Global Ganja Report

A judge for the US District Court for the Southern District of New York ruled Aug. 12 that the New York Police Department (NYPD) stop-and-frisk policy violates the Fourth and Fourteenth Amendments. Over the past decade, the city has conducted about 5 million stop-and-frisks, with more than 80% of those targeted Black or Latino. Judge Shira Scheindlin noted: "A lot of people are being frisked or searched on suspicion of having a gun and nobody has a gun. Only 0.14 percent of stops have led to police finding guns. So the point is suspicion turns out to be wrong in most cases." Scheindlin said she was not putting an end to the policy, but would name an independent monitor to help develop reforms to the practice. She also ordered that officers test out body-worn cameras in precincts where most stops occurred. 

Police can't pull you over and arrest you just because you gave them the finger, the US Court of Appeals for the Second Circuit in New York ruled Jan. 3. In a 14-page opinion, the court found that the "ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity." John Swartz and his wife Judy Mayton-Swartz had sued two police officers who arrested Swartz in May 2006 after he flipped off an officer who was using a radar device at an intersection in St. Johnsville, NY. Swartz was charged with a violation of New York's disorderly conduct statute, although the charges were dropped on speedy trial grounds.

Mexican poet and author Javier Sicilia spoke on the steps of New York’s Federal Hall, across Wall Street from the Stock Exchange, in a Sept. 7 rally by the Caravan for Peace With Justice and Dignity that culminated a tour of 27 US cities. About 20 of the caravan's 120 members have lost children, siblings or other relatives to the drug war, which Sicilia denounces as "false," "ignoble," and, above all, "lost." The caravaneros joined with local supporters in New York City to oppose the "war on drugs," and point to Wall Street's role in laundering narco-profits—while low-level traffickers, personal users and just ordinary people caught in the cross-fire pay with their lives and freedom both sides of the US-Mexico border. (World War 4 Report, Sept. 10)

Brooklyn judge Gustin Reichbach, who won notoriety two months ago when he wrote an op-ed for the New York Times expressing his support for medical marijuana, died July 14 after a nearly three-year struggle with pancreatic cancer. In his May 16 op-ed, he wrote: "My survival has demanded an enormous price, including months of chemotherapy, radiation hell and brutal surgery... Inhaled marijuana is the only medicine that gives me some relief from nausea, stimulates my appetite, and makes it easier to fall asleep." 

New York's Gov. Andrew Cuomo held an Albany press conference June 4 to announce that he will ask state lawmakers to make possession of cannabis "in public view" a violation—essentially, the same as simple possession of under an ounce in the Empire State. Having the herb "in public view" is currently a misdemeanor, which is exploited by New York City police to rack up arrests in so-called "stop-and-frisks" by spooking citizens into displaying their stash—an illegal practice that has been the focus of a recent controversy. Cuomo's proposal immediately won the support of Mayor Michael Bloomberg, his top prosecutors and—amazingly—the New York Police Department.

Federal Judge Shira A. Scheindlin on May 16 approved a class-action lawsuit challenging the New York Police Department's stop-and-frisk tactics, saying she was disturbed by the city's "deeply troubling apathy towards New Yorkers' most fundamental constitutional rights." The decision provides potential legal recourse for hundreds of thousands have been caught up in the department's aggressive stop-and-frisk practice, which has resulted in hundreds of illegal cannabis arrests and critics say unjustly targets Blacks and Latinos.

On May 5, the flagship New York City event in the Global Marijuana March movement returned to its traditional home of Washington Square Park after an absence of several years, with revelers gathering there at "high" noon—and then marching up to Union Square for a rally. Union Square has been since the start of spring a focal point for the Occupy Wall Street movement, so marijuana marchers and Occupy activists merged and mingled there. Among their common demands was an end to the NYPD's aggressive stop-and-frisk policy which has resulted in hundreds of illegal cannabis arrests. One slogan written on the pavement in multi-colored chalk read: "Occupy Justice, Stop Stop-and-Frisk." Speakers also demanded freedom for Dana Beal, the mastermind of the Global Marijuana March who is now serving time on a cannabis charge in Nebraska. (Global Ganja Report on the scene)

The Daily News on April 9 couldn't resist two sophomoric jokes in the lead line of its story on New York's governor axing chances for passage of a medicinal cannabis bill this year: "Gov. Cuomo provided a buzz-kill Monday to a new legislative push to legalize medicinal marijuana that is being fired up." Andrew Cuomo told the newspaper that legalization of marijuana for medical purposes has "tremendous risks," and is unlikely to be taken up by the Legislature this year. "I understand the benefits, but there are also risks, and I think the risks outweigh the benefits at this point," Cuomo said, reiterating the position he took during his 2010 campaign for governor.