Prepare for Fewer Pot Arrests: The Police Commissioner Explains the NYPD's New Approach

August 31, 2018

Op-Ed Published in the Friday, August 31, 2018, print issue of the New York Daily News

This weekend, the New York City Police Department is changing its policy with respect to people caught smoking marijuana in public. I want to explain the shift — so both officers and the people of the city understand exactly what we’re doing and why.

The new directive gives police the discretion to issue summonses instead of making arrests for this offense, when possible. The goal is to reduce the number of people arrested citywide, as well as the number of people introduced into the criminal justice system.

The NYPD sees zero value in arresting people for marijuana offenses when those arrests have no direct impact on public safety. And we know that making criminals out of those with no prior arrest history severely hampers our efforts to build trust and strengthen relationships with the people we serve.

But, make no mistake: Marijuana is illegal in New York. And even if it is legalized, it will still be a crime to walk along a sidewalk, drive a car or hang out in a park while smoking it — just like in other states that have already legalized the possession and limited use of the drug. Public consumption is prohibited from coast to coast.

Our new approach to marijuana does not translate into less ardent enforcement, and absolutely does not mean that NYPD officers will turn a blind eye to behavior that a majority of New Yorkers agree is a prevalent quality-of-life concern.

When people smoke marijuana in public, police officers will exercise discretion based on several factors. In most circumstances, the person will be released with a criminal court summons, which does not result in a criminal record.

People might still get arrested, however, if they are: offenders on parole or probation; known violent offenders; offenders with existing felony or misdemeanor warrants; or offenders without identification, or who refuse to produce identification. They can also be arrested if their behavior represents an immediate threat to public safety, such as operating a motor vehicle while smoking marijuana.

These exceptions allow our officers to do their jobs effectively and efficiently, and in a way that best addresses public concerns in the fairest way possible. At the same time, enforcement sends a clear message that times may change, but standards and the rule of law must remain.

Equally important: The people we serve implore us to continue enforcement of marijuana violations. From 2014 to 2017, community complaints surrounding marijuana went up by nearly 30%. And additional concerns are regularly expressed at tenant associations, community councils and Build-the-Block sector meetings run by NYPD neighborhood coordination officers.

These concerns are valid and cannot be ignored. They come from people who want peaceful and secure communities — New Yorkers who are distressed enough to demand that their police intercede.

Marijuana enforcement is one means to further our primary mission of fighting crime and keeping people safe — and ensuring that they feel safe, too. And as we evolve toward fairer marijuana enforcement, our officers will continue to address quality-of-life conditions, target the drivers of serious and violent crimes, and work with everyone, in every neighborhood.

Already since 2014, other NYPD policy changes have seen arrests for top-charge marijuana offenses decrease 32% citywide, and summonses have increased 57%. The changes taking effect now should further reduce marijuana-related arrests by about 10,000 a year.

Four and a half years ago, the NYPD vowed to keep pushing crime down past already record lows through precise, focused enforcement. We have. Overall, major crimes are now at their lowest levels since 1957, and murder is at its lowest since 1951. Our new marijuana arrest policy is another positive step toward less-intrusive enforcement in the greater context of an increasingly safe and secure city.