Friday, September 8, 2017
Manhattan District Attorney Cyrus Vance, Jr., has announced new sentencing guidelines in low-level marijuana possession cases. As reported in an article in PoliticoNewYork, the change will be an encouraging step for supporters of immigrant rights and recreational marijuana use.
The new approach is expected to help some immigrants avoid penalties that could lead to deportation and comes amid backlash from municipalities and states over President Donald Trump's immigration policies — specifically the use of courts to identify and deport undocumented immigrants. Vance announced that his office is also working on a policy, to be implemented in the spring, to end prosecutions for low-level drug possession.
The sentencing guidelines for marijuana possession in the Manhattan DA's office previously offered a 12-month "adjournment in contemplation of dismissal" — or ACD — on the first offense, where the case is adjourned for 12 months and then dismissed and sealed if the defendant isn’t arrested again.
On a second offense, the previous guidelines allowed for the defendant to plea to either a marijuana violation or a disorderly conduct violation.
Now the Manhattan DA will offer an ACD for three months for the first offense and an ACD for six months for the second offense.
Vance explained the decision in a statement saying that a year is too long to have an open criminal case for a low-level, non-violent offense because it is publicly searchable online and can interfere with applications for college financial aid, housing or a job.
The city expects that some 4,100 individuals a year will be affected by the change. The program is set to being in the Spring of 2018. Proponents expect that it will mean fewer deportations for low-level possession.
-- Clarissa Dauphin