Tale of Two New Yorks Endures Under Mayor de Blasio
NYPD Made More Marijuana Possession Arrests under de Blasio/Bratton from 2014 to 2016 than Giuliani/Bratton from 1994 to 1996
Extreme Racial Disparities Persist as Black and Latino New Yorkers comprise 85% of Marijuana Possession Arrests, Despite Young Whites Using at Higher Rates
A new report released on Tuesday by the Marijuana Arrest Research Project, commissioned by the Drug Policy Alliance, shows that marijuana possession arrests under Mayor Bill de Blasio continue to be marked by extremely high racial disparities, as was the case under the Bloomberg and Giuliani administrations.
The report, Unjust and Unconstitutional: 60,000 Jim Crow Marijuana Arrests in Mayor de Blasio’s New York, shows that despite a change in mayoral administrations and police commissioners, the NYPD continues to make large numbers of unjust and racially-targeted marijuana arrests. The report is based on data from the New York State Division of Criminal Justice Services.Most people arrested are young Blacks and Latinos – even though studies consistently show young whites use marijuana at higher rates.
Despite Mayor de Blasio’s campaign promise to end racially-biased policing, in 2016 marijuana possession was New York City’s fourth most commonly charged criminal offense. Black and Latino New Yorkers continue to comprise 85 percent of the more than 60,000 people arrested for low-level marijuana possession on Mayor de Blasio’s watch.
“President Obama, Governor Cuomo, former Mayor Ed Koch and candidate Bill de Blasio all strongly criticized the NYPD’s racist marijuana possession arrests,” said report author and Queens College professor Harry Levine. “Yet the most progressive mayor in the modern history of New York is unable to stop them? Really?”
- In the first three years of the de Blasio administration, the NYPD made over 60,000 criminal arrests for the lowest-level marijuana possession offense, an average of 20,000 marijuana arrests a year.
- The NYPD’s marijuana arrests under de Blasio suffer from the same overwhelming racial disparities as under Bloomberg – about 86 percent of the arrests for marijuana possession are of Blacks and Latinos.
- As in previous years, in 2016 and in the first four months of 2017, 81 percent of the people arrested for marijuana were age 16 to 34, 58 percent were 16 to 25 and 27 percent were age 16 to 20.
- Residents of New York City’s public housing developments constitute the single largest group of people arrested. In 2016, NYPD housing police made 21 percent of the city’s total of 18,121 arrests for marijuana possession and 92 percent of those arrested were Blacks and Latinos.
- Of New York City’s 76 neighborhood police precincts, 37 neighborhoods have a majority of Black and Latino residents. They have about half the city’s population but provide 66 percent of the marijuana possession arrests and 92 percent of the people arrested are Blacks and Latinos.
- Police in New York also target neighborhoods in midtown and lower Manhattan with active nightlife. Although pedestrians in those areas are predominately white, police arrest Blacks and Latinos at very high rates.
- In 2016, in Greenwich Village, 69 percent of the people arrested for marijuana possession were Blacks and Latinos. In Chelsea, 77 percent were Blacks and Latinos. In Soho-Tribeca-Wall St. 73 percent were Blacks and Latinos. In tourist-heavy Little Italy and Chinatown, 66 percent of the people arrested for marijuana possession were Blacks and Latinos.
- Police enforcement in 2016 targeted people of color, especially Blacks, everywhere in New York City. In Manhattan, Blacks are 13 percent of the residents but 45 percent of the people arrested for marijuana possession. In Queens, Blacks are 18% of the residents but 49 percent of the people arrested for marijuana. And in Staten Island, Blacks are 10 percent of the residents but 49 percent of the people arrested for marijuana possession.
- The rates of NYPD arrests for marijuana possession per 100,000 of the population are extremely skewed. In Queens, police arrest Blacks at seven times the rate of whites. In Manhattan they arrest Blacks at 10 times the rate of whites. And in Staten Island the NYPD arrests Blacks at 15 times the rate of whites.
New York Neighborhoods Vary Widely
The report demonstrates how police precincts throughout the city have different enforcement policies and practices when it comes to lowest level marijuana arrests by comparing the rates in different neighborhoods. For example, the Upper East Side, covered by Precinct 19, is the second most populous precinct in the city, with more than 200,000 residents. It has one of the highest family incomes, and is 80 percent white.
In 2016 only 14 out of the 18,121 marijuana arrests were made in this precinct—four Blacks, three Latinos and seven whites—resulting in an arrest rate of 6 per 100,000 residents. Just 20 blocks north of the Upper East Side is East Harlem (El Barrio) covered by Precinct 25. Eighty-eight percent of this neighborhood’s residents are Black or Latino. In 2016, the officers in this precinct made 492 of the lowest level marijuana possession arrests, yielding an arrest rate of 1,038 per hundred thousand, the second highest in the city. The report also compares the predominantly white Upper West Side with its 51 arrests in 2016 (41 of them Blacks and Latinos) with the predominantly Black and Latino West Harlem with its 677 arrests.
According to the report, the only way to end these racially discriminatory arrests is by stopping them entirely. “We strongly recommend that police and district attorneys in the five boroughs of New York City immediately cease arresting, charging and prosecuting anyone for violation of New York State Criminal Law section 221.10, part 1,” the report concludes.
New York Legalization Bill Introduced
Efforts to end the marijuana arrest crusade in New York continue to build. In Albany, where reform proposals have been debated for years, Senator Liz Krueger and Assemblymember Crystal Peoples-Stokes introduced the Marijuana Regulation and Taxation Act (MRTA), a bill that would establish a legal market for marijuana in New York.
The bill would effectively end marijuana prohibition in New York State – and address the persistent, unwarranted racial disparities associated with the practice – and create a system to tax and regulate marijuana in a manner similar to alcohol for adults over the age of 21.
MRTA is supported by the Start SMART NY campaign – Sensible Marijuana Access through Regulated Trade – which is comprised of organizations and advocates dedicated to criminal justice reform, civil rights, public health, and community-based organizing.
‘It’s Time For a New Approach’
“Prohibition has played a significant role in devastating low-income communities of color through racially biased enforcement and has often come with steep collateral consequences,” said Alyssa Aguilera, co-executive director of VOCAL-NY. “We believe it’s time for a new approach and that approach shouldn’t involve criminalizing New York’s most vulnerable populations.”
“It is time that New York joins the cadre of progressive states that are acting smart on marijuana regulation,” said Juan Cartagena, president and general counsel of LatinoJustice PRLDEF. ”New York City was for many years the marijuana arrest capital of the world and the devastation that wreaked on people of color and marginalized communities cannot be overstated.
“We need to pivot and address the pressing needs of regulation while simultaneously eliminating the criminal consequences of marijuana possession and restoring the previous harms that prohibitionist modalities created,” Cartagena said. “In short, we need New York State to help lead a marijuana revolution, because it’s just, it’s rational, and it’s time.”
Hyper-Policing of Communities of Color
“New York’s marijuana arrest crusade has resulted in significant harms for those who are most vulnerable and has been used as a justification for the hyper-policing of communities of color,” said Kassandra Frederique, New York state director for the Drug Policy Alliance (DPA).
“As New York finally sheds its embarrassing distinction of being the marijuana arrest capital of the world, we must repair the harms of prohibition and end the biased policing practices that have ruined the lives of so many young Black and Latino New Yorkers,” Frederique said. “There is no excuse for the New York City marijuana arrests to continue at this level in 2017.
“Over the last 20 years, more than 700,000 lives were irrevocably damaged by New York City’s draconian marijuana arrest policies.”
“Mayor de Blasio pledged to end biased policing practices—if the end looks like more than 61,000 arrests on his watch and the same level of severe racial disparities, then the Mayor has failed to carry out his campaign promises to Black New Yorkers,” Frederique said.