Manhattan decriminalizes cannabis possession and use

Manhattan District Attorney Cyrus Vance announced on Tuesday that he is dropping charges for the use and possession of small amounts of cannabis, which he sees as unjustified and creating inequality. At a time when discussion of legalization is well underway in New York City and State, this decision, although limited to the District of Manhattan, marks a step towards more progressive cannabis policies.

A similar case recently took place in New Jersey, at the level of the municipality of New Jersey City, whose mayor pre-empted state policy by announcing that his city would no longer prosecute minor cannabis offenses.

A new policy

Announced on Tuesday, the news made the rounds of the legal and police departments via a memo from the prosecutor detailing the contours of the new policy that took effect yesterday.

No charges will be laid for the possession and consumption of small quantities of cannabis, with the exception of special cases including intent to sell and disturbing the peace. Thus, if the offence is committed by an individual already on the police record for violent offences or even felonies, or who is under investigation for similar offences, the new policy will not apply.

The prosecutor expects a drastic drop in prosecutions from 5,000 cases a year to around 200, a reduction of 96%, which would free up police time and resources to deal with more serious cases.

The DA is also working with public defense and criminal justice organizations to eliminate criminal records and drop pending charges for minor cannabis offenses. He believes that these charges unjustifiably harm people's lives and reputations: «Tomorrow, our office will emerge from a system where smoking a joint can ruin your career, your college application or your immigration status.».

He also called for legalization in New York State, in line with the outcome of’a study commissioned by the governor I call on New York State legislators to legalize and regulate cannabis once and for all.

A fairer system and an end to discrimination

The study in question, which aimed to assess the risks and benefits of legalization, had ruled in favor of the latter to put an end to racial discrimination and the stigmatization of consumers. In its conclusions, it agreed with another study which was the basis for the prosecutor's decision.

The study shows that a large proportion of New Yorkers use cannabis, and that the current legal system disproportionately affects racial minorities. A report from the New York Police Department corroborates these facts, stating that 93% of cannabis arrests involved people of color.

Cyrus Vance announced the new system to make the city more equitable: «Every day I ask our prosecutors to make Manhattan a safe place and to make our justice system more fair and just (...) the unjustified criminalization of cannabis use hinders this mission, which is why we're taking ourselves out of the equation».

Consistent with the findings of the studies he adds, «the research found no valid public safety reason to continue cannabis arrests and prosecutions, and no moral justification for the intolerable racial disparities that result from law enforcement.».