NYPD flip-flop on marijuana testing raises concerns cops may have lit up
The New York Constabulary Department (NYPD) on Thursday sent a memo to officers updating them on new policies for marijuana after the governor signed a legalization pecker into police force this week.
Among other changes, police can no longer abort adults 21 and older for but using marijuana in places where smoking tobacco is permitted—and that includes "on sidewalks, on front stoops and other public places," the document states. "Every bit a upshot, smoking marihuana in any of these locations is not a ground for an arroyo, finish, summons, arrest or search."
Equally prescribed under the police, adults tin can now possess up to three ounces of cannabis and also gift marijuana to other adults "so long equally no bounty is exchanged," NYPD said. Home cultivation will eventually be legal as well, but non until regulators issued rules allowing it.
The department clarified that nobody, regardless of historic period, can bulldoze while impaired from cannabis. However, "the smell of marihuana alone no longer establishes probable cause of a offense 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 dumb and "there is probable cause to believe that the vehicle contains evidence of the impairing marihuana (e.g. odour of burnt marihuana or admission of having smoked recently)." Enforcement can besides be taken if a person is seen consuming cannabis while driving, regardless of whether they don't show signs of impairment.
Possession of marijuana past people under 21 is also unlawful, but "under the current land of the constabulary, there is no mechanism for the NYPD to take enforcement action against a person under 21 who possesses iii ounces or less."
"In the future, the NYPD may take the ability to event a civil summons for such violations," the memo says. "Until that time, possession of 3 ounces or less by a person under 21 cannot be the basis of an approach, stop, summons, juvenile study or arrest. Possession by individuals under 21 of more than 3 ounces is enforceable."
Another significant policy change concerns people on parole, who are now "permitted to use marihuana unless the terms of their parole specifically prohibit it."
"This means that [members of service] may not approach, stop or detain a parolee based on their utilize or possession of lawful amounts of marihuana (3 oz or less)," the memo, which was first reported by CNN, says. "If MOS observe a person known to the Department, whose terms of parole practise prohibit possessing or smoking marihuana, MOS should notify the relevant parole officers."
The department also noted that the land Office of Cannabis Direction, which was established under the legalization mensurate and now has a website that launched on Friday, volition be creating regulations assuasive adults to cultivate marijuana for personal use.
While information technology'due south not currently legal to grow plants until those rules are created, one time they have event, "individuals 21 or older will exist permitted to abound a maximum of 6 plants at their home (3 mature and 3 immature)," and each household "is permitted to have no more than 12 plants regardless of how many individuals 21 or older live in that home."
Read NYPD's memo on the marijuana policy changes below:
NYPD marijuana memo by Marijuana Moment
Colorado Is Auctioning Marijuana-Themed License Plates To Heighten Coin For People With Disabilities
Photo courtesy of Martin Alonso.
Source: https://www.marijuanamoment.net/cops-cant-arrest-you-for-smoking-marijuana-on-sidewalks-nypd-says-in-post-legalization-memo/
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