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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Vermont is the latest state to legalize marijuana dispensaries, passing the legislation with bi-partisan support earlier this month.  Governor Peter Shumlin signed the bill on June 2, despite pressure from the federal government to not pass the controversial legislation.

S. 17 permits up to four medi-pot dispensaries to be established in Vermont, making the Green Mountain State the eighth in the nation to legalize dispensaries.  Maine, Rhode Island, Colorado, New Mexico, New Jersey, Delaware and Arizona all allow dispensaries. Vermont already allows patients and/or caregivers to grow pot, but added the dispensaries for those unable to grow the drug for themselves. Nationwide, 15 states and the District of Columbia allow the medical use of marijuana.

The Vermont Department of Public Safety will oversee the application process and conduct background checks of viable candidates applying to establish one of the four dispensaries. The department is expected to issue licenses for the state dispensaries within a year. Dispensaries will be permitted to grow 28 mature plants, 98 immature plants and possess 28 ounces of usable medicine. Dispensaries with more than 14 patients can grow two mature plants and seven immature plants and possess two ounces of medi-pot for each patient.

Last month, U.S. attorney for Vermont, Tristram J. Coffin, sent letters to state lawmakers warning them against voting for S. 17.  His threat did not stop the bill from passing with bi-partisan support. Gov. Shumlin signed the bill the same day that U.S. Attorney General Eric Holder was in Rhode Island promising that the U.S. Justice Department will work with governors in states that have legalized medical marijuana in order to reach a “satisfactory solution” in establishing medical marijuana dispensaries and to reach “clarification” on the issue “sooner rather than later.”

Bianca Slota, spokeswoman for Shumlin, said the governor does not minimize the threat from Coffin but he still feels that patients need safe places to buy marijuana to cope with medical ailments.“Obviously, it gives us something to think about,” she said. “We are not brushing [Coffin’s letter] aside, but it’s going to be a year before the dispensaries open. We will have to see what happens at the federal level.”

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