Global Ganja Report

This week, the New York City Council called for the state of New York to pass legislation to tax and regulate cannabis, as well as to close loopholes in the state's decriminalization law that allow arrests for small quantitites to continue. As part of its State Budget and Legislative Agenda for the 2015-2016 legislative session, the Council urged the state legislature to pass both the Marijuana Regulation and Tax Act (MRTA) and the Fairness and Equity Act. Council Speaker Melissa Mark-Viverito announced her support for cannabis legalization in November, but this marks the first time that the issue has been part of the Council's official legislative agenda.

New York City Police Commissioner Bill Bratton whimsically held up a baggie filled with oregano to show what 25 grams (about an ounce) of herb looks like in announcing the new policy to stop making arrests for those found in possession of that much cannabis in public view. The policy is expected to curb the tens of thousands of arrests for low-level possession the NYPD makes each year—busts that disproportionately affect Black and Latino residents despite the fact that whites use the herb no less. Despite New York State's 1976 decriminalization law, the Big Apple has remained the marijuana arrest capital of the world—and arrests have actually increased since the supposedly progressive Mayor Bill de Blasio took office this year. Pot in public view is what is critical—allowing police to make arrests for what would otherwise be just a ticketable offense. But even under the new policy, possession in public view can still get you a summons and a $100 fine, and those smoking in public will still be subject to arrest.

Two New York City cops have been disciplined after a disturbing video surfaced showing a 16-year-old boy pistol-whipped and beaten after being stopped on suspicion of pot possession. A Brooklyn grand jury is to begin hearing evidence in the case to determine whether criminal charges should be brought against the cops, according to the Daily News of Oct. 7. The video, taken around 2:20 AM on Aug. 29, shows Kahreem Tribble running from police, slowing down and apparently attempting to surrender on St. John's Place in Bedford-Stuyvesant. He'd already come to a complete stop on the sidewalk when one of the cops, identified as Tyrane Isaac, threw a punch to Tribble's head. The teen put up his hands—only to have a second cop, David Afanador, slug him across the face with his sidearm. A third officer, identified as Christopher Mastoros, can be seen taking no action to help Tribble as he is brutalized. Tribble suffered several broken teeth, swelling and mouth injuries. He was arrested for marijuana possession. Police said Tribble tossed a small canvas bag as they gave chase; the recovered bag contained 17 zip-lock baggies of cannabis. "These police officers behaved themselves in a truly deplorable manner," said  Tribble's lawyer, Amy Rameau. "This type of conduct should not be tolerated and I want to see them prosecuted for what they did to my client."

In another sign of the new progressive tilt in New York City politics, the New York Post reports July 8 that Brooklyn District Attorney Ken Thompson has announced that he will stop prosecuting low-level marijuana cases. Thompson's press release said his new policy is to "prevent offenders—who are disproportionately young men of color—from being saddled with a criminal record for a minor, non-violent offense." But Police Commissioner Bill Bratton said his cops will keep arresting Brooklyn's cannabis tokers anyway. "In order to be effective, our police officers must enforce the laws of the State of New York uniformly throughout all five boroughs of the City," Bratton said in his own statement. "Accordingly, the Kings County policy change will not result in any changes in the policies and procedures of the NYPD."

Gov. Andrew Cuomo signed a bill into law July 7 that makes New York the 23rd medical marijuana state. Advocates celebrated a deal struck last month between Cuomo and the state legislature that will protect qualified patients from arrest, prosecution and discrimination, and license up to 20 distribution facilities across the state. The new law empowers the New York State Department of Health (DOH) to license physicians to recommend marijuana to patients with cancer, HIV/AIDS, epilepsy, and a limited range of other medical conditions. However, the law only allows for products that use an extracted form of cannabis, such as oil or edibles, which are to be produced under a state-licensed manufacturing process. Advocates have voiced concerns over the law's 7% tax, and a prohibition on access to whole-plant cannabis. Advocates also raise concerns over the prohibitive cost for many patients who cannot afford to purchase what would otherwise be an inexpensive medicine to grow. The new law gives the DOH 18 months to establish regulations and will sunset in seven years. (ASA, July 7)

In a dramatic early morning raid June 4, some 400 NYPD cops wearing bullet-proof vests stormed the Manhattanville and Grant housing projects in Harlem, arresting scores in what was boasted as the largest gang case in New York City history. In what was dubbed Operation Crew Cut Initiative, police commissioner William Bratton announced 103 indictments of accused members of the Make It Happen Boys, Money Avenue and 3 Staccs gangs. Charges in the 145-count indictment include conspiracy to commit murder, conspiracy to commit gang assault, and weapons possession. Of those indicted, 41 were already in jail on other charges. The three warring crews are  held responsible for at least two homicides and 19 shootings in and around the housing projects in recent years. The suspects are all between 15 and 30 years old. "If you choose this lifestyle, you will suffer the same fate as these individuals," Bratton said at a news conference later in the day. (Daily News, WABC, Newsday, June 4)

A 15-count indictment was unsealed Feb. 11 in a Brooklyn federal court, charging seven defendants with narcotics trafficking, money laundering, and firearms offenses based on what an FBI press release calls their participation in a "transnational heroin and cocaine trafficking conspiracy involving the ‘Ndrangheta, one of Italy's most powerful organized crime syndicates." Italy's Polizia di Stato simultaneously announced the arrest of another 17 in the southern province of Reggio di Calabria by troops of the elite Central Anti-Crime Directorate. The coordinated international operation for two years monitored narco-trafficking networks between Latin America, Italy, Canada and the US. The Italian hub of the ring was identified as the port of Gioia Tauro in Reggio di Calabria. 

New York Governor Andrew Cuomo announced during his State of the State address on Jan. 8 plans for a medical marijuana pilot program that would permit up to 20 hospitals to distribute cannabis to patients with serious illnesses. According to a press release, the pilot program "will allow qualified eligible participants to seek relief for their symptoms in a safe and legal manner, while also evaluating the effectiveness and feasibility of a medical marijuana system," with the findings of the program to help shape future policy. The plan creates the program within current New York statutory authority—specifically, the Controlled Substances Therapeutic Research Act of 1980, which allows the state to establish medical marijuana research programs in hospitals. Critics have claimed that the reliance on this statute is unworkable in the long-term. (Jurist, Jan. 9)