Analysis of Alternatives to New York City's Current Marijuana Arrest and Detention Policy

• NCJ Number: 223535
• Journal: Policing: An International Journal of Police Strategies & Management Volume: 31 Issue: 2 Dated: 2008 Pages: 226-250
• Author(s): Bruce D. Johnson; Andrew Golub; Eloise Dunlap; Stephen J. Sifaneck
• Date Published: 2008
• Length: 25 pages
• Grant Number(s): 1R01 DA/CA13690-05
• Sponsoring Agency: National Institute on Drug Abuse
• Publication Format: Article
• Publication Type: Report (Study/Research); Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Using data for the period 1994 through 2000, this study examined the advantages and disadvantages of the current policy of the New York City Police Department (NYPD) of arresting and detaining individuals charged with smoking marijuana in public; and this policy was compared with alternative police policies for addressing this offense.

Abstract

The number of NYPD arrests for marijuana use in public view (MPV), with most detained for 1 or 2 days, increased from 3,000 in 1994 to just over 50,000 in 2000. Most of those arrested (84 percent) were Blacks and Hispanics. Blacks were 2.7 times more likely to be detained than Whites for an MPV arrest and Hispanics were 1.8 times more likely to be detained than Whites. These minorities were found to receive more severe dispositions, even when controlling for demographics and prior arrest histories. Although the majority of New York City residents do not approve of marijuana use and probably do not want to see marijuana smoking in public, support for the current NYPD policy toward this offense is weak and unimportant to the city's residents. This was evident from the few citizen complaints when police either ignored or warned marijuana smokers (1980-94). The authors recommend that the NYPD change its policy toward MPV by routinely issuing desk-appearance tickets (DAT) to individuals who smoke marijuana in public places. Other options available are the issuing of a noncriminal citation, a street warning, and toleration of public marijuana smoking (no offense). Any of these alternative policies would help reduce the number of detentions and the disproportionate burden on minorities that results from the current arrest-and-detention policy. These policies would have the effect of maintaining civic norms against MPV while avoiding the adverse consequences of the current enforcement policy. 2 figures, 4 notes, and 69 references