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ALBANY — Gov. Cuomo defended the NYPD’s controversial “stop-and-frisk” policy yesterday in pushing to decriminalize the public possession of small amounts of marijuana.
“Stop-and-frisk is a well-accepted police strategy all across the country,” the governor said in announcing his legislative proposal yesterday.
He said the bill would soften the furor over the practice, which critics say results in unfair criminal charges for individuals found to be holding small amounts of drugs after being ordered to turn out their pockets.
“There’s a blatant inconsistency. If you possess marijuana privately, it’s a violation. If you show it in public, it’s a crime,” the governor said. “It’s incongruous. It’s inconsistent the way it’s been enforced.”
Mayor Bloomberg fully embraced Cuomo’s plan and sent Police Commissioner Ray Kelly to the Capitol for the announcement as a show of support.
“The governor’s proposal today is consistent with the commissioner’s directive and strikes the right balance by ensuring that the NYPD will continue to have the tools it needs to maintain public safety, including making arrests for selling or smoking marijuana,” Bloomberg said.
Kelly last year directed police officers to issue violations — rather than make arrests on misdemeanor charges — for small amounts of marijuana that come into open view during a search.
“This law will make certain that the confusion in this situation will be eliminated,” Kelly said at the announcement.
“Better that than having New York City police officers turn a blind eye to the law.”
The state Conservative Party urged Cuomo to reconsider.
“Gov. Cuomo should be using his bully pulpit to educate every young person to the dangers of drug use,” the party said.
Senate Majority Leader Dean Skelos and other Republicans, many who rely on Conservative endorsements, were absent from Cuomo’s announcement.
A spokesman for Skelos (R-LI) said the lawmaker will have to review the bill.
Cuomo claimed Skelos is “sympathetic to the problem.”
Private possession of marijuana is considered a violation, while public possession is a misdemeanor, carrying possible jail time and a criminal record.
The governor said creating parity between public and private possession of less than 25 grams of marijuana “will actually help with the stop-and-frisk situation.”
Smoking pot in public will remain a misdemeanor.
Assembly Speaker Sheldon Silver (D-Manhattan) joined in support of the proposal.
Cuomo’s counsel said Connecticut, Massachusetts, California and Ohio treat private and public possession as the same.
Cuomo cited support for his bill from all five city district attorneys and Police Benevolent Association President Patrick Lynch among others.
“It’s a simple and fair change that will help us redirect our resources to more serious crimes,” said Manhattan District Attorney Cy Vance Jr. “Frankly, it’s the right thing to do.”