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NYPD Marijuana Arrests Scandal Blows Up Again

March 2012 protest of NYC stop and frisk violations
A front page story on The Huffington Post reported on another New York marijuana arrests report by our friend Prof. Harry Levine, this one with Loren Siegel (formerly of ACLU) and DPA's Gabriel Sayegh. It's the best one yet, or at a minimum the title is the best one yet:

"NYPD Spent 1 Million Hours Making 440,000 Marijuana Possession Arrests Over Last Decade"
 

Many of those hours involved overtime pay too. It really sums up the stupidity of it all, in a pretty special way. (The injustices were addressed last week.)

Also, there's a lawsuit, and a judge told NYPD to stop "stop and frisk" arrests in the meanwhile. (But have they?) And Gov. Cuomo continues to push for full decrim to plug the "open view" loophole officers have abused to make all these arrests.

Phil is working on a story for the Chronicle, but there are some links in the meanwhile.

Location: 
New York City, NY
United States

Look Out, New York, It's Credico For Mayor! [FEATURE]

New York City has earned itself the sobriquet of Marijuana Arrest Capital of the World, with tens of thousands of minor pot possession arrests every year -- mostly of young men of color -- generated in good part by the city's equally infamous stop-and-frisk policing, again aimed primarily at the city's young and non-white residents. There's a man running an outsider campaign for the mayor's office there this year who wants to end all that.

Randy Credico during 2010 Senate campaign
Veteran Big Apple civil rights, social justice, Occupy Wall Street (OWS), and drug reform activist Randy Credico, who also doubles as a professional comedian, is mounting an insurgent campaign for the Democratic Party mayoral nomination, and he wants to end the city's drug war and a whole lot more, and he wants to do it now.

The inventively funny, yet deadly serious, agitprop artist has an ambitious 17-point program for his first day in office, with promises that range from going after "the biggest criminals in our city" -- the Wall Street bankers -- and reforming the city's tax code to favor the poor to rolling back privatization of city schools and reforming various city agencies.

But just beneath banksters and taxes is a vow to begin reining in the NYPD by firing Police Commissioner Ray Kelly (to be replaced with Frank Serpico) and "abolishing the NYPD’s unconstitutional policies of racial profiling, stop and frisk, domestic spying, entrapment, and its infamous (albeit unadmitted) 'quota system.'"

Central to that policing reform plank, Credico says, is reclassifying the smoking and carrying of marijuana as no longer an arrestable offense. He also vows to fire any officer who lies or perjures himself on the stand, and to bar the use of "no-knock" warrants and stun grenades "except in the case of legitimate terrorist attack."

And he wants to replace the city's Special Narcotics Office with a Harm Reduction Office, whose leadership he has offered to Drug Policy Alliance head Ethan Nadelmann. He also vows to shut down the Rikers Island prison and turn it into a treatment center and education facility with a state of the art library, and to nominate law professor Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Color-blindness, to run it.

That's quite a tall order for a first day in office, but Credico says he's up for it.

"I plan to stay up for 24 hours and get all that stuff done," he told the Chronicle.

Of course, first he has to win the Democratic Party nomination and then win the general election, and that's a pretty tall order, too. There is a bevy of candidates (polling data at the link as well) running for a shot at the prestigious post, and he is facing stiff establishment opposition in the primary, most notably from Public Advocate Bill de Blasio and the as yet officially undeclared city council Speaker Christine Quinn, who leads the other Democrats in early polls, but is in a close race with "undecided."

The Republican race includes a handful of announced or potential candidates led by former Metropolitan Transit Authority head Joseph Lhota (who still trails "undecided" by a large margin) and NYPD Commissioner Ray Kelly, who is as yet unannounced. The Libertarians may also field a candidate this year, possibly former "Manhattan madam" and gubernatorial candidate Kristin Davis, and we can't forget the Rent Is Too Damn High Party, either.

"The GOP has a rich guy who just jumped in, and the Democrats have a six-pack of hacks, all getting money from the real estate interests and Wall Street and none of whom will talk about the issues," Credico explained. "The Democrats are all doing the Schumer act -- just talking about the middle class, not the poor, the homeless, the division between the rich and poor, not about drug policy. This city is virtually a police state right now."

Credico has a remedy for that: Elect him.

"I will get rid of Police Commissioner Ray Kelly, who is a combination of J. Edgar Hoover and Joseph Fouche, Napoleon's dreaded head of the secret police. Everyone is afraid of him. He's got the Red Squads going; they were infiltrating groups at Occupy Wall Street. Kelly is doing all these joint operations with the feds under the guise of fighting terrorism, and this city is crawling with undercover cops -- FBI, DEA, AFT, all running joint task forces with the NYPD. They've foiled 14 plots, all hatched by the NYPD. Ray Kelly has way too much power," the veteran activist said flatly.

"There is a lot of money not only in the prison industrial complex, but also the police industrial complex," Credico noted. "They have asset forfeiture and lots of new schemes, tons of undercover agents, who are really there to beat up on the black community. They infiltrate, demonize, and destroy lives, and this has to stop."

Credico has been active in the Occupy Wall Street moving, having been arrested five times by the NYPD, but before that, he was active in the city's minority communities for years, working to reform the Rockefeller drug laws with the William Moses Kunstler Fund for Racial Justice (in between stints flying out to Tulia, Texas, to deal with the bogus mass arrests of black men on drug charges there), and fighting stop-and-frisk. He currently is taking time out of his days to attend hearings in the criminal trial of the NYPD officer who shot and killed unarmed 18-year-old Ramarley Graham in his own bathroom as he was flushing a bag of weed down the toilet.

"I go to every one of the court dates and sit right next to his mother," he said. "This cop invaded Ramarley's house and shot him in the head for weed, but it's not an isolated incident. No cops go to jail for killing a black person, but a spit on a cop and you can go to jail for years. This is just one cop -- and he's like the Lt. Calley of the NYPD. [Editor's Note: Calley was the sole US Army officer convicted of a crime in the Vietnam War My Lai massacre.] It's not an isolated incident; it's the policy, the same policy that killed Ramarley Graham and Sean Bell and Amador Diallou. So many people have been killed by the NYPD, and it's not just the guys on the street; it's a brutal force."

Marijuana could also be a wedge issue for him, Credico said.

"I'm a committed pot smoker, and I think it should be legal, and I'm the only candidate saying it should be legal. Of course, it's up to the state legislature to do that, but I would direct the NYPD not to enforce those laws and particularly not to arrest anyone."

Under current state law, pot possession is decriminalized, but beginning with Mayor Rudy Giuliani, the NYPD had a policy of turning what should have been tickets for possession into misdemeanors by either reaching in someone's pocket and removing the baggie or intimidating the person into revealing it himself, thus elevating the offense from an infraction to the misdemeanor of "public possession." Under increasing pressure over the tactic, Commissioner Kelly last year issued an order for it to stop, and arrests have declined somewhat, but still remain at unacceptably high levels.

In 2011, there were some 50,000 marijuana possession arrests in the city, nearly 80% of them of people of color. Nearly one-quarter (12,000) were youth aged 16 to 19, and of those, 94% had no prior criminal records.

And it's not just marijuana, Credico said.

"There should be no more prosecutions for drug possession," he said. "They should be going after the real criminals, the guys on Wall Street. They don't have to go up to Harlem and Washington Heights, the real big barracudas are right down here."

The city's criminal justice system is rotten to the core, he said.

"This is like Tulia, this is like the South," he moaned. "The criminal justice system here is a black box where blacks and Latinos go in and disappear into the penal system. The cops are white, the judges are white, the prosecutors are white -- only the Bronx has a rainbow coalition of prosecutors -- the rest are white, and they're going after black people in this city."

Many of those busted ended up in Rikers Island or the Tombs, often after first spending hours or days crammed into precinct holding cells.

"Rikers Island is like Alcatraz for poor people on minor drug offenses," said Credico. "It's all Mickey Mouse; there's no Hannibal Lectors there. They need to turn it into a university for poor people. And no one is talking about the Tombs. I've been there. There are lots of junkies in there going through withdrawals, filthy toilets, people penned in like cattle. No one will talk about that, or about the hundreds of precincts with their holding cells."

Unsurprisingly, Credico doesn't think much of his establishment opposition.

"Christine Quinn is Bloomberg in drag wearing a red wig," he declared, "and de Blasio supported stop-and-frisk. He was also Hillary's hit man when she was running for the Senate, and derailed Grandpa Munster Al Lewis's campaign then."

Lhota, who has recently made noises about legalizing marijuana, "looks like a weed head," Credico snorted. "But I actually smoke it."

Now, Credico has to go through the process of qualifying as a Democratic candidate, smiting his foes within the party, and then taking on the Republican challenger in the general election. His first official campaign task will be to complete a month-long signature-gathering drive in late spring to qualify for the primary.

"I'll be on talk shows -- people all over the place are asking for interviews -- making some ads and some YouTube videos, and they'll be interesting and funny. It will be a very entertaining campaign. We have buttons coming out soon, we have the web site, there are people who will be putting ads in the Nation," he explained.

"Drug reformers are interested in my campaign, and I've got tons of volunteers from the stop-and-frisk campaigns and people from OWS," he said. "I'm getting a lot of attention right now."

Credico, of course, is a long-shot, but even if he doesn't become the next mayor of New York, to the degree that his campaign shines a light on the problems in the city's criminal justice system and forces other candidates to address them, he will be judged a success.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

New York City, NY
United States

The Top Ten Drug Policy Stories of 2012 [FEATURE]

In some ways, 2012 has been a year of dramatic, exciting change in drug policy, as the edifice of global drug prohibition appears to crumble before our eyes. In other ways it is still business as usual in the drug war. Marijuana prohibition is now mortally wounded, but there were still three-quarters of a million pot arrests last year. The American incarceration mania appears to be running its course, but drug arrests continue to outnumber any other category of criminal offense. There is a rising international clamor for a new drug paradigm, but up until now, it's just talk.

The drug prohibition paradigm is trembling, but it hasn't collapsed yet -- we are on the cusp of even more interesting times. Below, we look at the biggest drug policy stories of 2012 and peer a bit into the future:

1. Colorado and Washington Legalize Marijuana!

Voters in Colorado and Washington punched an enormous and historic hole in the wall of marijuana prohibition in November. While Alaska has for some years allowed limited legal possession in the privacy of one's home, thanks to the privacy provisions of the state constitution, the November elections marked the first time voters in any state have chosen to legalize marijuana. This is an event that has made headlines around the world, and for good reason -- it marks the repudiation of pot prohibition in the very belly of the beast.

And it isn't going away. The federal government may or may not be able to snarl efforts by the two states to tax and regulate legal marijuana commerce, but few observers think it can force them to recriminalize marijuana possession. It's now legal to possess up to an ounce in both states and to grow up to six plants in Colorado and -- barring a sudden reversal of political will in Washington or another constitutional amendment in Colorado -- it's going to stay that way. The votes in Colorado and Washington mark the beginning of the end for marijuana prohibition.

2. Nationally, Support for Marijuana Legalization Hits the Tipping Point

If Colorado and Washington are the harbingers of change, the country taken as a whole is not far behind, at least when it comes to public opinion. All year, public opinion polls have showed support for marijuana legalization hovering right around 50%, in line with last fall's Gallup poll that showed steadily climbing support for legalization and support at 50% for the first time. A Gallup poll this month showed a 2% drop in support, down to 48%, but that's within the margin of error for the poll, and it's now a downside outlier.

Four other polls released this month
demonstrate a post-election bump for legalization sentiment. Support for legalization came in at 47%, 51%, 54%, and 57%, including solid majority support in the West and Northeast. The polls also consistently find opposition to legalization strongest among older voters, while younger voters are more inclined to free the weed.

As Quinnipiac pollster Peter Brown put it after his survey came up with 51% support for legalization, "This is the first time Quinnipiac University asked this question in its national poll so there is no comparison from earlier years. It seems likely, however, that given the better than 2-1 majority among younger voters, legalization is just a matter of time."

Caravan for Peace vigil, Brownsville, Texas, August 2012
3. Global Rejection of the Drug War

International calls for alternatives to drug prohibition continued to grow ever louder this year. Building on the work of the Latin American Commission on Drugs and Democracy and the Global Commission on Drug Policy, the voices for reform took to the stage at global venues such as the Summit of the Americas in Cartagena, Colombia, in April, the International AIDS Conference in Washington in July, and at the United Nations General Assembly in September.

While calls for a new paradigm came from across the globe, including commissions in Australia and the United Kingdom, this was the year of the Latin American dissidents. With first-hand experience with the high costs of enforcing drug prohibition, regional leaders including Colombian President Santos, Guatemalan President Perez Molina, Costa Rican President Chinchilla, and even then-Mexican President Calderon all called this spring for serious discussion of alternatives to the drug war, if not outright legalization. No longer was the critique limited to former presidents.

That forced US President Obama to address the topic at the Summit of the Americas and at least acknowledge that "it is entirely legitimate to have a conversation about whether the laws in place are doing more harm than good in certain places" before dismissing legalization as a policy option. But the clamor hasn't gone away -- instead, it has only grown louder -- both at the UN in the fall and especially since two US states legalized marijuana in November.

While not involved in the regional calls for an alternative paradigm, Uruguayan President Mujica made waves with his announcement of plans to legalize the marijuana commerce there (possession was never criminalized). That effort appears at this writing to have hit a bump in the road, but the proposal and the reaction to it only added to the clamor for change.

4. Mexico's Drug War: The Poster Child for Drug Legalization

Mexico's orgy of prohibition-related violence continues unabated with its monstrous death toll somewhere north of 50,000 and perhaps as high as 100,000 during the Calderon sexenio, which ended this month. Despite all the killings, despite Calderon's strategy of targeting cartel capos, despite the massive deployment of the military, and despite the hundreds of millions of dollars in US aid for the military campaign, the flow of drugs north and guns and money south continues largely unimpeded and Mexico -- and now parts of Central America, as well -- remain in the grip of armed criminals who vie for power with the state itself.

With casualty figures now in the range of the Iraq or Afghanistan wars and public safety and security in tatters, Calderon's misbegotten drug war has become a lightning rod for critics of drug prohibition, both at home and around the world. In the international discussion of alternatives to the status quo -- and why we need them -- Mexico is exhibit #1.

And there's no sign things are going to get better any time soon. While Calderon's drug war may well have cost him and his party the presidency (and stunningly returned it to the old ruling party, the PRI, only two elections after it was driven out of office in disgrace), neither incoming Mexican President Enrique Pena Nieto nor the Obama administration are showing many signs they are willing to take the bold, decisive actions -- like ending drug prohibition -- that many serious observers on all sides of the spectrum say will be necessary to tame the cartels.

The Mexican drug wars have also sparked a vibrant and dynamic civil society movement, the Caravan for Peace and Justice, led by poet and grieving father Javier Sicilia. After crisscrossing Mexico last year, Sicilia and his fellow Mexican activists crossed the border this summer for a three-week trek across the US, where their presence drew even more attention to the terrible goings on south of the border.

5. Medical Marijuana Continues to Spread, Though the Feds Fight Back

Eighteen states and the District of Columbia have now legalized the use of marijuana for medical purposes, and while there was only one new one this year, this has been a year of back-filling. Medical marijuana dispensaries have either opened or are about to open in a number of states where it has been legal for years but delayed by slow or obstinate elected officials (Arizona, New Jersey, Washington, DC) or in states that more recently legalized it (Massachusetts).

None of the newer medical marijuana states are as wide open as California, Colorado, or Montana (until virtual repeal last year), as with each new state, the restrictions seem to grow tighter and the regulation and oversight more onerous and constricting. Perhaps that will protect them from the tender mercies of the Justice Department, which, after two years of benign neglect, changed course last year, undertaking concerted attacks on dispensaries and growers in all three states. That offensive was ongoing throughout 2012, marked by federal prosecutions and medical marijuana providers heading to federal prison in Montana. While federal prosecutions have been less resorted to in California and Colorado, federal raids and asset forfeiture threat campaigns have continued, resulting in the shuttering of dozens of dispensaries in Colorado and hundreds in California. There is no sign of a change of heart at the Justice Department, either.

6. The Number of Drug War Prisoners is Decreasing

The Bureau of Justice Statistics announced recently that the number of people in America's state and federal prisons had declined for the second year in a row at year's end 2011. The number and percentage of drug war prisoners is declining, too. A decade ago, the US had nearly half a million people behind bars on drug charges; now that number has declined to a still horrific 330,000 (not including people doing local jail time). And while a decade ago, the percentage of people imprisoned for drug charges was somewhere between 20% and 25% of all prisoners, that percentage has now dropped to 17%.

That decline is mostly attributable to sentencing reforms in the states, which, unlike the federal government, actually have to balance their budgets. Especially as economic hard times kicked in in 2008, spending scarce taxpayer resources on imprisoning nonviolent drug offenders became fiscally and politically less tenable. The passage of the Proposition 36 "three strikes" sentencing reform in California in November, which will keep people from being sentenced to up to life in prison for trivial third offenses, including drug possession, is but the latest example of the trend away from mass incarceration for drug offenses.

The federal government is the exception. While state prison populations declined last year (again), the federal prison population actually increased by 3.1%. With nearly 95,000 drug offenders doing federal time, the feds alone account for almost one-third of all drug war prisoners.

President Obama could exercise his pardon power by granting clemency to drug war prisoners, but it is so far a power he has been loathe to exercise. An excellent first candidate for presidential clemency would be Clarence Aaron, the now middle-aged black man who has spent the past two decades behind bars for his peripheral role in a cocaine deal, but activists in California and elsewhere are also calling for Obama to free some of the medical marijuana providers now languishing in federal prisons. The next few days would be the time for him to act, if he is going to act this year.

7. But the Drug War Juggernaut Keeps On Rolling, Even if Slightly Out of Breath

NYC "stop and frisk" protest of mass marijuana arrests
According to annual arrest data released this summer by the FBI, more than 1.53 million people were arrested on drug charges last year, nearly nine out of ten of them for simple possession, and nearly half of them on marijuana charges. The good news is that is a decline in drug arrests from 2010. That year, 1.64 million people were arrested on drug charges, meaning the number of overall drug arrests declined by about 110,000 last year. The number of marijuana arrests is also down, from about 850,000 in 2010 to about 750,000 last year.

But that still comes out to a drug arrest every 21 seconds and a marijuana arrest every 42 seconds, and no other single crime category generated as many arrests as drug law violations. The closest challengers were larceny (1.24 million arrests), non-aggravated assaults (1.21 million), and DWIs (1.21 million). All violent crime arrests combined totaled 535,000, or slightly more than one-third the number of drug arrests.

The war on drugs remains big business for law enforcement and prosecutors.

8. And So Does the Call to Drug Test Public Benefits Recipients

Oblivious to constitutional considerations or cost-benefit analyses, legislators (almost always Republican) in as many as 30 states introduced bills that would have mandated drug testing for welfare recipients, people receiving unemployment benefits, or, in a few cases, anyone receiving any public benefit, including Medicaid recipients. Most would have called for suspicionless drug testing, which runs into problems with that pesky Fourth Amendment requirement for a search warrant or probable cause to undertake a search, while some attempted to get around that obstacle by only requiring drug testing upon suspicion. But that suspicion could be as little as a prior drug record or admitting to drug use during intake screening.

Still, when all the dust had settled, only three states -- Georgia, Oklahoma, and Tennessee -- actually passed drug testing bills, and only Georgia's called for mandatory suspicionless drug testing of welfare recipients. Bill sponsors may have been oblivious, but other legislators and stakeholders were not. And the Georgia bill is on hold, while the state waits to see whether the federal courts will strike down the Florida welfare drug testing bill on which it is modeled. That law is currently blocked by a federal judge's temporary injunction.

It wasn't just Republicans. In West Virginia, Democratic Gov. Roy Tomblin used an executive order to impose drug testing on applicants to the state's worker training program. (This week came reports that only five of more than 500 worker tests came back positive.) And the Democratic leadership in the Congress bowed before Republican pressures and okayed giving states the right to impose drug testing requirements on some unemployment recipients in return for getting an extension of unemployment benefits.

This issue isn't going away. Legislators in several states, including Indiana, Ohio, Texas, and West Virginia have already signaled they will introduce similar bills next year, and that number is likely to increase as solons around the country return to work.

9. The US Bans New Synthetic Drugs

In July, President Obama signed a bill banning the synthetic drugs known popularly as "bath salts" and "fake weed." The bill targeted 31 specific synthetic stimulant, cannabinoid, and hallucinogenic compounds. Marketed under brand names like K2 and Spice for synthetic cannabinoids and under names like Ivory Wave, among others, for synthetic stimulants, the drugs have become increasingly popular in recent years. The drugs had previously been banned under emergency action by the DEA.

The federal ban came after more than half the states moved against the new synthetics, which have been linked to a number of side effects ranging from the inconvenient (panic attacks) to the life-threatening. States and localities continue to move against the new drugs, too.

While the federal ban demonstrates that the prohibitionist reflex is still strong, what is significant is the difficulty sponsors had in getting the bill passed. Sen. Rand Paul (R-KY) put a personal hold on the bill until mandatory minimum sentencing requirements were removed and also argued that such efforts were the proper purview of the states, not Washington. And for the first time, there were a substantial number of Congress members voting "no" on a bill to create a new drug ban.

10. Harm Reduction Advances by Fits and Starts, At Home and Abroad

Harm reduction practices -- needle exchanges, safer injection sites, and the like -- continued to expand, albeit fitfully, in both the US and around the globe. Faced with a rising number of prescription pain pill overdoses in the US -- they now outnumber auto accident fatalities -- lawmakers in a number of states have embraced "911 Good Samaritan" laws granting immunity from prosecution. Since New Mexico passed the first such law in 2007, nine others have followed. Sadly, Republican Gov. Chris Christie vetoed the New Jersey bill this year.

Similarly, the use of the opioid antagonist naloxone, which can reverse overdoses and restore normal breathing in minutes, also expanded this year. A CDC report this year that estimated it had saved 10,000 lives will only help spread the word.

There has been movement internationally as well this year, including in some unlikely places. Kenya announced in June that it was handing out 50,000 syringes to injection drug users in a bid to reduce the spread of AIDS, and Colombia announced in the fall plans to open safe consumption rooms for cocaine users in Bogota. That's still a work in progress.

Meanwhile, the UN Commission on Narcotic Drugs unanimously supported a resolution calling on the World Health Organization and other international bodies to promote measures to reduce overdose deaths, including the expanded use of naloxone; Greece announced it was embracing harm reduction measures, including handing out needles and condoms, to fight AIDS; long-awaited Canadian research called for an expansion of safe injection sites to Toronto and Ottawa; and Denmark first okayed safe injection sites in June, then announced it is proposing that heroin in pill form be made available to addicts. Denmark is one of a handful of European countries that provide maintenance doses of heroin to addicts, but to this point, the drug was only available for injection. France, too, announced it was going ahead with safe injection sites, which could be open by the time you read this.  

This has been another year of slogging through the mire, with some inspiring victories and some oh-so-hard-fought battles, not all of which we won. But after a century of global drug prohibition, the tide appears to be turning, not least here in the US, prohibition's most powerful proponent. There is a long way to go, but activists and advocates can be forgiven if they feel like they've turned a corner. Now, we can put 2012 to bed and turn our eyes to the year ahead.

Washington Police and Prosecutors Winding Down Marijuana Possession Cases

Dominic Holden reports for The Stranger:

Prosecutors won't charge marijuana possession cases anymore, starting December 6th:

Ian Goodhew, deputy chief of staff for the King County Prosecuting Attorney, says his office is trying to figure out how if they will charge the marijuana possession cases are pending. "We haven't figured out how we will handle all of those cases," he says. But assuming the possession portion of the law is not federally challenged -- and no credible lawyer thinks the possession portion can be -- Goodhew says that in future cases, "we cannot charge someone under state statute."
 

...and police won't make possession arrests:

Sergeant Sean Whitcomb, a spokesman for the Seattle Police Department, says this: "For us, the law has changed, and people can expect no enforcement for possession."
 

Or to put it another way: Yesterday Really Happened.

FBI Reports More Than 1.5 Million Drug Arrests Last Year

According to annual arrest data released Monday by the FBI, more than 1.53 million people were arrested on drug charges last year, nearly nine out of ten of them for simple possession, and nearly half of them on marijuana charges.

one of 1.53 million drug arrests last year (wikimedia.org)
The data comes from the agency's Uniform Crime Reporting Program and it shows a decline in drug arrests from 2010. That year, 1.64 million people were arrested on drug charges, meaning the number of overall drug arrests declined by about 110,000 last year. The number of marijuana arrests is also down, from about 850,000 in 2010 to about 750,000 last year.

That still comes out to a drug arrest every 21 seconds and a marijuana arrest every 42 seconds, according to Law Enforcement Against Prohibition (LEAP), which took the release of the report as an opportunity to criticize 40 years of failed war on drugs policies.

"Even excluding the costs involved for later trying and then imprisoning these people, taxpayers are spending between one and a half to three billion dollars a year just on the police and court time involved in making these arrests," said Neill Franklin, a retired Baltimore narcotics cop who now heads LEAP. "That’s a lot of money to spend for a practice that four decades of unsuccessful policies have proved does nothing to reduce the consumption of drugs. Three states have measures on the ballot that would take the first step in ending this failed war by legalizing, regulating and taxing marijuana. I hope they take this opportunity to guide the nation to a more sensible approach to drug use."

No other single crime category generated as many arrests as drug law violations. The closest challengers were larceny (1.24 million arrests), non-aggravated assaults (1.21 million), and DWIs (1.21 million). All violent crime arrests combined totaled 535,000, or slightly more than one-third the number of drug arrests.

Washington, DC
United States

Drug War Snapshot: Ocean City, Maryland

Ocean City, Maryland, is a popular East Coast beach vacation destination, but it's also the scene of a major push for marijuana arrests, according to the Bethany Beach Wave. Police there have made 615 drug possession arrests there so far this year, and a whopping 85% of them are for pot possession.

Ocean City boardwalk (wikimedia.org)
Police said they didn't want such a high level of drug busts, but then said they were a high priority.

"Nobody wants to see all those drugs arrests, but it ultimately makes Ocean City a safer place to get those drugs off the street," police spokeswoman Jessica Waters said. "Drug arrests have been high on the priority list for officers, whether it be on a traffic stop or on the Boardwalk."

The arrests run in tandem with the high season for tourism, when tens of thousands of people flood into the seaside resort to escape the summer heat. Last year, according to the department's annual report, police made 160 drug possession arrests between January and May, but the number skyrocketed to 473 in the month of June 2011, declined to 284 in July and 154 in August before falling to the double or single digits for the rest of the year.

Ocean City police made a total of 3,829 arrests last year, 1,166 on drug charges. The department doesn't specify, but the majority of those were presumably for pot possession. The number of drug arrests has climbed rather remarkably in recent years, averaging under 800 for 2005 through 2008, before climbing to 839 in 2009, 933 in 2010, and more than 1,100 last year.

Ocean City has about five times the number of police per capita as other Maryland departments, at least in part because of its high number of visitors, but it also has a higher crime index than the US national average. While police have prioritized drug arrests in general and marijuana arrests in particular, they have apparently not been able to get a handle on their real crime problems.

And for marijuana consumers, well, there are other beaches on the East Coast.

Ocean City, MD
United States

Drug War Snapshot: Corpus Christi and Nueces County, Texas

Nueces County, Texas (pop. 340,000), sits on the Gulf Coast halfway between Houston and the Mexican border, astride drug trafficking corridors headed from Mexico to the central and eastern US. Its leading newspaper, the Corpus Christi Caller-Times reported Saturday that drug offenses were the single leading reason people appeared in felony court there over the past decade.

Of 32,000 felony cases analyzed by the Caller-Times, 10,300, or 32% were drug offenses. The newspaper did not provide a breakdown between possession and sales charges. Texas treats simple drug possession as a felony.

About two-thirds, or 6,790, of all the felony drug crimes were for cocaine offenses, followed by more than a thousand meth cases, and about 600 cases each of heroin and marijuana charges.

The number of felony drug charges over the past decade was greater than the 8,700 property crime felonies charged. The newspaper did not provide numbers on violent felonies charged, but insisted that drug offenses were the leading charge.

"It's not surprising that South Texas has a significant drug traffic issue with its proximity to the border," said Corpus Christi Police Capt. David Cook, who is with the department's Narcotics Vice Investigations. "We get a lot coming through here," he told the Caller-Times.

State District Judge Sandra Watts told the Caller-Times that about half of her daily docket consists of drug-related cases. She said she would rather sentence addicts to places like the Substance Abuse Felony Punishment facility instead of prison so offenders can get treatment and the state can save money. A supervised drug treatment program costs $2.46 a day, compared to $50 a day for prison, she said.

"Very often we see repeat offenders because an addict is an addict," she said."If someone is addicted to drugs we will see them again until we get a handle on the addiction," she said. "And we don't have enough prisons to put everyone in jail for possession of controlled substances."

For the past decade at least, Nueces County has been arresting its citizens at a rate of more than 1,000 a year for offenses in which the most serious charge is a drug charge. Perhaps it might want to offer treatment on demand instead of treatment by court order, or simply decriminalizing drug possession, for a start.

But local law enforcement isn't thinking like that. Captain David Cook of the Narcotics Vice investigations squad had an old-fashioned answer: more cops. He said the department's 22 narcotics officers aren't enough.

"The drugs go north, and the currency comes south," he said. "I see everything that happens here and we try to keep a lid on it but it's difficult. You could give me 50 or 60 narcotics officers and maybe we could keep up."

They could no doubt keep up, or even increase, their drug arrests numbers with triple the narcotics officers, but can the good people of Corpus Christi afford to just pay for more of the same, year after year after year?

Corpus Christi, TX
United States

Drug War Snapshot: Volusia County, Florida

Volusia County, Florida, situated midway up the state's Atlantic Coast, has just under half a million people, and if its July 6 county jail bookings are any indication, it has one heck of a drug problem -- or is it an elective policing problem?

Volusia County Courthouse (volusia.org)
Of the 67 people booked into the Volusia County Branch Jail on the Friday after the 4th of July, only seven were charged with violent crimes, while people charged with drug offenses made up more than half of all bookings. At least 35 people were charged with drug offenses, mostly small-time trafficking, while three more were charged with drug possession while arrested for another crime.

The most common drug charges were sale of cocaine (11), followed by sale/trafficking in controlled substances (10), violation of drug court rules (4), possession of a controlled substance (3), and possession of cocaine (2). The day also saw single counts of possession of meth, sale of meth, manufacture of meth, sale of marijuana, and possession of marijuana.

Six people were arrested on unspecified probation violation or failure to appear charges. Some unknown portion of those were likely originally arrested on drug charges.

Only three people arrested on drug charges were also arresting on other criminal charges at the same time, one for burglary and drug possession, one for solicitation to commit prostitution and drug possession, and one for hindering a firefighter and drug possession. While drug use could be a factor in other charges filed, such as the five accused burglars below, they apparently weren't carrying drugs when committing those crimes.

Of the 23 people charged with other than drug offenses, only seven were charged with crimes of violence. Four faced charges of aggravated assault with a deadly weapon, one was charged with strong-arm robbery, one with robbery by assault, and one with intimidating a witness.

Three people were charges with status offenses -- acts that would not be a crime except for their having previous criminal convictions. One was charged with failure to register as a sex offender and two with felon in possession of a firearm.

The most common non-drug charge was burglary of an unoccupied dwelling, with five people being booked into the jail on that charge. The remaining eight people were charged with offenses ranging from solicitation to commit prostitution to child neglect and child porn possession to possession of counterfeit notes, fleeing and eluding, and grand theft.

Last Friday in Volusia County, prosecuting the drug war took up more than half of the county's law enforcement, prosecutorial, judicial, and correctional resources. The decisions about how to allocate law enforcement resources (or whether to even reduce them given the paucity of non-drug crimes) is something the good people of Volusia may want to ponder.

Daytona Beach, FL
United States

NYPD Sued Over Stop and Frisk Marijuana Arrests

The Legal Aid Society in New York City announced last Friday that it had filed a lawsuit against the NYPD over its continuing practice of making misdemeanor marijuana possession arrests when they order suspects to empty their pockets during the department's controversial stop and frisk searches. Police Commissioner Raymond issued a memorandum last fall directing police not to make the arrests, but only to ticket pot possession offenders, but police continue to charge people with misdemeanors, according to the lawsuit.

"It's certainly a sad commentary that the commissioner can issue a directive that reads well on paper but on the street corners of the city doesn't exist," said Legal Aid's chief lawyer, Steven Banks.

Under New York state law, marijuana possession is decriminalized, but public possession remains a misdemeanor. In New York City, police order suspects to empty their pockets, then charge them with public possession if a baggie appears.

A call to modify the state's decriminalization law to include public possession as only a ticketable offense won broad support, including from Gov. Andrew Cuomo (D) and Mayor Michael Bloomberg (R), but was killed last week by Senate Republicans.

The lawsuit, filed in State Supreme Court in Manhattan, seeks a court order against the city and the NYPD declaring the practice illegal under state law and barring officers from making such arrests.

The Legal Aid Society filed the suit on behalf of five New Yorkers, all of whom were arrested since mid-April on misdemeanor possession charges after small amounts of pot were found on them during police stops. In each case, the marijuana became visible only after officers searched the men or asked them to empty their pockets.

"These five individuals are New Yorkers who were essentially victimized by unlawful police practices," Banks said. "The lawsuit is aimed at stopping a pernicious police practice, which is harming thousands of New Yorkers a year and clogging up the court system with one out of seven criminal cases and diverting resources and attention from more serious criminal matters."

One plaintiff, Juan Gomez-Garcia, said he was waiting for a food order outside a Kennedy Fried Chicken restaurant in the Bronx on May 16 when an officer approached, began to question him and asked if he had any drugs on him. Mr. Gomez-Garcia, 27, said that after he admitted to the officer that he had marijuana in his pocket, the officer reached inside the pocket and removed a plastic bag containing a small amount of the drug.

He was arrested and charged with "open to public view" possession for having marijuana "in his right hand." He spent about 12 hours in a jail cell and was let go after he pleaded guilty to a disorderly conduct violation, according to the lawsuit.

Because of the NYPD's massive stop-and-frisk program -- aimed overwhelmingly at young people of color -- and because of the department's willful misinterpretation of the law and refusal to follow Commissioner Kelly's directive, New York City is the nation's marijuana arrest capital. Around 50,000 people a year are charged with misdemeanor pot possession.

According to the Legal Aid Society, NYPD continues to arrest people for pot possession at about the same pace as ever. While arrests dipped below 3,000 in December, by March, the number of arrests had risen to 4,186, a number almost identical to the 4,189 arrests made last August, before Kelly issued his directive.

New York, NY
United States

NY GOP Kills Marijuana Decriminalization Reform

New York decriminalized the possession of small amounts of marijuana in 1977, but New York City police continue to arrest 50,000 people a year for pot possession after stopping-and-frisking them, then tricking them into emptying their pockets and revealing their baggies of weed, triggering the misdemeanor offense of public possession of marijuana.

March 2012 protest of NYC stop and frisk violations
In a bid to end that practice, Gov. Andrew Cuomo (D) and the Democratically-controlled Assembly moved to reform the decriminalization law by removing the public possession provision with Assembly Bill 10581, but Monday night, Republicans and their Conservative Party allies in the Senate effectively killed it.

The Senate Republicans caved under pressure from Conservative leader Mike Long, who threatened to not allow any Republicans who supported the bill to appear on the Conservative Party line. The Senate then refused to take up the bill. That means the mass arrests, predominantly of young people of color, for what should, under state law, be only a ticketable offense, will continue, costing the state tens of millions of dollars each year.

The Republican failure to act comes in the face of widespread law enforcement support for the reform, including NYPD Commissioner Raymond Kelly, the district attorneys in all five New York City boroughs and suburban Nassau County, and even the New York City Patrolman's Benevolent Association. Kelly called the reform "a balanced approach," while Manhattan DA Cyrus Vance said it would bring greater "safety and fairness" to the criminal justice system and it was "the right thing to do."

"The Senate Republicans have single-handedly decided to continue ruining tens of thousands of lives -- mostly those of young people of color -- every year. Opposing law enforcement and the clear political consensus in the state is not just heartless -- it's a political miscalculation that will come to haunt them," said Dr. Divine Pryor, executive director of the Center for NuLeadership on Urban Solutions.

"Even Mayor Bloomberg and Commissioner Kelly have come out in support of this legislation. So what's holding up the Senate from passing smart reforms that will eliminate the tens of thousands of unlawful arrests taking place in the city every year?" said Alfredo Carrasquillo, community organizer with VOCAL New York.

Last week, the New York City Council passed a resolution by an overwhelming margin calling for an end to racially biased, costly, unlawful arrests. The resolution, introduced by Council Members Melissa Mark-Viverito and Oliver Koppell, was cosponsored by a majority of council members. The resolution came a day after hundreds of community activists went to Albany to deliver thousands of signatures to demand the New York State Senate pass legislation to decriminalize marijuana possession in public view.

"The New York Senate Republicans are doing what Republicans do best at the federal and local level -- they are obstructing progress and paralyzing government. The Republican Conference in the State Senate is completely out of touch with our communities of color in New York City and because of their inaction, tens of thousands more of our young people of color will be arrested before the end of this year, saddling them with a criminal record," said Mark-Viverito. "The governor, our mayor, the police commissioner, the city council, five district attorneys and criminal justice advocates are all on the same page here. Marijuana was decriminalized in 1977; all we are trying to do is close the 'in public view' loophole that is allowing thousands of unjust arrests of black and Latino youth in our communities."

"It wasn't too long ago that we referred to the 'three men in a room' when discussing the leadership structure in Albany. Now when we talk about leadership in the Senate, we should talk about 'one guy in Brooklyn,' said Gabriel Sayegh, New York state director of the Drug Policy Alliance. "While we are disappointed by the lack of action, we're not going anywhere. This campaign for reform has already scored a major victory by bringing this issue to the attention of New Yorkers and the entire country. We cannot and will not accept a situation where the laws are applied differently to different people based on their race or ethnicity or where they live. We'll keep pushing for reform, for fairness, equality, and justice. Given the overwhelming support by law enforcement for this proposal, I think Majority Leader Skelos and even Mr. Long will come to do what’s right."

Albany, NY
United States

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