The New York Police Department (NYPD) sent a memo to officers updating them on new cannabis policies after the state legalized recreational cannabis.
Under the new law, officers can no longer arrest adults aged 21 or older for consuming cannabis in places where smoking tobacco is legal, including sidewalks, front stoops and other public places. Adults are allowed to possess up to three ounces of cannabis and can gift it to other adults as long as there is no form of compensation given. Possession by anyone under 21 is unlawful, but NYPD has no current way to enforce or punish it.
“In the future, the NYPD may have the ability to issue a civil summons for such violations,” the memo says. “Until that time, possession of three ounces or less by a person under 21 cannot be the basis of an approach, stop, summons, juvenile report or arrest. Possession by individuals under 21 of more than three ounces is enforceable.”
Officers were also notified that they are not allowed to search a vehicle due to the smell of cannabis alone. The department clarified that no one can drive while under the influence of cannabis, and that a person can only be pulled over if they show signs of impairment while driving and probable cause that the vehicle contains evidence of cannabis, aside from simply an assumed smell. Police officers can also pull someone over if they are seen using cannabis while driving, regardless of whether they show signs of impairment or not.
Another part of the memo states officers are not allowed to stop or detain a parolee based on the possession or use of cannabis, even if the officer knows the person is not allowed to use cannabis. Officers were advised to notify the relevant parole officers for enforcement.
