Brooklyn District Attorney Ken Thompson is warning the NYPD that his office will no longer prosecute potheads caught with — or even smoking — marijuana in public.
In a move that directly bucks the Police Department’s own policy and that of other DAs in the city, Brooklyn prosecutors will be directing cops to free the defendants, seal their cases and destroy their fingerprint file, according to a memo sent the NYPD and obtained by The Post.
“The goal of this new policy is to ensure that the resources of this office are allocated in a manner that most enhances public safety, and individuals, especially young people of color, do not become unfairly burdened and stigmatized by involvement in the criminal-justice system,” the memo states.
The memo seems to care more about the defendant and their day than about the crime.
“Even when the defendant is issued a [desk-appearance ticket] (sparing him or her the daunting holding-cell experience), that defendant still must make sure that he or she appears in court on the DAT arraignment date — a trip to the courthouse and a wait in the courtroom that may eat up most of a day,’’ the memo says.
“The defendant’s time might otherwise be spent in school, at a job, or caring for a child.”
The new policy would apply only to defendants with clean or minimal criminal records who are busted on a Class-B misdemeanor marijuana charge. This includes people busted with up to 2 ounces of pot — an amount that would cost about $900 on the street.
Prosecutors would check the criminal background of defendants after their busts and if those criteria are met, direct police to toss the cases.
The charge normally carries a penalty of up to three months in prison and a $250 fine.
A law expert said Thompson’s move is perfectly legal.
“Every elected prosecutor has discretion to decide what cases to prosecute,’’ said Bruce Green, a Fordham Law School professor.
But critics said potheads might be collared multiple times on B-misdemeanor charges with their cases tossed repeatedly — because no arrest records are being kept.
“The problem is that if someone smokes again in public, you don’t know if he had a prior record because the prior record has been destroyed,” a source said.
Mayor de Blasio said he hadn’t seen the memo but “there’s areas that need immediate reform. … I think the district attorney has some of the same concerns I have.’’
NYPD top cop Bill Bratton, who also hasn’t yet reviewed the memo, said “the [Police] Department continues to make marijuana arrests, although we’ve been reducing them and attempting to use a lot more discretion in what we do.
“That began in the previous administration and is continuing in my administration,’’ he said, referring to predecessor Ray Kelly’s directive to not arrest suspects with small amounts of marijuana unless it was in public view.“Anytime someone is using drugs it has the potential to lead to other crimes. Marijuana is a drug. I believe anyone who uses it should be arrested no matter the quantity.”
“On the issue of marijuana, it’s the department’s belief that it should not be decriminalized but the reality in our society today — there are different ways of addressing it from a law-enforcement perspective,’’ Bratton added.
Some cops were soured on Thompson’s memo.
“He can say whatever he wants to say, but the bottom line is it’s what the police commissioner says for us,’’ a police source sniffed. “If he wants us to continue to make pot arrests, then that’s what we’re going to do.
Additional reporting by Jamie Schram, Beth DeFalco and Pat Bailey