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Governor Andrew Cuomo is making a move that could drastically reduce the number of people arrested for marijuana possession as a result of police stop-and-frisks.The governor has asked the legislature to change state law reducing the penalty for possessing 25 grams of marijuana or less to a violation instead of a misdemeanor.
Speaking to reporters in Albany, Cuomo called the proposal "long overdue."
Smoking marijuana in public would still be a misdemeanor.
Cuomo called the current law and its enforcement inconsistent, as well as a larger problem in the minority community, citing a 94-percent conviction rate.
"I understand the police commissioner's directive, I understand that first I think it puts police in an awkward position to tell them enforce some laws, don't enforce other laws," Cuomo said. "And I think that's a bad precedent, frankly, in general. It's not the job of the police. They're not gonna cherry pick which laws they pass."
Advocates for the change argue many have been unfairly arrested after being told by police to empty their pockets, putting the drugs in public view.
Some New Yorkers who spoke with NY1 seemed to agree with the governor's plan.
"I really believe that this little incident can really ruin a person because if they have a small record that doesn't mean they're not trying to get their life together and I really believe it's a very good idea for the governor to do this," said one New Yorker.
"I agree with him because some people make mistakes and when they try to fix things their criminal record sometimes it shows. And I don't think it's worth it half the time 'cause it's something small," noted another.
Last year, police made over 50,000 arrests for misdemeanor marijuana possession.
The push comes on the heels of Police Commissioner Ray Kelly's instruction to officers not to arrest those caught with the drug in their pockets.
Kelly, who was in Albany for the press conference Monday, says when he was criticized by members of the City Council for marijuana arrests of young people during stop-and-frisks he told them to go to the state capital to get the law changed.
In a statement, Mayor Michael Bloomberg is supporting the governor's move, saying it still gives police what they need to maintain public safety, including making arrests for selling or smoking marijuana.
