New York Governor Andrew Cuomo has announced his support for legalizing small amounts of marijuana. This decision comes only two months after he denied legalizing medical marijuana. His reasoning is not because he has changed his opinion about the drug itself but because he believes one of the biggest problems for police and prosecutors is that the laws are inconsistent and police officers are wasting their time arresting people for small amounts of cannabis. The greatest challenge in creating and passing this legislation will be the Republican majority in the New York Senate.

Beginning in 1977 the New York law stated that carrying twenty-five grams or less of marijuana is not a violation as long as the individual is a first-time offender. However, having the drug out in public is still a crime, including if it is removed from a pocket during a police search. By decriminalizing small amounts individuals will be able to possess these amounts, even if they are searched by the police. The maximum penalty would be a $100 fine.

In 2011 there were 50,000 arrests made in New York for twenty-five grams or less of marijuana. According to Cuomo this is costly for the taxpayer. Manhattan District Attorney Cyrus R. Vance Jr. also points out that there is a great human cost too. “The human costs to each defendant charged with a misdemeanor are serious. The simple and fair change proposed by Governor Cuomo will help us redirect significant resources to the most violent criminals and serious crime problems, and, frankly, it is the right thing to do.”

The change in policy on marijuana will also alleviate some of the charges that New York’s laws are racially prejudiced. Eighty-two percent of those arrested in 2011 for small amounts of marijuana were black or Hispanic. Many believe that this statistic demonstrates how the current marijuana policy in tandem with the New York ‘stop-and-frisk’ law are racially biased and demonstrates that police are racially profiling individuals.

New York City prosecutors and the Police Commissioner Raymond Kelly support Cuomo’s declaration. Cuomo’s proposal is very similar to a directive Mayor Bloomberg has given to the New York Police Department.

Other states are also attempting to change their policies on marijuana. Colorado will have legalization as a ballot initiative in November. Rhode Island will be discussing a bill similar to that suggested by Cuomo. The main difference between what Cuomo has proposed and what Rhode Island will try to pass is that Rhode Island would require minors found in possession of the drug to complete a drug awareness program and community service.

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On April 16, 2012, New Jersey issued its first permit to grow medical marijuana legally to Greenleaf Compassion Center in Montclair. This is their first step toward enacting medical marijuana distribution centers.

Greenleaf can begin to grow their first crop, which can take around three to four months, but they still face another obstacle before the full plan can be put underway.  The center needs another permit before it may begin distributing to patients.

New Jersey is one of 16 states, plus the District of Columbia, that has laws involving medical marijuana. An additional 12 states have pending legislation to legalize marijuana.  In New Jersey, marijuana is approved for a number of chronic conditions, including seizure disorders, severe pain, cancer, and inflammatory bowel disease. Other states identify similar diseases, but vary in their laws for growing and distribution.

The New Jersey law, New Jersey Compassionate Use Medical Marijuana Act, was signed two years ago by Governor Jon Corzine, but the law has yet to move forward.  Greenleaf Compassion Center, with its CEO Joe Stevens, wrote a letter one month ago to the governor accusing him of purposefully delaying distribution unnecessarily.

According to the Star Ledger, Stevens had a verbal promise from John O’Brien, Jr., head of the legalization program, to begin growing under a preliminary permit.  The promise was later retracted and, to Stevens’ frustration, halted the implement of distribution centers once more.

Following this, a local doctor and his patient, who have been waiting for the centers to become active, sued the state for causing undue suffering to patients by purposefully dragging its feet to delay the program. Despite skepticism, Governor Chris Christie asserts that he is not against the law. However, the first permit was issued only a week after these events took place with no ‘preliminary permit’ needed.

As of now, the problem lies in individual governments that delay the placement of a distribution center in their town. According to NJ.com, Christie said, ‘If individual municipalities do not want an alternative treatment center in their town, I cannot force them to take one.”

There is also some miscommunication between the distribution centers and the government. According to spokesperson of the New Jersey health department, Donna Leusner, in an article on NJ.com, officials are trying to find a balance between ‘public safety and access for qualified patients.’

Some opponents, such as the state Fraternal Order of Police, believe that the care centers will send the wrong message to youths and become central crime hubs.  Supporters are happy to finally see legal rights for natural pain treatment, and many patients eagerly await the substance that could take their pain away.

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