Cops Can’t Arrest You For Smoking Marijuana On Sidewalks, NYPD Says In Post-Legalization Memo


The New York Police Department (NYPD) on Thursday sent a memo to officers updating them on new policies for marijuana after the governor signed a legalization bill into law this week. Among other changes, police can no longer arrest adults 21 and older for simply using marijuana in places where smoking tobacco is permitted—and that includes “on sidewalks, on front stoops and other public places,” the document states. “As a result, smoking marihuana in any of these locations is not a basis for an approach, stop, summons, arrest or search.” As prescribed under the law, adults can now possess up to three ounces of cannabis and also gift marijuana to other adults “so long as no compensation is exchanged,” NYPD said. Home cultivation will eventually be legal as well, but not until regulators issued rules allowing it. The department clarified that nobody, regardless of age, can drive while impaired from cannabis. However, “the smell of marihuana alone no longer establishes probable cause of a crime to search a vehicle,” whether it’s burnt or unburnt. There are exceptions to the rule if a person driving a car is observed to be impaired and “there is probable cause to believe that the vehicle contains evidence of the impairing marihuana (e.g. smell of burnt marihuana or admission of having smoked recently).” Enforcement can also be taken if a person is seen consuming cannabis while driving, regardless of whether they don’t show signs of impairment. Possession of marijuana by people under 21 is also unlawful, but “under the current state of the law, there is no mechanism for the NYPD to take enforcement action against a person under 21 who possesses 3 ounces or less.” “In the future, the NYPD may have the ability to issue a civil summons for such violations,” the memo…

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Source : Cops Can’t Arrest You For Smoking Marijuana On Sidewalks, NYPD Says In Post-Legalization Memo

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