice system more equal and fair,” Vance said. “The needless criminalization of pot smoking frustrates this core mission, so we are removing ourselves from the equation.”
“Our research has found virtually no public safety rationale for the ongoing arrest and prosecution of marijuana smoking, and no moral justification for the intolerable racial disparities that underlie enforcement. Tomorrow, our Office will exit a system wherein smoking a joint can ruin your job, your college application, or your immigration status, but our advocacy will continue. I urge New York lawmakers to legalize and regulate marijuana once and for all.”
The “decline to prosecute” policy was distributed to Manhattan district attorneys and the New York Police Department last week, according to the press release.
Our research has found virtually no public safety rationale for prosecuting these cases, and no justification for the underlying racial disparities. pic.twitter.com/wXDxOr3MAf
— Cyrus Vance, Jr. (@ManhattanDA) July 31, 2018
Vance, whose office previously commissioned a report on the effect of legalization in jurisdictions that have enacted it, first announced the new non-prosecution policy in May, and is now putting it into effect.
The move represents yet another localized, marijuana reform effort in the Empire State, where the prospect of full legalization appears increasingly likely. Just last week, Brooklyn District Attorney Eric Gonzalez touted new numbers showing a dramatic reduction in marijuana prosecution cases from January to June 2018.
The Brooklyn District Attorney’s office reported that prosecutors accepted 91 percent fewer marijuana cases since the pilot program started.
Prosecuted cases are ⬇️ 91%
Cases that were declined prosecution are ⬆️ 70%
Arrests are ⬇️ 60%
— Eric Gonzalez (@BrooklynDA) July 27, 2018
“Aggressive enforcement and prosecution of personal possession and use of marijuana does not keep us safer, and the glaring racial disparities in who is and is not arrested have contributed to a sense among many in our communities that the system is unfair,” Gonzalez said. “This in turn contributes to a lack of trust in law enforcement, which makes us all less safe.”
“That is why, earlier this year, we expanded our existing non-prosecution policy to include smoking cases.”
Both the Manhattan and Brooklyn District Attorney offices stipulated that their “decline to prosecute” policies will not apply in cases where the suspect poses a threat to public health, among other exceptions.
The greening of New York is also evident in recent political developments. For example, the state’s Democratic Party adopted a pro-legalization stance during its May convention.
And as the gubernatorial race has heated up—with incumbent Gov. Andrew Cuomo facing harsh criticism from his progressive, pro-legalization contender Cynthia Nixon—his administration released a state Health Department report concluding that the pros of marijuana legalization outweigh the cons earlier this month.
The full text of Manhattan’s new policy is below:
Beginning on August, 1, 2018, the Office will no longer prosecute marijuana possession and smoking cases (PL § 221.10(1) and PL § 221.05). Assistant District Attorneys should use the new “DP-Marijuana” template in ACT6 to decline to prosecute an arrest. There are two limited exceptions to this policy. A prosecution may be appropriate in either of the following circumstances:
— Cases against sellers: Examples include observation sales where PL § 221.40 cannot be charged, or possession of large quantities of marijuana individually packaged for sale (10 bags or more).
— Demonstrated public safety threat: A case where there is additional information from the NYPD or from our Office which demonstrates that the individual otherwise poses a significant threat to public safety, and an Office supervisor agrees with that assessment. Examples include a defendant currently under active investigation for a violent offense or other serious crime.
Assistant District Attorneys must state on the record at arraignment that ‘the case falls within one of the limited exceptions to our marijuana policy.
Watch: Senator’s Spot-On Impression Of Mitch McConnell Talking About Marijuana
Senate Majority Leader Mitch McConnell (R-KY) was apparently taken aback when he heard that the red state of Utah is likely to legalize medical marijuana in November.
Sen. Cory Gardner (R-CO) said in an interview on Wednesday that the exchange took place during Senate’s tax reform debate earlier this year, and he executed a pretty uncanny impression of McConnell in the retelling.
Asked by Capitol Hill newspaper Roll Call to share his favorite story about McConnell, Gardner said the two struck up a conversation on the Senate floor about marijuana and small business tax issues.
At the time, the Colorado senator was pushing an amendment to undo the provision in federal tax law known as 280E that prevents marijuana businesses from writing normal expenses off of their returns.
Gardner pressed McConnell on the issue, telling him that “47-plus states have legalized some form of marijuana, medical marijuana, CBD… Even Utah is most likely gonna legalize medical marijuana this year.”
“And McConnell looks at me and he goes, ‘Utah?’ And just this terrified look. Right as he says that, [Sen. Orrin Hatch (R-UT)] walks up, and Mitch looks at Orrin, and he says, ‘Orrin, is Utah really gonna legalize marijuana?'”
Then, looking at his feet, hands folded, the Mormon senator from Utah deadpanned: “First tea, then coffee, and now this.”
“It was just hysterical,” Gardner said.
You can watch the full Roll Call interview here.
Though McConnell isn’t quite the face of cannabis reform in Congress, he’s taken a leadership role in the fight to legalize industrial hemp—successfully securing a provision to accomplish just that in the Senate-passed version of the Farm Bill, which is now being reconciled with a proposal from the House that contains no hemp language.
Gardner, meanwhile, has embraced reforms sought by the legal cannabis industry in the years since Colorado became the first state to end marijuana prohibition in 2012.
Photo courtesy of RollCall.
Man Sends Marijuana Samples To Feds… To Make A Legal Point
Mailing numerous cannabinoid samples to U.S. courts and the Department of Justice was a key part of one man’s convoluted lawsuit strategy against the federal government that relied on an obscure Confederate-era statute, court filings show.
Oh, right. This requires some explanation. So, it’s not entirely clear what the end-game in this case was meant to be, but the essential facts are as follows: a man named Jeffrey Nathan Schirripa filed suit in the U.S. Court of Federal Claims, alleging that the government failed to hold up its end of a contract that, in a roundabout way, he attempted to force upon it.
Schirripa first sent cannabinoid samples to the Justice Department and a U.S. district court in 2015 to lay the groundwork for a theoretical “contract” between himself and the government, according to the filings. But the court “dismissed the complaint for lack of subject-matter jurisdiction and for failure to state a claim upon which relief can be granted.”
Then, in an apparent effort to “prove the existence” of a contract, Schirripa attached unspecified parts of marijuana to 18 copies of a confidential petition for rehearing this year. Schirripa seemed to believe that he was creating “subject matter jurisdiction,” a necessary component of an implied unilateral contract that he said the government violated.
The court did not agree that unsolicited mailings of controlled substances constituted the relevant subject matter in an implied contract, though. On Monday, it filed this order:
“The Clerk of Court is directed to transmit these 18 documents to the U.S. Marshals Service for appropriate disposition or alternate action within the purview of the U.S. Department of Justice.”
The judges explained that the specific U.S. statute that Schirripa used as the basis of his subject matter claim was enacted in 1861, and it was exclusively designed to “weaken the Confederate States by authorizing the President to seize property aiding the Confederacy in its insurrection.” In other words, it didn’t apply here.
In his petition for rehearing, Schirripa included a flow chart visualizing of his intended logic.
It starts with the fact that he sent prototypes of “neuroprotecting antioxidants” to members of the U.S. Court of Appeals for the Federal Circuit. Schirripa admits that sending the “gifted” substances directly violated the Controlled Substances Act. So far, so good.
But from there, the petitioner seems to suggest that in both possible scenarios he presents—that the law can be enforced against him for mailing a controlled substance or that it can’t and so the cannabinoids are therefore “subject to prize/capture”—he’s proven to be an “interested party,” thereby validating his claim that the government breached an implied unilateral contract.
“I don’t fully understand the Schirripa’s flow chart, but it appears to be a boot-strap version a catch-22 for the court—the type of argument that you might figure out while high,” Dennis Crouch, a law professor at the University of Missouri School of Law, wrote in a blog post about the case.
The court seemed to agree. The statutes upon which Schirripa rested his contract theory “have no relation to any contract theory or any government bid or procurement practice,” the judges ruled in their denial of his rehearing. “The Court of Federal Claims thoroughly considered Mr. Schirripa’s arguments and theories, and fully explained their inapplicability.”
The appeals process might not have worked out, but it’s hard to imagine that Schirripa will be totally deterred. This marks his third appeal on “related actions” since 2014, court documents show. The legal logic of an implied unilateral contract didn’t hold up this time, but Schirripa—who has described himself as “the world’s most qualified expert in the realm of Cannabinoid Reform”—seems to be nothing if not tenacious.
Photo courtesy of Nicholas C. Morton.
Marijuana And Other Drugs Should Be Legalized, Likely Next House Judiciary Chair Says
A Democratic lawmaker who many political observers believe will likely be the next chairman of the powerful U.S. House Judiciary Committee implied in an interview on Wednesday that he supports legalizing other currently illicit drugs in addition to marijuana.
“From everything we have learned, people are going to do drugs. And certainly the softer drugs like marijuana, there’s no good reason at all that they cannot be legalized and regulated properly,” Rep. Jerrold Nadler (D-NY) said.
“The major effect of the war on drugs has been to fill our prisons with huge numbers of people to no great effect except to waste money and to ruin lives.”
In the comments, which Nadler made during an interview with WNYC’s Brian Lehrer Show, the congressman did not specify with substances he believes should be legalized, but his use of the pluralized phrase “softer drugs like marijuana” and the word “they” suggests his anti-prohibition views extend beyond just cannabis.
There is no precise definition of what constitutes a “soft drug” as compared to a “hard drug,” but some analysts categorize substances like LSD, psilocybin and MDMA in the former category in light of their lack of addictive potential.
Nadler is currently the top ranking Democrat on the Judiciary Committee, which has oversight of the Drug Enforcement Administration and other federal law enforcement agencies involved in drug enforcement and prosecution. If Democrats take control of the House in the midterm elections, as many poll watchers predict, he would likely ascend to the panel’s chairmanship and have the power to bring marijuana and other drug reform bills up for a vote.
Also in the radio interview, Nadler called the war on drugs an “abject failure” that is “not succeeding in reducing crime or doing anything else.”
“We ought to look at drugs as a public health issue.”
The comments came shortly after another key Democrat, Rep. Earl Blumenauer (D-OR), released an eight-page memo to fellow party members laying out a step-by-step strategy for how they can accomplish federal marijuana legalization in 2019 if they take control of one or both chambers of Congress. The plan includes a hearing on marijuana descheduling before the Judiciary Committee.
When it comes to marijuana, Nadler sees it as “far less damaging than nicotine to people’s health and we should probably regulate it similarly,” he said in the interview, adding that its current restrictive Schedule I status “doesn’t make any sense.”
Photo courtesy of David.