An analysis of alternatives to New York City's current marijuana arrest and detention policy

Abstract

During the 1990s, the New York Police Department (NYPD) instituted a policy of arresting and detaining people for minor offenses that occur in public as part of their quality-of-life (hereafter QOL) policing initiative. The number of NYPD arrests for smoking marijuana in public view (MPV) increased from 3,000 in 1994 to over 50,000 in 2000, and have been about 30,000 in the mid 2000s. Most of these arrestees (84%) have been minority; blacks have been 2.7 more likely and Hispanics 1.8 times more likely to be detained than whites for an MPV arrest. Minorities have been most likely to receive more severe dispositions, even controlling for demographics and prior arrest histories. This paper examines the pros and cons of the current policy; this is compared with possible alternatives including the following: arrest and issue a desk appearance ticket (DAT); issue a noncriminal citation (violation); street warnings; and tolerate public marijuana smoking. The authors recommend that the NYPD change to issuing DATs on a routine basis. Drug policy reformers might wish to further pursue changing statutes regarding smoking marijuana in public view into a violation (noncriminal) or encourage the wider use of street warnings. Any of these policy changes would help reduce the disproportionate burden on minorities associated with the current arrest and detention policy. These policies could help maintain civic norms against smoking marijuana in public.

Self-reported use of novel psychoactive substances in a US nationally representative survey: Prevalence, correlates, and a call for new survey methods to prevent underreporting

“…Adding to our hypothesis that synthetic cannabinoids is a “different animal,” we found that white individuals were more likely to report any NPS use; however, over a quarter (27%) of synthetic cannabinoid users identified as Hispanic (compared to 7–10% for other subgroups). It may be that racial minorities are using this “legal” synthetic version of THC to evade arrest because racial minorities are at highest risk for arrest related to marijuana possession (American Civil Liberties Union, 2013; Golub et al, 2007; Johnson et al, 2008; Palamar, 2014; Palamar et al, 2014). …”

Powder cocaine and crack use in the United States: An examination of risk for arrest and socioeconomic disparities in use

“…Almost a quarter of black adults live in poverty, nearly twice the national average (SAMHSA, 2010); therefore, results suggest race may actually be a confounder for crack use among individuals of lower SES, and that crack use may be more prevalent in resource-poor neighborhoods, many of which are predominantly African American. Minorities are also at increased risk of being arrested for drug possession due to “stop and frisk” policies (ACLU, 2013; Ramchand et al, 2006) and because lack of resources leads to riskier purchasing factors (e.g., buying out in the open) which place them at high risk for arrest (ACLU, 2013; Golub et al, 2007; Johnson et al, 2008). …”

An Examination of Opinions Toward Marijuana Policies Among High School Seniors in the United States

“…Compared to whites, black and Hispanic students are more likely to support more liberal marijuana policies, yet they report lower rates of use than White students (Johnston et al 2012). This may be due, in part, to the fact that blacks and Hispanics have higher rates of arrest related to use (American Civil Liberties Union [ACLU] 2013; Golub et al 2007; Johnson et al 2008), which is likely due to minorities engaging in riskier purchasing practices (e.g., buying out in the open, buying from strangers) and from “Stop and Frisk” policies (ACLU 2013; Ramchand et al 2006). Arrest disparities are common in large MSAs like New York City, and MSAs also tend to have higher rates of use than non-MSAs (Johnston et al 2012), which may help explain why students in cities tend to support more liberal policies.…”