New York City may soon shed its infamous reputation as the pot bust capital of the world. Police Commissioner Ray Kelly Monday issued an internal order to the NYPD telling officers they can no longer arrest people for marijuana possession in public view if the marijuana was not in public view before officers either searched the person and produced it or the person produced it after an officer's demand that he empty his pockets.
Although New York state has decriminalized the possession of small amounts of marijuana, the NYPD has made a practice of stopping people -- mainly young people of color -- on the streets, searching them or demanding they empty their pockets, then charging them with possession in public view. Unlike simple pot possession, which is only a ticketable offense, possession in public view is an arrestable offense that typically results in a day-long stay in jail before the defendant can appear before a judge.
New York City and the NYPD have come under increasingly heat over the practice, which has resulted in tens of thousands of marijuana in public view arrests each year in recent years. The policy began under the administration of then Mayor Rudy Giuliani, but has continued under the administration of Mayor Michael Bloomberg, who famously admitted having smoked pot and enjoying it.