The NYPD has told police how to enforce the state’s new marijuana legislation – which includes allowing adults to burn in public, ignoring weed exchanges unless money is involved and banning the search for vehicles based on odor alone. .
A four-page memorandum also states that police cannot approach, stop or detain a parolee because he smokes or owns a pot, even if they know the former fellow human being is not getting high.
Instead, they must ‘notify the parole officers concerned’ to enforce the conditions under which the jailbird was released from prison.
The memo says the “drastic changes” in enforcement are the result of Governor Andrew Cuomo signing a bill that would legalize the use of recreation, sales and weed growth.
It was issued hours after Cuomo signed the measure Wednesday morning.
Specific guidance in the memo tells police that people 21 and older are legally allowed to smoke weed “almost anywhere cigarette smoke is allowed, including on sidewalks, front seats and other public places.”
It is noted that flaming away “in none of these places is a basis for an approach, stop, summons, arrest or search.”
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The memo also states that people cannot be charged for the sale of pots “unless they receive compensation” and that a “hand-to-hand exchange of legal amounts … without compensation to a person of 21 years or older, is not considered a sale. “
In addition, the smell of both ‘burnt and unburned’ weeds alone is no longer a probable cause of a crime to search a vehicle, ‘reads the memo.
If a driver looks wasted and smells weed or admits to having recently smoked, the police may search the passenger compartment in the vehicle, but ‘the trunk may not be searched unless the officer has separate possible causes to believe that the trunk contains evidence of a crime (eg rifle found under driver’s seat). “
A NYPD source said the new, legal drug law could be disastrous for public safety. We always say ‘Drug is equal to guns’. If you smell weeds, you can take out a car. Now you can not deduct it, ‘said the police.
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“It’s bad, especially with all the violent violence.”
Some provisions of the new law came into effect immediately, including the provisions that allow people 21 years and older to smoke and own up to three ounces of pot in public.
Police will not be allowed to take care of themselves, the NYPD said in a statement.
NEW YORK, NEW YORK – MARCH 25: NYPD officers wear masks on March 25, 2021 in Times Square in New York City. (Photo by Roy Rochlin / Getty Images)
“Rules for using marijuana for NYPD members have not changed,” they said.
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Others that would later regulate the sale of licensed pharmacies and grow adults to as many as 12 potted plants per household and keep a five-pound supply at home would be phased in later.
Five pounds of weed is enough to roll more than 3,330 joints, based on data from a 2010 study, “Quantifying and Comparing Marijuana Smoking Practices: Blunts, Joints and Pipes,” published in the medical journal Drug and Alcohol Dependence .
Additional reporting by Bernadette Hogan.
This report originally appeared in the New York Post.