Westchester DA Won't Prosecute Minor Marijuana Offenses

WHITE PLAINS, NY — People arrested in Westchester for the possession of small amounts of marijuana will no longer be subject to criminal conviction, Westchester County District Attorney Anthony Scarpino announced Friday. He said the aim is to end long-lasting negative consequences disproportionate to the nature of the offense, particularly for young people and the minority community.

Reaction to the move was swift.

And the New York Civil Liberties Union said Scarpino should do more.

“The District Attorney’s plan is a step in the right direction, but it does not go far enough to address racial disparities in marijuana enforcement in Westchester," said Lower Hudson Valley Chapter Director Shannon Wong. "The changes are less meaningful absent a commitment to support legalization that would end prosecutions entirely and an effort to clear the records of people already swept by marijuana enforcement in Westchester.”

The new policy, based on the possession of less than 25 grams (less than two ounces), and as long as the person is only charged with those offenses, will negate the collateral damage such a conviction might impose, he said.

The change affects public consumption as well. The DA’s Office will prosecute the misdemeanor offense as a violation when a person possesses, in a public place, burning or publicly viewable marijuana (provided the person is only charged with that offense).

“After a careful review of marijuana cases in Westchester, as well as discussions with police, community leaders and advocates, we have made the decision to change how we prosecute such offenses," Scarpino said in the announcement. "This decision not to prosecute specific cases will allow many people to move forward with their lives without the stigma attached to criminal records of any kind, records that cause discrimination in housing, job and school applications. Much of this has burdened our minority communities and we believe it is time to rectify that.”

He said he had urged Governor Cuomo and state legislators to create a uniform approach to prosecuting marijuana offenses and end the disparity currently in place from county to county.

This action by the DA’s Office follows bail reform, which was announced last year at this time. The DA’s Office no longer requests bail for defendants whose cases would not end in a sentence of incarceration, eliminating cash bail for most misdemeanors. The office found bail on non-violent low-level offenses where the defendant was not a flight risk weighed heavily on poorer defendants.

“These reforms in the bail process and marijuana prosecution are illustrations of our commitment to a fairer system of justice that works for every member of our community, no matter where they live, the color of their skin or the amount in their wallets,” he said.

The DA’s Office reserves the right to continue to prosecute all other marijuana-related offenses.

Image via Westchester DA's Office

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