New marijuana law in New York: Who’s eligible to clear criminal record? What about smoking in public?

Staff-Shot

New legislation will reduce public use or low-level possession of marijuana to a fine. (Staten Island Advance)

By Kyle Lawson 

STATEN ISLAND, N.Y. -- A new law to decriminalize marijuana in New York stands to have a big impact on some borough residents with a criminal record.

Bill A08420A was signed Monday by Gov. Andrew Cuomo, who emphasized the social justice aspect of the legislation.

Here’s a closer look at what the law means for residents with a record, and the new laws pertaining to possession or use of marijuana in public:

PAST CONVICTIONS

A criminal conviction for possessing an amount of marijuana with street-level dealing or personal use can have a huge impact on a person’s life.

Jobs, student loans and housing are just a few opportunities that in many cases are unattainable with a record.

The new bill lays the groundwork for clearing marijuana convictions for possession of up to 25 grams, meaning several hundreds of thousands of New Yorkers will be eligible.

“By providing individuals who have suffered the consequences of an unfair marijuana conviction with a path to have their records expunged and by reducing draconian penalties, we are taking a critical step forward in addressing a broken and discriminatory criminal justice process," said Cuomo after signing the bill Monday.

Prosecutors in other boroughs already have dismissed thousands of marijuana cases in their county’s court systems.

However, District Attorney Michael E. McMahon told the Advance in December he would continue to provide those with marijuana warrants a chance to clear their record through the Fresh Start program, which his office hosts on an annual basis.

His office did not immediately respond to a request for comment on the latest shift in policy.

SMOKING IN PUBLIC

In New York City, tens of thousands of marijuana arrests are made annually for public possession or use, and nearly 90% of people charged are either black or Latino, according to a recent study published by the Drug Policy Alliance.

The use or possession of marijuana in public will now be reduced from a criminal misdemeanor --punishable by up to 90 days in jail -- to a fine-only offense.

FUTURE ENFORCEMENT

Possession of up to one ounce (28 grams) of marijuana in New York will now be punishable by a $50 fine.

Possession of more than one ounce, but less than two ounces, will be reduced from a criminal misdemeanor -- punishable by up to three months in jail -- to a non-criminal violation, punishable by a $200 fine.

An offender’s prior criminal history has no bearing on the new enforcement policy.