[Disclaimer: Due to my Department's restrictive internal disciplinary policies regarding their personnel's expression of personal opinion, certain details and aspects of my background have been intentionally redacted from this story.]
Criminal Possession of Marijuana (CPM)
Upon receiving some great productive feedback regarding my first article, https://steemit.com/philosophy/@ryanjk8/an-officer-s-take-social-justice-and-the-failure-of-quantitative-policing, I’ve decided to share some of my thoughts about legalizing marijuana. Thank you all for the comments, this article sprung from a brief discussion with @ekklesiagora. Stay tuned for upcoming posts regarding asset forfeiture and administrative subpoenas, @ericarthurblair, @andrarchy.
Although New York State and NYC have made incremental strides in decriminalizing the possession and recreational use of marijuana, there still remains one large hurdle. According to the NYS Penal Code, "A person is guilty of criminal possession of marijuana in the fifth degree when he/she knowingly and unlawfully possesses: 1. marijuana in a public place and such marijuana is burning or open to public view." This particular piece of legislation is Penal Law 221.10, known simply as "CPM" in cop-talk. And in case you weren't aware, CPM is still technically a misdemeanor in NYC. However, it is also true that CPM misdemeanor arrests have been on the decline in NYC recently, and I applaud that, especially considering the costs (both human and economic) associated with making these types of arrests. Depending on which side of the isle you are on, CPM can be considered a "Quality of Life" issue for city residents. What side of the isle am I on? Personally, I say scrap this aspect of the law entirely.
The “Misdemeanor Justice Project”
In a comprehensive study called "The Misdemeanor Justice Project" (1), conducted by associates and professors at John Jay College of Criminal Justice, the authors tracked enforcement rates for misdemeanor arrests (such as CPM) from 2003 to 2014, and compared them to enforcement rates of felony arrests during the same time period. They also compared said misdemeanor rates to the rate of "Stop/Question/Frisk" Reports prepared during the same time period (each report documenting one person stopped). This data is shown here:
As you can see, between the approximate years of 1990 and 2010, the rate of enforcement for misdemeanor offenses more than doubled. It is also extremely important to note the immense spike in stops conducted by the NYPD between the time period of 2003 to 2014. Looks funny doesn't it? Look closer and notice how the felony enforcement rate, which includes most forms of violent crime, stayed relatively constant between 2003 and 2014. If "Broken Windows Theory" were correct (2), then felony arrest rates should have shown at least a slight decrease during this time period of increased stop and frisks and misdemeanor arrests, since the theory states that concentration on low-level offenses has an ultimate effect of decreasing felonious (serious) crime. Of course, this also assumes that felonious arrests rise or fall in a direct correlation with the felony crime rate. This data shows no clear correlation, direct or otherwise, between stops, misdemeanors, and their affects on felonious crime.
On a side note, that spike you see in stops between 2003 and 2014 represents the height of quantitative policing, and it was during a time when “Stop/Question/Frisk Reports” (or “UF-250s”) were touted by the Department’s executives (especially Commissioner Ray Kelly) as a tool for fighting crime and collecting information. Rookie officers were encouraged and pressured to fill out as many UF-250s as they could to reflect their level of “activity”, and all pedigree information collected from these encounters were then entered into a central database (a move which was later reversed upon judicial intervention). As you can see, these stops had little to no affect upon the rate of felony arrest enforcement.
The Costs of Enforcement
Let's talk about the costs. The economic burden placed on our system by continuing to enforce these laws, albeit less stringently as of late, is simply enormous. Officer overtime costs, court fees, and other associated costs come out of the taxpayer's pocket. There is also the missed taxation opportunity to consider; legalizing marijuana would literally flood the state coffers with tens of millions of dollars (if not more) in additional revenue through sales tax. Let's also think about the human cost here; throwing the book at nonviolent offenders for committing victimless "crimes". It is also important to consider the trust factor between the public and the police in the USA, which is currently at, or near, an all time low. This type of distrust only serves to divide us, and arguably puts the lives of both citizens and officers in danger during every street encounter.
In my view, the legalization of marijuana would go a long way in helping to restore trust between law enforcement and the public simply by removing one of the most common catalysts for police encounters from the equation. And, as shown in the data above, heavy-handed enforcement on misdemeanor offenses (such as CPM) has shown little to no correlation to reducing violent felony crime. America needs to let this particular law go the way of the Dodo bird, so that police departments nationwide can focus their efforts more responsibly, most particularly on the deterrence and investigation of violent crime. On a positive note, and to give the City credit where it is due, there have been some recent changes made that have resulted in the replacement of the Criminal Court summons (“C summons”) with a Civil Court summons for most low level offenses (not CPM), the major difference being that if an individual fails to respond to the civil summons, a warrant no longer goes out for that person's arrest, alleviating yet another burden from an already ailing Criminal Justice system while also averting the needless arrest of a citizen for their failure to pay a small fine.
The author of this article is an active New York City Police Officer, currently serving the City in an investigative capacity.
(1) Misdemeanor Justice Project: Presented to the Citizens Crime Commission on December 11th, 2015 by Preeti Chauhan, Ph.D., Todd C. Warner, Ph.D., Adam G. Fera, M.A., Ervin Balazon, M.P.A., Olive Lu, M.S., Megan Welsh, Ph.D.
(2) Broken Windows Theory- A sociological theory in policing suggesting that sharp enforcement on low level offenses can decrease or combat violent crime in a given community. James Q. Wilson and George L. Kelling.
Absolutely fascinating. I'd read about broken window theory, but it's just so awesome to hear an officer's perspective on these issues.
I'm a pretty keen believer that the current disconnect between officers and the public is much more of a policy issue than an officer issue. Legalizing marijuana and enacting policy changes that allow officers to work with the community will go a long way to alleviating the problem.
As always, thanks for sharing. Upped and resteemed.
Thank you! Appreciate the comment- I agree. Some policy changes would absolutely help. But it doesn't take the burden off of us to treat every citizen as we would want to be treated. Thanks for reading.
Living in the Netherlands where posession of small quantities (or to home grow in small quantities) is legal I agree that strict law enforcement on marihuana does not serve anything. Over here we do not have a bigger issue with marhihuana, enforcement costs are lower, the quality is better and criminality related to marihuana is lower. So there are only benefits
I agree with your conclusion. However the reality is some state governments make more money by incarcerating people for the possession. Police departments get funding to fight the crime and the prisons get funds from the state to house the prisoners.
Thanks for commenting and reading! Agree that the funding is there, but if the state were to redefine marijuana as legal, users would no longer be subject to these laws.
I agree but those laws need to be changed on the federal level not state. No state wants cut off their money machine. We all should vote for a president that wants to legalize it.
Indeed!
Glad to see another good post.
If you have time, I'd be interested in hearing you weigh in on anti-homeless laws and on crackdowns on non-violent activism. I've been involved in Food Not Bombs and a lot of cities have laws against sharing food with the homeless. A lot of times, cops try to intimidate FNB volunteers even if there aren't any laws against feeding the homeless. There was a protest in our city and a bunch of people were arrested (and are facing bogus charges) for speaking at an anti-Trump rally. One thing I've noticed is that cops and Americans in general hate activists especially anarchists. While I don't currently identify as an anarchist, it seems to me like an extremely rational and ethical philosophy, more so than mainstream political ideologies. I think cops should probably have to recieve some basic education on different ideologies and religions (anarchism, Islam, Hinduism, Marxism, etc.)...as well as more sociology/anthropology and maybe more psychology than they currently learn. Cops need to be able to understand and relate to the people in their community.
Very good ideas, I will put them in my queue for sure. I absolutely agree that educational standards need IMMEDIATE assessment. The current problem is, at least in our Department, not the availability of educational opportunities for officers to pursue, but the scarcity of educated applicants in the first place. I will post about this issue as well and how I would go about improving it.
I look forward to reading your future posts.
Congratulations @ryanjk8!
Your post was mentioned in my hit parade in the following category:
Thank you! Loving Steemit so far!
but its better for my friends and their businesses if more people go to prison, they can work and make more money for us while incarcerated
"Let's also think about the human cost here; throwing the book at nonviolent offenders for committing victimless "crimes". It is also important to consider the trust factor between the public and the police in the USA, which is currently at, or near, an all time low. This type of distrust only serves to divide us, and arguably puts the lives of both citizens and officers in danger during every street encounter."
Citizens should respect and work with police (who should have conduct worthy of respect) rather than fearing them and the consequenses of being "caught" doing things that do not hurt anyone other than potentially themselves, as I believe people have the right to make that (ideally informed) choice on their own, when it comes to recreational substances.
Well said. Respect goes in both directions. Thank you for the comment and for reading!
I agree with @jenkinrocket, these posts are absolutely fascinating! We hear so much from the news media, accquaintances, word of mouth, but never from a real person who has been a part of it. Keep up the amazing work @ryanjk8, these posts are really really great reads!
Thanks for reading and for the words of encouragement! I plan to!
I write something a bit realated, maybe not the exact related, but please take a look on my article about governments and blockchain in clash this is my first serious article on steemit I`ve put in it a lot of work:
https://steemit.com/bitcoin/@bolgan/blockchain-vs-governments-my-prediction
Great read! Thank you for sharing!
Welcome! Thanks for reading!
@ryanjk8 interesting post...cool to have you on Steemit. - Miami PD has a vlog on YouTube - would be cool if you convince your department to do a vlog and post it to Steemit one day. - I would be more than happy to support you all.
Take care.
Thank you! I am going to check it out. I would have to look into getting the Department to post officially, it's a little more difficult than it sounds, unfortunately. Either way, I will continue posting and informing the Steemit community. Thanks for the support!
This is excellent. Community investment pays dividends.
I believe the technology behind this platform (STEEM blockchain) has the power to change the world and our country. If police departments continue to start becoming more transparent/blogging communicating with the public more through social media, it will only be of benefit to everyone. If they got on STEEM it would be even better than relying only on a centralized service and company (YouTube).
Agreed! Transparency is one of my main goals here.
Hi I am from holland. Do you know the low for soft drugs in my country. It's legal.. a lot of positives sides to it. Can I ask you to chevk my post https://steemit.com/photography/@rival/20-3-2005-my-daughter-was-born-see-what-my-friends-did I want to know if this is common in your country?
Itu barang yang banyak terdapat di aceh,,, numun di
Rule by force is the disease, who and how are just symptoms.
You cannot reform from the inside what will have to be abandoned by those on the outside.
As long as you lend your credibility to a corrupt system, you are the problem.
Insert this pic here.
I self censored that very emotional pic in hopes that your emotional reaction to it will be muted by it's not slapping you directly in the face.
Thanks for encouraging the environment that makes me feel it necessary to self-censor,.... 0.o
World Peace in 20 Words or Less!
Interesting take! Thanks for commenting!
Are you gonna stop forcing people to do things they don't want to do?
Maybe get a real job?
One that doesn't expect a lifetime of money for a few years of work?
Good questions! Will get back to you on those!
This short video will give you a perspective you are unlikely to have been exposed to before.
Thanks!
Np, welcome to Steemit,...
Thank you for your insight and for reading!
All good points and I don't disagree with any of them -- but to single out police officers as the ones who need to change is, I think, putting things backwards.
I don't see police officers as selfless knights who have dedicated their lives to humanity. These are people -- mostly good people -- who, at the end of the day, need to go home to their families, pay their bills, and hug their children. They are mostly useful to have around for the rare but possible catastrophe. But, like all societal tools, they inevitably end up getting used for things they weren't designed to.
It's easy to blame the police officers -- if they were just more moral people, then the whole thing would work. But think of the pressure they are put under. Do you want a raise? Want to get off nights so you have a better life and more time with your family? Want to get off traffic detail? Then you check the boxes and fill your quotas. In as ethical a way as you can, but when they want a certain number of forms or stops done, you either do it or find another job.
And think about this -- if we tell all of the ethical police officers that they should not do this part of their job and accept being fired if they don't, then all we are left with is unethical police officers -- certainly the opposite of what we want.
We need to change the system. Not expect the police to do it for us.
Excellent points, agreed.