Police Will Do Anything to Arrest People for Marijuana, Part II
One of the most pernicious lies in the marijuana debate is that police aren't aggressively working to arrest people for small amounts of pot. They are. Although there are parts of the country where marijuana is a low priority for police, there are also places like New York City, where police have developed finely tuned mechanisms for arresting and convicting as many minor marijuana offenders as humanly possible.
What makes New York City's epic war on marijuana so remarkable is not just the staggering number of arrests (more than any other city on earth), but the despicable methods that are used to achieve that result. First, police must work their way around the fact that 1) possession of small amounts of marijuana is decriminalized in New York and 2) the 4th Amendment forbids searching people against their will without evidence of a crime.
Basically, the program consists of stopping large numbers of people (primarily young black and Hispanic men) for no reason and then saying this:
Amazingly, you're not actually guilty of a crime until you attempt to cooperate with police. It is literally the act of showing them your stash that is a violation of the law and everything they say up until that point is designed to trick you into doing that. As is so often the case, policing in the war on drugs consists of tricking people into breaking the law so that the law can then be enforced.
Don't let anybody tell you we're not waging a war on marijuana users in America. That's exactly what we're doing and that's why marijuana policy reform has nothing do with people wanting to get high. This is about justice, human rights, and common sense. To jettison these principles because of marijuana is an act of unfathomable lunacy.
What makes New York City's epic war on marijuana so remarkable is not just the staggering number of arrests (more than any other city on earth), but the despicable methods that are used to achieve that result. First, police must work their way around the fact that 1) possession of small amounts of marijuana is decriminalized in New York and 2) the 4th Amendment forbids searching people against their will without evidence of a crime.
Basically, the program consists of stopping large numbers of people (primarily young black and Hispanic men) for no reason and then saying this:
"We're going to have to search you. If you have anything illegal you should show it to us now. If we find something when we search you, you'll have to spend the night in jail. But if you show us what you have now, maybe we can just give you a ticket. And if it’s nothing but a little weed, maybe we can let you go. So if you’ve got anything you’re not supposed to have, take it out and show it now.â€
When police say this, the young people usually take out their small amount of marijuana and hand it over. Their marijuana is now "open to public view." And that – having a bit of pot out and open to be seen – technically makes it a crime, a fingerprintable offense. And for cooperating with the police, the young people are handcuffed and jailed. [Alternet]
Amazingly, you're not actually guilty of a crime until you attempt to cooperate with police. It is literally the act of showing them your stash that is a violation of the law and everything they say up until that point is designed to trick you into doing that. As is so often the case, policing in the war on drugs consists of tricking people into breaking the law so that the law can then be enforced.
Don't let anybody tell you we're not waging a war on marijuana users in America. That's exactly what we're doing and that's why marijuana policy reform has nothing do with people wanting to get high. This is about justice, human rights, and common sense. To jettison these principles because of marijuana is an act of unfathomable lunacy.
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