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R9N-Discuss- Police Policy And Arresting Of Offenders For Small Amounts Of Marijg MIAMIBEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO:Jimmy Morales, City Manager FROM: MichaelGrieco,Commissioner DATE: November 12th,2014 SUBJECT: Discussion regarding police policy and arresting of offenders for small amounts of marijuana Please place on the November 19th City Commission Meeting Agenda a discussion item regarding police policy and arresting of offenders for small amounts of marijuana. Attached, please find report released by The New York Times, "New York State is Set to Loosen Marijuana Laws" and a second report by Big story app "NYC borough won't prosecute low-level pot offenses". lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457. MG/db We are committed to providing excellent public seruice and safety to all who live, work, and play in our vibrant, t prAgenda ltem Date952 New York State Is Set to Loosen Mariiuana Laws - NYTimes.com Page 1 of4 Ebcl{ctrfiorlc@imar h,np:/ /nyli.ms/1awcaLA N.Y. / REGION New York State Is Set to Loosen Marijuana Laws By SUSANNE CRAIG and JESSE McKINLEY JAN.4,2014 ALBANY - Joining a growing group of states that have loosened restrictions on marijuana, Gov. Andrew M. Cuomo of NewYork plans this week to announce an executive action that would allow limited use of the drug by those with serious illnesses, state officials say. The shift by Mr. Cuomo, a Democrat who had long resisted legalizing medical marijuana, comes as other states are taking increasingly liberal positions on it - most notably Colorado, where thousands have flocked to buy the drug for recreational use since it became legal on Jan. r. Mr. Cuomo's plan will be far more restrictive than the laws in Colorado or California, where medical marijuana is available to people with conditions as mild as backaches. It will allowjust zo hospitals across the state to prescribe marijuana to patients with cancer, glaucoma or other diseases that meet standards to be set by the New York State Department of Health. While Mr. Cuomo's measure falls well short of full legalization, it nonetheless moves New York, long one of the nation's most punitive states for those caught using or dealing drugs, a significant step closer to policies being embraced by marijuana advocates and lawmakers elsewhere. New York hopes to have the infrastructure in place this year to begin dispensing medical marijuana, although it is too soon to say when it will actually be available to patients. Mr. Cuomo's shift comes at an interesting political juncture. In neighboring New Jersey, led by Gov. Chris Christie, a Republican whose presidential prospects are talked about even more often than Mr. Cuomo's, medical marijuana was approved by his predecessor, Jon S. Corzine, a Democrat, but was put into effect only after Mr. Christie set rules limiting its strength, banning home delivery, and http://www.nytimes.com/2014101105/nyregion/new-york-state-is-set-to-loosen-marijuana-laws.ht... lll12l20l4953 New York State Is Set to Loosen Marijuana Laws - NYTimes.com Page2 of 4 requiring patients to show they have exhausted conventional treatments. The first of six planned dispensaries has already opened. Meanwhile, NewYork City's new mayor, Bill de Blasio, had quickly seemed to overshadow Mr. Cuomo as the state's leading progressive politician. For Mr. Cuomo, who has often found common ground with Republicans on fiscal issues, the sudden shift on marijuana - which he is expected to announce on Wednesday in his annual State of the State address - was the latest of several instances in which he has embarked on a major social policy effort sure to bolster his popularity with a large portion of his political base. In zott, he successfully championed the legalization of same-sex marriage in NewYork. And a year ago, in the aftermath of the mass school shooting in Newtown, Conn., Mr. Cuomo pushed through legislation giving NewYork some of the nation's toughest gun-control laws, including a strict ban on assault weapons. He also has pushed, unsuccessfully so far, to strengthen abortion rights in state law. The governor's action also comes as advocates for changing drug laws have stepped up criticism of New York City's stringent enforcement of marijuana laws, which resulted in nearly 45o,ooo misdemeanor charges from 2oo2to 2ot2, according to the Drug Policy Alliance, which advocates more liberal drug laws. During that period, medical marijuana became increasingly widespread outside NewYork, with some zo states and the District of Columbia now allowing its use. Mr. Cuomo voiced support for changing drug laws as recently as the 2013 legislative session, when he backed an initiative to decriminalize so-called open view possession of 15 grams or less. And though he said he remained opposed to medical marijuana, he indicated as late as April that he was keeping an open mind. His shift, according to a person briefed on the governor's views but not authorized to speak on the record, was rooted in his belief that the program he has drawn up can help those in need, while limiting the potential for abuse. Mr. Cuomo is also up for election this year, and polls have shown overwhelming support for medical marijuana in New York: Bz percent of New York voters approved of the idea in a surveyby Siena College last May. Still, Mr. Cuomo's plan is sure to turn heads in Albany, the state's capital. Medical marijuana bills have passed the State Assembly four times - most http://www.nytimes.coml20l410ll05lnyregiorVnew-york-state-is-set-to-loosen-marijuana-laws.ht... lllt}l21l4954 New York State Is Set to Loosen Marijuana Laws - NYTimes.com Page 3 of4 recently in zor3 - only to stall in the Senate, where a group of breakaway Democrats shares leadership with Republicans, who have traditionally been lukewarm on the issue. Mr. Cuomo has decided to bypass the Legislature altogether. In taking the matter into his own hands, the governor is relying on a provision in the public health law known as the Antonio G. Olivieri Controlled Substance Therapeutic Research Program. It allows for the use of controlled substances for "cancer patients, glaucoma patients, and patients afflicted with other diseases as such diseases are approved by the commissioner." Mr. Olivieri was a NewYork City councilman and state assemblyman who died in 19Bo at age 39. Suffering from a brain tumor, he used marijuana to overcome some of the discomfort of chemotherapy, and until his death lobbied for state legislation to legalize its medical use. The provision, while unfamiliar to most people, had been hiding in plain sight since r98o. But with Mr. Cuomo still publicly opposed to medical marijuana, state lawmakers had been pressing ahead with new legislation that would go beyond the Olivieri statute. Richard N. Gottfried, a Manhattan Democrat who leads the assembly's health committee, has held two public hearings on medical marijuana in recent weeks, hoping to build support for a bill under which health care professionals licensed to prescribe controlled substances could certift patient need. Mr. Gottfried said the state's historical recalcitrance on marijuana was surprising. "NewYork is progressive on a great many issues, but not everything," he said. Mr. Gottfried said he wanted a tightly regulated and licensed market, with eligible patients limited to those with "severe, life-threatening or debilitating conditions," not the broader range of ailments - backaches and anxiety, for instance - that pass muster in places like California, which legalized medical marijuana in 1996. "What we are looking at bears no resemblance to the California system," Mr. Gottfried said. http://www.nytimes.com/2014101105/nyregiorVnew-york-state-is-set-to-loosen-marijuana-laws.ht... llll2l20l4955 New York State Is Set to Loosen Mariiuana Laws - NYTimes.com Page 4 of 4 While he was aware of the Olivieri statute, he believed it had not been implemented because it would have required "an elaborate administrative approval process," which he said could be overly burdensome on patients. Ethan Nadelmann, the executive director of the Drug Policy Alliance, praised Mr. Cuomo's decision as "a bold and innovative way of breaking the logjam" in Albany, though it may not be the final word on medical marijuana. Mr. Cuomo "remains committed to developing the best medical marijuana law in the countrT," Mr. Nadelmann said. 'And that's going to require legislative action." The administration has much work to do before its program is operational: For starters, it must select the participating hospitals, which officials said would be chosen to assure "regional diversity" and according to how extensively they treat patients with or research pertinent illnesses like cancer or glaucoma. Another hurdle: State and federal laws prohibit growing marijuana, even for medical uses, though the Obama administration has tolerated it. So NewYork will have to find an alternative supply of cannabis. The likely sources could include the federal government or law enforcement agencies, officials said. Correction : J ornuqry 4, 2 o 74 An earlier version of a map with this qrttcle reuersed the locations of North and South Dakota. Thomas Kaplan contributed reporling. A version of this article appears in print on January 5,2014, on page A1 of the New York edition with the headline: New York State ls Set to Loosen Marrluana Laws. @ 201,4 The New York Times Company http://www.nytimes.coml20l4l0ll05/nyregion/new-york-state-is-set-to-loosen-marijuana-laws.ht... ltll2l20l4956 NYC borough won't prosecute low-level pot offenses AP Florida Criminal Defense itate & Federal/Former Prosecutor Free Consultation, Availabl e 2417. OO NYG borough LATEST NEWS won't prosecute low- level pot r,ll Page 1 of7 (larliclel2d59deSt america-plan- stem-child- migration) (l article I 2d59de888 1 3e46208 b42692 9e8f baf america-plan-stem-chi ld-m igration)Central America plan to stem child migration (l arlicle I 2d59de888 1 3e46208b426929e8fbaf america-plan-stem-ch i ld-mig ration) us-china- climate-deal- (/article/91d869dt congresswoman- offenses By JENNIFER PELTZ (/contenUjennifer- peltz) Ju|.8,20747:46 PM EDT (MA! LTO:?SUBJECT=AP Blc STORY: NYC BOROUGH WON'T PROSECUTE LOW-LEVEL POT OFFENSES&BODY=FROM AP, olo0Do/oO A olo0Do/o0ANYC BO RO U G H WON'T PROSECUTE LOW.LEVEL POT OFFENSES . O/OODO/OO A %OD%OAN EW YORK (AP) - MANY OF THE THOUSANDS C pEopLE ARRESTED oN ro*-.-=r.r" (/a rti cle/1 269e68d0doto'T""#?'X;:L% ra MAR'J ,ANA possEssroN c HARGES r N,H]13 Hi'#"fi j:,1 ffi? L'":;:'|]Yff ' BROOKLYN WILL LIKELY GET THE CASES wortd DROPPED BEFORE EVEN HAVING TO GO (/article/1269e68d0d 4c48Oea62a8cbceb61 8' TO COURT, DISTRICT ATTORNEY KENNETFITs-china-climate-deal-means-world) THOMPSON ANNOUNCED TUESDAY IN A NOVEL MOVE TO ADDRESS THE HEAVY TOLL OF POT ARRESTS !N THE NATION'S LARGEST CITY. O/OODO/OOA %OD% http://bigstory.ap.org/article/nyc-borough-wont-prosecute-low-level-pot-offenses tr/12/20t4957 NYC borough won't prosecute low-level pot offenses OAHTTP ://B I GSTO RY.AP. O RG/ARTI C L E/NYC - BOROUG H.WONT-PROSECUTE.LOW. LEVEL-POT-OFFENSES) 2 NEW YORK (AP) - Many of the thousands of people arrested on low- level marijuana possession charges in Brooklyn will likely get the cases dropped before even having to go to court, District Attorney Kenneth Thompson announced Tuesday in a novel move to address the heavy toll of pot arrests in the nation's largest city. Many such cases have historically gotten dismissed anyway. But Thompson's new policy marks a departure by nixing the cases upfront, sparing arrestees time in custody and court - and sending a message that a DA is pushing fonrvard a public discussion of pulling back from a spike in marijuana arrests citywide in recent decades. "Given that these cases are ultimately - and predictably - dismissed, the burdens that they pose on the system and the individual are difficult to justify," he said. "We are pouring money into an endeavor that produces no public safety benefit." Critics of the arrests have long made that argument, and some of the city's four other DAs have also expressed reservations. The Bronx and Manhattan DAs have backed legislative proposals to ease the bottom-tier pot possession Page 2 of 7 (/a rti cle/9 1 d 869d 5cf9 542a1 97 7 26a0 e544eOt cong resswoman-marge-roukema-d ies-85) Former Congresswoman Marge Roukema dies at age 85 (/a rticle/9 1 d 869d 5cf9 542a1 977 26a0e544e01 congresswoman-marge-rou kema-d ies-85) (/a rti c I e/ae 302f97 7 bb946ae9 1 ac07 2080840 e patient-s ues-after-f i rm-wo nt-h i re-her) Marijuana patient sues after firm won't hire her (/a rti cl e/ae 302f 97 7 bb94 6 a e 9 1 ac07 2080840 e pati ent-sues-afte r-fi rm-wont-h i re-her) (/article/5754d412 not-worried- about-lineup- changes-gibbs) (l article I 57 54d4 1 30afa4ad c9859debf67 7 aa2 not-worried-about-l i neu p-changes-g i bbs) Grubb not worried about lineup changes at Gibbs (l arlicle I 57 54d41 30afa4 ad c9859de bf67 7 aa2 not-worried-about-l ineu p-chan ges-g ibbs) Ad ve rtise me nt Mv blood suqar now is TrV the simple-secret. Safe & 6ffective.' 1 S-day sample Weird Food KILLS Blo< Pressure >r Americas top claim this weird inoredieni stop Heart DiseasE... ilU'ihmffi*mmeui http://bigstory.ap.org/article/nyc-borough-wont-prosecute-low-level-pot-offenses tt/12/2014958 NYC borough won't prosecute low-level pot offenses law. But some DA offices, including Staten lsland's, note that they're tasked with enforcing the laws. Brooklyn's move could mean similar arrests in the same city get handled differently depending on where they happen. Brooklyn prosecutors felt they had to take action on their own because of the high number of arrests in the borough, the city's most populous, said Eric Gonzalez, the DA's counsel. Police Commissioner William Bratton said he shared many of Thompson's concerns and recognized the DA's prerogative to decide which cases to prosecute. But "in order to be effective, our police officers must enforce the laws of the state of New York uniformly throughout all five boroughs," Bratton said in a statement. The state partly decriminalized pot possession in 1977 but drew a dividing line: Having up to 25 grams is a non- criminal violation akin to a traffic ticket if it's in a purse or pocket but a misdemeanor if it's "open to public view." Such misdemeanor arrests averaged about 2,100 a year in New York City from 1978 through 1995. Then they started soaring, peaking at 50,700 in 2011. They totaled 28,600 last year and came to 12,300 in the first five months of this year, down 5 percent from the Page 3 of 7 Ad ve rtise me nt TOP STORIES FROM HEALTHGRADES 4 ways to help some with bipolar Do you have an over bladder? Jogging may help mi knee arthritis Frequently asked questions about bac Avoid colds: Wash vouP \fl 7 things that make depression worse http://bigstory.ap.org/article/nyc-borough-wont-prosecute-low-level-pot-offenses lUt2l20t4959 NYC borough won't prosecute low-level pot offenses same period last year, according to the latest available state Division of Criminal J ustice statistics. Thompson's new approach has some exceptions: people with arrest warrants or substantial criminal records and those smoking pot near children, for instance. Advocates for less restrictive drug laws hailed the shift. "lt's good policy, and it's the right thing to do," said Gabriel Sayegh, the Drug Policy Alliance's director for New York state. The alliance and other critics say the arrests have been racially disproportionate and reflect questionable police tactics. Eighty-six percent of last year's pot arrestees were black or Hispanic. Police were reminded in September 2011 that they couldn't induce people to bring the drug out, and former Mayor Michael Bloomberg announced in 2013 that most low-level pot arrestees would get court appearance tickets instead of being booked and waiting for arraignment. Associated Press writer Jake Pearson contributed to this report. Reach Jennifer Peltz on Twitter Page 4 of 7 (http ://urww. bi gstory.a p.org/local- m i dte rm -el ecti o ns-cove ra ge) TOPICS D ru g -re lated c ri m e (/tags/d ru g -related -cri r Michael Bloomberg (/tags/michael-blooml E ric Gonzalez (/tags/eric-gonzalez), Wi ll iam Bratton (/tags/wil I iam -bratton) ,{/orrE{m*P,$t OTE itl!}&-Y! E&F,ft'YgfE Advertisement http://bigstory.ap.org/article/nyc-borough-wont-prosecute-low-level-pot-offenses lllt2/20T4960 THIS PAGE INTENTIONALLY LEFT BLANK 961