Assemblyman Fred W. Thiele, Jr. (I, D, WF, REF - Sag Harbor) announced that he helped pass legislation that allows for the expungement of certain marijuana convictions and eliminates the “public view” statute that has allowed New Yorkers to be charged with misdemeanor possession, regardless of the quantity possessed (A.8420-A).

“Using and possessing marijuana, something that’s legal now in 11 states, shouldn’t result in devastating, life-changing consequences,” said Assemblyman Thiele. “This legislation will help right this wrong, ending the ‘public view’ loophole and allowing these minor convictions to be expunged – so that New Yorkers who were unfairly targeted have a chance to take back their futures.”

The consequences of an arrest, even for minor possession, can be lifelong and devastating. Those arrested can lose their housing, job or even custody of their children, and may be ineligible for student loans and certain professional licenses.[1] Their record can follow them for the rest of their lives, upending their chances of a good job and economic security, noted Assemblyman Thiele. Several district attorneys throughout the state have also recently declared that they’d stop prosecuting low-level marijuana cases, further highlighting that New York law is outdated and unjust.[2]^,[3],[4]

In addition to allowing the expungement of certain marijuana convictions and repealing the public view provision, the legislation would reduce the maximum fine for minor possession – under 1 ounce – from $100 to no more than $50. Possession of between 1 and 2 ounces would no longer be a Class B misdemeanor but rather a violation and could result in a fine of no more than $200. For any previous marijuana convictions that would now be considered a violation, the charges would be vacated and dismissed and the record of the proceedings would be expunged. Individuals already facing certain low-level marijuana conviction cases could request to have them set aside. The measure also requires that the Office of Court Administration, in conjunction with the Division of Criminal Justice Services, develop a public information campaign through its website, public service announcements and other means, in multiple languages and through multiple outlets, concerning the expungement of these records. The measure would also prohibit prosecutors from offering plea deals that require a defendant charged with misdemeanor possession to waive eligibility for sealing, and add marijuana to the definition of smoking in the Public Health Law, applying restrictions on tobacco smoking to marijuana as well.

[1] drugpolicy.org/sites/default/files/DPA_Fact%20sheet_Harms%20of%20Marijuana%20Criminalization_%28Feb.%202016%29.pdf

[2] timesunion.com/news/article/Soares-weighs-whether-to-end-prosecution-of-13394485.php

[3] wnyc.org/story/manhattan-das-office-will-no-longer-prosecute-marijuana-arrests

[4] whec.com/news/da-sandra-doorley-will-not-prosecute-low-level-marijuana-offenses/5394441/