Possessing marijuana in New York remains unlawful. What has changed in recent days, under new legislation, is the outcome. The change deals with how much you can possess before it becomes a 'crime.' Lawmakers in Albany still have work to do.
First, let's understand terminology. Unlawful possession of marijuana is a violation offense-it is not a crime. Alfred Police Chief Paul Griffith says "a lot of people think if you are arrested, you are arraigned and put in jail." In fact, he says, "when we charge someone with unlawful possession of marijuana, UPM, it is a violation offense. You are still arrested...when we write a ticket (for UPM), you're not free to leave. It's not a crime - those are misdemeanor and felony offenses." The chief points out that violation offenses are not 'record-bearing' offenses, meaning they will not appear in a criminal history search." He said you are not fingerprinted or photographed, yet, you are still placed under arrest. You will be ordered to appear in court. He admits that a speeding ticket is actually far worse than a UPM arrest - yet, it is still an arrest. Griffith said today that "it is still illegal to have (marijuana), and we write a lot of violations - so now you can have more (marijuana) and it's still a violation arrest." The police chief, whose district includes both Alfred State College and Alfred University, said his officers will continue to make marijuana arrests. Griffith says "it is a big deal for college students because it is considered a drug offense (by colleges and university's) and can affect financial aid." Griffith said "the biggest change I saw (in the new law) was the amount...that used to be a misdemeanor (crime) is now a violation."
