Mayor Bill de Blasio and Police Commissioner James O'Neill. | Michael Appleton/ Mayoral Photography Office Marijuana arrests in city increased in 2016, with large racial disparities

The New York Police Department arrested 18,136 people for marijuana possession in 2016, a 9 percent increase from 2015, according to data provided by the state Division of Criminal Justice Services.

But marijuana arrests are down 31 percent from 2014 and 37 percent from 2013, the last year of former mayor Michael Bloomberg's administration. And marijuana arrests already had decreased 43 percent under Bloomberg compared to the peak in 2011.


The NYPD's own numbers show 17,672 arrests in 2016, a 10 percent increase from the 2015 number the department provided.

The state data shows arrests where the top charge was marijuana possession in the 5th degree , a class B misdemeanor which includes two sections: 1) marijuana that is open to public view or being burned, or, 2) possession of more than 25 grams but less than two ounces.

In his 2013 mayoral campaign, De Blasio said he would direct the police "to reduce arrests for marijuana violations."

And in November, 2014, de Blasio announced that the NYPD would issue a summons instead of arresting people if they possess fewer than 25 grams of marijuana even if it is in public view, unless the marijuana is burning, if there is an intent to sell, if the individual has an outstanding warrant or is in a school.

State data shows that the vast majority of marijuana arrests are for subsection one, where pot is open to public view or being burned. In 2016 17,406 of the arrests, or 96 percent, were for subsection one. Previous years showed similar ratios of between 96 and 99 percent. Very few of the arrests are for subsection two, more than 25 grams of marijuana.

In a December interview on WNYC’s “Brian Lehrer Show” de Blasio touted his policy on marijuana enforcement, saying, "We were going to stop the things that were causing a rift between police and community. For example, we stopped the arrest for low-level marijuana possession."

Advocates acknowledged that there have been fewer arrests but they also believe there still are too many.

"Yes, it's down significantly from the height of stop and frisk, but there's still lots of people that are getting caught up in these marijuana arrests" Alyssa Aguilera, executive director of VOCAL-NY, said. "People from the mayor, to the NYPD, to Governor Cuomo have said these are needless, they're racially biased and they only serve as a gateway to this mass incarceration."

While the number of arrests has decreased, the racial disparity remains high and largely unchanged. In 2016, 46 percent of those arrested for marijuana were black, 39 percent were Hispanic and 10 percent were white. In 2013, 50 percent were black, 37 percent were Hispanic, and 9 percent were white.

Surveys show that blacks and whites use marijuana at similar rates. An American Civil Liberties Union analysis of National Household Survey on Drug Abuse and Health data found that in 2010, 14 percent of blacks and 11.6 percent of whites said they had used marijuana in the previous year. And 33.4 percent of whites between 18 years old and 25 years old, and 27.6 percent of blacks in that age range reported using marijuana in the past year.

Precinct-level arrest data, visible on the interactive map below, shows that there are more arrests in communities of color like northern Manhattan, central Brooklyn and southeast Queens.

Referring to the map, Aguilera said, "It is troubling that this map looks nearly identical to those from 2010 at the height of stop-and-frisk."

Asked about the 2016 increase and the racial disparities, Austin Finan, a spokesman for de Blasio, said in an email: “The reduction in marijuana arrests and increase in marijuana summonses since Mayor de Blasio took office show he’s taken concrete steps to reduce unnecessary arrests while keeping New York the safest big city in America.”

But advocates aren't so sanguine. "The racial disparity is really troubling, and to us is indicator that the NYPD is still pursuing its flawed 'broken windows' strategy," said Johanna Miller, advocacy director for the New York Civil Liberties Union.

Aguilera agreed, saying, "I think if there was a real priority to stop broken windows policing across the city in communities of color, we'd see those marijuana arrests continue to go down."

In 2013 De Blasio acknowledged the racial disparities in marijuana arrests in his campaign book, saying the policy was "unjust and wrong."

Both Aguilera and Miller said there needs to be state action as well to decriminalize marijuana. Gov. Andrew Cuomo called for the decriminalization of marijuana in his 2017 State of the State book , saying he will advance legislation amending the state's drug laws to remove criminal penalties.



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