Currently, in New York, possession of less than twenty-five grams is not a crime unless you are caught lighting up in public or, in the language of the law, the drug is “open to public view.” A beat cop on foot patrol, instructed to enact the policy, may approach a person he deems to be suspicious. He orders the suspect to empty the contents of his pockets, which may contain a couple of grams of pot. The suspect has now publicly displayed the drug and is arrested according to the letter of the law. Black and Hispanic men make up 86 percent of these busts.
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I saw for myself some of the effects of these low-level arrests during an unplanned visit I made, in July 2013, to the “Tombs”
—the windowless holding pens in the basement of the 100 Centre Street courthouse in Manhattan. I counted four white men out of hundreds of prisoners who were waiting to be arraigned. One was there for allegedly slugging his girlfriend, another for buying cocaine in an upscale night club. The other two were accused of driving while intoxicated. (I was one of the latter; the charges against me were eventually dismissed.)
This was a large summer weekend crowd, men tightly crammed in the cells, agitating for a few inches of bench space. A neatly dressed seventeen-year-old boy had staked out a spot on the floor, where he sat with his head between his knees in what appeared to be a state of silent despair. The single overflowing toilet that served the thirty or forty men in the cell seemed to bring him close to tears.
The boy had made the mistake of asking a rider who was exiting a subway station to swipe him through with her MetroCard. “I was thirty-three cents short for a single fare,” he told me. He neither jumped the turnstile nor harassed the woman, who obligingly swiped him through. A policeman witnessed the exchange, arrested the boy, and let the woman off with a stern warning, though what law she had broken is unclear. The policeman now had cause to search the kid and found the remnants of a joint in his pocket
—crumbs of pot. Though he had no prior arrests, he was now facing two charges: marijuana possession and theft of services, a class A misdemeanor punishable by up to a year in jail. He wouldn’t do time, most likely, beyond his current incarceration, but he feared, with good reason, that the financial aid a college in Pennsylvania had granted him for his freshman year would be rescinded.
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