NY: Help Staten Islanders Move On After A Marijuana Arrest

Ron Strider

Well-Known Member
As Governor Cuomo called a special session of the State Legislature in June, a bill that could help thousands of New Yorkers wasn't moving. In February, the Assembly passed A.2142, which would seal the criminal records of people who have been unjustly and unconstitutionally arrested for simple possession of marijuana in public view. Unfortunately, S. 3809, the Senate companion to this opportunity-expanding bill, remained bottled up in the Senate's Codes Committee, denying much-needed respite to hundreds of thousands of New Yorkers suffering from the collateral consequences of having a criminal record.

In 2016, 366 people on Staten Island were arrested for simple criminal possession of marijuana. People who use marijuana responsibly are our family members, friends, neighbors, co-workers and members of our communities of faith. They're represented in all occupations, including health care professionals, home health aides and security guards. And they shouldn't be denied the right and dignity to care for and protect us because they've been convicted of possessing marijuana outside of the workplace.

Fortunately, in 2011, then Mayor Bloomberg and Commissioner Kelly issued an order directing the NYPD to stop manufacturing marijuana arrests. But for those who were arrested and convicted for criminal possession of marijuana, the punishment lasts a lifetime in the form of a permanent criminal record and reduced opportunities for employment, education, housing and professional licensing, as well as the prospect of detention and deportation for immigrants. These negative consequences are for the possession of a plant that's much safer than the opioids that have caused over 65 overdose deaths this year on Staten Island.

Unlike New Jersey, New York does not have a mechanism for sealing marijuana arrest records. Many of our neighbors in New Jersey who were charged and convicted of marijuana possession can expunge their records after a short period of time, assuming there are no subsequent convictions. This allows them to move forward with their lives and obtain jobs without the conviction showing up on background checks.

The bill that the State Senate failed to act on would create a process so those convicted of marijuana possession in the past could have their records sealed, and those convicted in the future would automatically have their records sealed. It would also prohibit a waiver of sealing as part of a plea bargain, an important protection in light of the high number of misdemeanor cases that don't go to trial and are instead resolved through negotiating a plea.

Staten Islanders can do the right thing for racial justice and opportunity by urging Senator Lanza to join Senator Savino in supporting sealing criminal records for low-level marijuana possession, and pushing Governor Cuomo to act to seal these records for arrests that he has acknowledged are stigmatizing and unjust.

The State Senate and Governor Cuomo's failure to act this session guaranteed a cruel summer for hundreds of thousands of New Yorkers unjustly convicted for possessing a plant.

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News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Help Staten Islanders move on after a marijuana arrest (commentary) | SILive.com
Author: MICHAEL HEITMANN AND DOUG GREENE
Contact: Contact Us - Staten Island Media Group
Photo Credit: Jim Mone
Website: Staten Island NY Local News, Breaking News, Sports & Weather - SILive.com
 
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