Katelyn Baker
Well-Known Member
Starting Wednesday (June 22), simple possession of marijuana in New Orleans will carry far less consequences for repeat offenders. Police have been able since 2010 to issue a court summons to someone caught for the first time when the city first eased its drug laws. Now that option will extend to subsequent offenses.
The City Council approved an ordinance in March that gives New Orleans police greater latitude on pot possession. They are attempting to help police spend less time on minor crimes and keep low-level offenders out of the city's jail.
Superintendent Michael Harrison explained Monday (June 20) how his officers will enforce the new standards to members of the City Council Criminal Justice Committee. The new law applies to anyone over age 17 holding less than 2.5 pounds of marijuana. It will be at the discretion of the police officer to determine whether the pot is for personal use or if the suspect intended to distribute it.
If a suspect is arrested on a state possession charge, they will answer to it in state court - not municipal court, where city possession summonses are handled. The changes don't apply to possession or multiple offenses involving synthetic marijuana and cannabinoids, which must be charged under state law.
NOPD officers will not have to administer a field test to confirm a substance is marijuana in order to issue a summons. State law requires such as a test.
Harrison and NOPD Deputy Chief Paul Noel said officers have been trained on the new policy, and they are already familiar with issuing summonses.
Councilwoman Susan Guidry authored the new rules and chairs the Criminal Justice Committee. She stressed to Harrison the need to document possession summonses to determine whether police are exercising discretion when available and to see if the policy is applied evenly based on race and geography. Municipal court records provide much of that information, but Guidry requested the NOPD track summons issued by police district.
Harrison told the committee police have issued summonses for first-offense possession about 75 percent of the time since it was given the option five years ago.
According to numbers in the ordinance the City Council approved in March, there were almost 5,000 fewer arrests and summonses for marijuana possession in New Orleans from 2011 to 2014 -- a 31 percent decrease compared with data from 2007 to 2010. Discretion was applied in issuing summonses to black and white suspects over the four-year period. The rate for African Americans was 69 percent, compared with 68 percent for whites.
The ordinance taking effect Wednesday also establishes a fine structure for possession: $40 for a first offense, $60 for second, $80 for third, and $100 for fourth and beyond.
When Guidry asked why the softer rules don't apply to juveniles, Harrison said it was because state law forbids police from issuing a summons to appear in court to minor without consent from a parent. Guidry said a city ordinance from the 1950s gives police authority to give a juvenile a citation, which doesn't compel the suspect to show up at court. Her staff is looking into whether that law could be updated to include summonses for marijuana possession, she said.
Police will still need to dispose of any marijuana seized as soon as possible after they issue a summons for possession. Councilman Jason Williams asked whether a locked "dropbox" could be installed in units to save police time, but Harrison said it was important to place the pot into evidence to protect the rights of the accused.
Harrison made it a point to say making fewer arrests for marijuana possession won't free up significant NOPD manpower, but it will save officers time during their shifts.
"I don't want to give anyone false hope," the chief said.
It wasn't made clear at Monday's committee meeting whether the Louisiana State Police troopers who patrol New Orleans would adhere to the looser city standards on pot possession or follow state law, which requires arrest. There was no immediate response to a request for comment from State Police.
Harrison's presentation on the new marijuana ordinance came just ahead of an update to council members on attempts to improve the NOPD's response time to service calls. He said there has been a 42 percent decrease in response times to semi-urgent "Code 2" calls since October 2015, with service provided with an average of less than 13 minutes.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: New Orleans Softens Marijuana Possession Laws Starting This Week
Author: Greg LaRose
Photo Credit: None Found
Website: Nola
The City Council approved an ordinance in March that gives New Orleans police greater latitude on pot possession. They are attempting to help police spend less time on minor crimes and keep low-level offenders out of the city's jail.
Superintendent Michael Harrison explained Monday (June 20) how his officers will enforce the new standards to members of the City Council Criminal Justice Committee. The new law applies to anyone over age 17 holding less than 2.5 pounds of marijuana. It will be at the discretion of the police officer to determine whether the pot is for personal use or if the suspect intended to distribute it.
If a suspect is arrested on a state possession charge, they will answer to it in state court - not municipal court, where city possession summonses are handled. The changes don't apply to possession or multiple offenses involving synthetic marijuana and cannabinoids, which must be charged under state law.
NOPD officers will not have to administer a field test to confirm a substance is marijuana in order to issue a summons. State law requires such as a test.
Harrison and NOPD Deputy Chief Paul Noel said officers have been trained on the new policy, and they are already familiar with issuing summonses.
Councilwoman Susan Guidry authored the new rules and chairs the Criminal Justice Committee. She stressed to Harrison the need to document possession summonses to determine whether police are exercising discretion when available and to see if the policy is applied evenly based on race and geography. Municipal court records provide much of that information, but Guidry requested the NOPD track summons issued by police district.
Harrison told the committee police have issued summonses for first-offense possession about 75 percent of the time since it was given the option five years ago.
According to numbers in the ordinance the City Council approved in March, there were almost 5,000 fewer arrests and summonses for marijuana possession in New Orleans from 2011 to 2014 -- a 31 percent decrease compared with data from 2007 to 2010. Discretion was applied in issuing summonses to black and white suspects over the four-year period. The rate for African Americans was 69 percent, compared with 68 percent for whites.
The ordinance taking effect Wednesday also establishes a fine structure for possession: $40 for a first offense, $60 for second, $80 for third, and $100 for fourth and beyond.
When Guidry asked why the softer rules don't apply to juveniles, Harrison said it was because state law forbids police from issuing a summons to appear in court to minor without consent from a parent. Guidry said a city ordinance from the 1950s gives police authority to give a juvenile a citation, which doesn't compel the suspect to show up at court. Her staff is looking into whether that law could be updated to include summonses for marijuana possession, she said.
Police will still need to dispose of any marijuana seized as soon as possible after they issue a summons for possession. Councilman Jason Williams asked whether a locked "dropbox" could be installed in units to save police time, but Harrison said it was important to place the pot into evidence to protect the rights of the accused.
Harrison made it a point to say making fewer arrests for marijuana possession won't free up significant NOPD manpower, but it will save officers time during their shifts.
"I don't want to give anyone false hope," the chief said.
It wasn't made clear at Monday's committee meeting whether the Louisiana State Police troopers who patrol New Orleans would adhere to the looser city standards on pot possession or follow state law, which requires arrest. There was no immediate response to a request for comment from State Police.
Harrison's presentation on the new marijuana ordinance came just ahead of an update to council members on attempts to improve the NOPD's response time to service calls. He said there has been a 42 percent decrease in response times to semi-urgent "Code 2" calls since October 2015, with service provided with an average of less than 13 minutes.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: New Orleans Softens Marijuana Possession Laws Starting This Week
Author: Greg LaRose
Photo Credit: None Found
Website: Nola
