A coalition of 60 drug policy reform, civil rights and community organizations is calling on New York policymakers to block an attempt to make the odor of marijuana a pretext for police to force motorists to take drug tests—and it’s also pushing for policies that prioritize harm reduction, including expanded access to safe consumption sites for illegal substances.
In a message sent to Gov. Last week, Kathy Hochul, Senate Majority Leader Andrea Stewart Cousins, and Assembly Speaker Carl Heastie, all Democrats, said, that from state to federal levels, there is a “lack of investment and implementation” in programs for saving lives and a shift towards increased criminalization.
In the letter, it is stated that New York “cannot follow this course.” The letter says that the State should reject plans which would repeat the worst effects of the War on Drugs, and lead to even more overdoses.
The coalition has made a specific recommendation that legislative leaders reject Hochul’s proposal in his budget request. This would allow law enforcement to use cannabis smell as an excuse to “restart the unconstitutional profiling of motorists.”
Reform advocates, the Assembly Majority Leader and the newly appointed head of OCM (Office of Cannabis Management) have all criticised Governor’s Plan.
Hochul’s proposed budget law for transportation, environmental conservation and economic development includes the change. This adds “the smell of marijuana, burned cannabis or another drug” to the list of circumstances which are not exclusive and constitute “reasonable causes” for a motorist breaking the law.
An officer can arrest a person, test them for drugs and possibly search their vehicle.
New York Civil Liberties Union and Drug Policy Alliance are all signatories to the new letter, as well as Legal Action Center, Legal Aid Society VOCAL, NY Doctors Coalition, Legal Aid Society & Legal Aid Center.
Housing Works, New York’s first retail marijuana store for adult use, and OnPoint NYC (which operates safe consumption areas in New York City) are both signatories.
The coalition’s letter also criticizes proposals to “significantly expand the state’s schedule of controlled substances, including fentanyl-related substances” and to “enhance criminal charges related to driving by expanding the definition of ‘drug’ to mean any substance or combination of substances—cough syrup, allergy medication, prescribed medications, and even caffeine or energy drinks.”
It says that such policies “are sure to increase criminalization and incentivize an unpredictable and potent drug supply. They will exacerbate overdoses and public suffering and impose obstacles to care for Black and Brown communities who bear the brunt the crisis of overdose.”
The coalition instead urges lawmakers and the Governor to take harm-reduction measures such as expanding the drug testing services and authorizing the operation of overdose prevention centres (OPCs).
The letter states that “empirical studies and other state examples have shown it’s not only feasible to implement OPC programmes, but it’s imperative for public safety.”
OPCs provide a space of healing, community, and connection. They not only help prevent overdoses, but they also link people with wraparound services like healthcare and housing. The OPCs should be promoted and accessible statewide, in place of criminalization and with the same diligence as other important public health programs.
The letter ends with the statement: “As New Yorkers, we continue to grieve and bury loved ones in alarming rates. There is an opportunity for New York to improve countless life by implementing solutions to public health.” “We urge you to take the above steps to address the overdose crisis–the state cannot repeat the harms of the past.”
New York senators approved recently a bill that would expand the housing protections available to registered medical cannabis patients. The aim was to stop evictions because of their legal use of marijuana.
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