Tag: New York

More Than 3,000 Open Marijuana Cases To Be Dismissed In New York

The legal move stops short of expunging the pot-related cases.

In what’s been described as an action “in the interest of justice,” Manhattan District Attorney Cyrus Vance has vacated more than 3,000 outstanding warrants for cannabis consumption and possession, some of which date back to 1978.

The decision will only impact misdemeanor and violation cases where a warrant was issued because the defendant did not appear in court. Vance announced the “decline to prosecute” policy for possession and smoking cases in late July, with the goal of reducing such prosecutions to fewer than 200 per year.

Vance dropped 3,042 open cases of marijuana possession—but as High Times noted, this stops short of expunging these cases.

Vance’s decision applies only to open cases where misdemeanor possession or use was the “only remaining charge,” and the defendant did not appear in court. It does not apply to sale or distribution cases, or any case in which the defendant was convicted.

Still, the dismissal of these cases would have several positive outcomes: it supports the implementation of new policy for the NYPD regarding misdemeanor marijuana cases, which has shifted from arrests to court summonses (or “weed tickets), which went into effect this month.

It also seeks to address what Vance described as “decades of racial disparities behind the enforcement of marijuana in New York City.”

According to his office, 79% of the dropped cases involve individuals of color, and nearly half of those were 25 years of age or younger at the time of their arrest.

Additionally, it may remove some of the obstacles that individuals with open warrants may face, such as applying for jobs or housing. Background checks in both cases may reveal an open warrant and impact the individual’s chances, and may even affect applications for citizenship.

“By vacating these warrants, we are preventing unnecessary future interactions with the criminal justice system,” said Vance at a press conference after declaring his motion. “We made the decision that it is really in the interest of justice.”

The move is also in the interest of freeing up what Vance called the “burden” of backlogged cases that drain resources his office needs for more serious charges.

In July, Vance said that the policy was expected to reduce marijuana prosecutions in Manhattan from approximately 5,000 per year to fewer than 200—a reduction of 96%.

View the original article at thefix.com

21 September 2018
Surge In K2 Overdoses Worries Brooklyn's Community Leaders

“We’ve seen this area be an epicenter for K2. Whether it’s a bodega or whether it’s a crime syndicate. It will not be allowed in this community.”

After five individuals were hospitalized in the same evening for allegedly overdosing on synthetic marijuana community leaders and law enforcement in Brooklyn, New York announced a call for action to rein in the borough’s ongoing problems with use of the drug.

Representatives from the City Council praised efforts by the New York Police Department (NYPD) for focusing their efforts on distribution rather than users, which has resulted in the closure of several bodegas that sell the drug – also known as spice or K2 – but noted that greater efforts to provide education, fair housing and treatment could make more lasting changes.

The overdoses that prompted the community response all took place in the morning of September 8, 2018, when five men overdosed on the same corner in the Bushwick neighborhood – an area dubbed “Zombieland” by residents because of the high incidence of K2 use there.

All five individuals, whom neighbors said had used synthetic marijuana, were listed in stable condition after being hospitalized; more than 100 people overdosed in a single weekend at that corner in May of 2018.

Speaking on September 10, 2018 in front of a bodega that had been closed by NYPD for selling synthetic marijuana, City Council member Robert Cornegy told the assembled crowd that while police efforts have curbed the availability of the drug and reduced the sheer number of overdoses, five was still a “horrible number,” as High Times noted, and that more work was necessary to combat the K2 problem.

“We’ve seen this area be an epicenter for K2,” he said. “Whether it’s a bodega, whether it’s an individual or whether it’s a crime syndicate. It will not be allowed in this community.”

Cornegy voiced appreciation for the collaborative efforts between community leaders, local officials and the police, which he said was the “first time” all three groups had worked together on such a borough-wide issue. He also expressed gratitude for police efforts to halt the spread of K2 by targeting bodegas that sold the drug, and for focusing their efforts on distributors instead of those who use it.

Information and increased resources were cited as a possible means of breaking the cycle of K2 abuse in Brooklyn. “Until we have an education system that allows people to achieve the highest in education, and where they can feel comfortable in affordable housing, you are going to have this kind of behavior,” Cornegy told the crowd.

View the original article at thefix.com

14 September 2018
New York Sues Purdue Pharma Over Opioid Marketing

New York plans to work with other states that are investigating opioid manufacturers and distributors in the US.

This week, New York became the 27th state to sue Purdue Pharma, a producer of OxyContin, for alleged fraud and deception in its marketing of opioids.

The Wall Street Journal reported that Purdue is the only defendant listed in the lawsuit, driven by the administration under Governor Andrew Cuomo and New York Attorney General Barbara Underwood.

The complaint was filed in Suffolk County Supreme Court and charged that a community flooded with opioids has been devastated while Purdue has increased profits and prescriptions.

The suit charges that as of 2016, over 75% of New York’s opioid overdose deaths were caused by painkillers which include Purdue’s product, OxyContin.

Governor Cuomo was quoted in Insurance Journal as saying, “The opioid epidemic was manufactured by unscrupulous distributors who developed a $400 billion industry pumping human misery into our communities. This lawsuit sends a clear message (to those) who mislead the public to increase their profit margins that we will hold you accountable.”

Purdue released a response which called New York’s allegations false, while citing that the company also shares the state’s concerns about the opioid crisis.

Purdue noted that the U.S. Food and Drug Administration (FDA) “continues to approve” of scientific and medical information it provides to physicians.

In the suit, New York is seeking civil fines to be levied against Purdue. The state asks to recoup profits the drug company has made and pay fines for what they allege in the Insurance Journal is “criminal nuisance.”

In 2007, Purdue and three executives pleaded guilty to misbranding OxyContin. The company was charged with $634.5 million after a U.S. Department of Justice investigation.

The New York lawsuit against Purdue is part of a trend; a number of U.S. states are suing opioid makers and distributors over opioid marketing.

New York joined 26 other states, and Puerto Rico, in suing Purdue over their allegedly deceptive opioid marketing practices and the resulting health crisis.

Cuomo released a statement published in the Wall Street Journal that the country is fed up with the practice of pharmaceutical companies purposefully creating addiction for the purpose of profit.

Barbara Underwood in the Wall Street Journal said that the complaint is only New York’s first step toward holding pharmaceutical companies responsible. “Our work won’t stop with this lawsuit,” she said.

New York plans to work with other states to investigate United States opioid manufacturers and distributors.

View the original article at thefix.com

17 August 2018
New York Moves To Replace Opioids With Medical Marijuana

Opioid use disorder has been added to the list of qualifying conditions that medical cannabis can be used to treat in the state.

Officials in New York have changed medical marijuana policy in order to make it easier for patients to access medical cannabis in lieu of opioids, and have added opioid use disorder to the list of qualifying conditions that medical cannabis can be used to treat.

The New York Department of Health announced the expansion on July 12. Under the emergency regulations, any condition that could be prescribed an opioid is now a qualifying condition for medical marijuana.

“Effective immediately, registered practitioners may certify patients to use medical marijuana as a replacement for opioids, provided that the precise underlying condition for which an opioid would otherwise be prescribed is stated on the patient’s certification,” the state’s press release said. “This allows patients with severe pain that doesn’t meet the definition of chronic pain to use medical marijuana as a replacement for opioids.”

The expansion also allows people who are being treated for opioid use disorder in a qualified treatment setting to be issued a medical marijuana license to use cannabis as a replacement for opioids.

Only 12 other medical conditions are currently listed as qualifying conditions for medical cannabis, so the expansion could have a significant effect on New York’s medical marijuana system. At the time of the announcement, just over 62,000 New Yorkers had a medical marijuana license, according to the health department.

Lawmakers hope that by expanding access to medical marijuana, they can reduce the number of opioids prescribed in the state.

“Medical marijuana has been shown to be an effective treatment for pain that may also reduce the chance of opioid dependence,” said New York State Health Commissioner Dr. Howard Zucker. “Adding opioid replacement as a qualifying condition for medical marijuana offers providers another treatment option, which is a critical step in combatting the deadly opioid epidemic affecting people across the state.”

Additional changes will make it easier for people to access medical cannabis after they are approved for the program. Lawmakers hope that this will help reduce overdose deaths from opioids.

“I have been strongly advocating to remove barriers and allow the use of medical marijuana as an alternative to opioids because it will help patients, reduce the number of highly addictive opioids in circulation, and ultimately, it will save lives,” state Senator George Amedore, co-chair of the Senate Task Force on Heroin and Opioid Addiction said in a June press release.

“We continue to be faced with an opioid epidemic that is devastating communities throughout our state. It’s important we continue to do everything possible to address this issue from all sides, so I’m glad the Department of Health is taking this measure that will help high risk patients, as well as those that are struggling with, or have overcome, addiction.”

View the original article at thefix.com

7 August 2018
New York Takes Big Step Towards Legalizing Recreational Marijuana

Governor Cuomo’s big move could pave the way for New York to become the 10th US state to legalize recreational marijuana.

Governor Andrew Cuomo made a big step towards legalizing marijuana for adult use on Thursday as he pulled together a group to write the bill, Vox reports.

The proposal is based on the recommendations of New York’s Department of Health regarding the legalization and regulation of marijuana.

“As we work to implement the report’s recommendations through legislation, we must thoroughly consider all aspects of a regulated marijuana program, including its impact on public health, criminal justice and State revenue, and mitigate any potential risks associated with it,” wrote Cuomo in a statement.

Heading up the group writing the bill is Alphonso David, counsel to the governor, who is getting feedback from officials as well as a panel including public safety, public health, and economic experts. If the state’s legislature is satisfied with the resulting bill, they will sign it into law and make New York officially the tenth state to legalize recreational marijuana.

Cuomo’s proposal is a welcome one to the New York Health Department. In a 75-page report, the department concluded that legalization would be a net positive.

“Numerous [New York state] agencies and subject matter experts in the fields of public health, mental health, substance use, public safety, transportation, and economics worked in developing this assessment,” officials wrote in the report. “No insurmountable obstacles to regulation of marijuana were raised.”

The report also backed up key points that marijuana legalization advocates have extolled for decades: the criminalization of marijuana has done nothing to stem its use, marijuana law disproportionately targets “low-income communities of color,” and that the state would not only be able to protect consumers with regulations but reap huge tax revenues as well. The report estimates this amount to be anywhere from $248.1 million to $677.7 million a year.

However, the report also makes sure to mention the precautions the state should take in legalizing, including remaining vigilant of the effects of usage among its citizens.

“A regulated marijuana program should monitor and document patterns of use to evaluate the impact of legalization on use,” the report outlined.

It also warned of the risks of marijuana, including addiction and driving while impaired.

View the original article at thefix.com

6 August 2018
Chuck Schumer: Feds Playing Yo-Yo With Funds To Fight Opioid Crisis

Senator Schumer is pushing for the CDC to reconsider its decision to pull anti-opioid funding from New York City.

Senator Chuck Schumer of New York is unhappy with a recent decision from the Centers for Disease Control and Prevention (CDC).

Schumer says that last year, he added $350 million to a budget designed for the CDC to allocate funding to large cities including New York City, Philadelphia and Houston, Pix 11 reports.

However, Schumer said, that funding was suddenly taken away with no reason provided.

“Even more galling, New York City had already allocated this money,” Schumer said. “The CDC already said we’re going to send you this money.”

According to the New York Daily News, rather than be allocated to metropolitan areas, CDC officials say that a new federal policy dictates that the funds will be distributed between state offices.

This, Schumer says, will set up cities like New York, Chicago and Los Angeles to get less funding than initially thought.

“There is simply no good reason for the feds to play yo-yo with critical federal funds that New York needs to beat back and address the opioid epidemic,” Schumer said in a statement. “By playing this dangerous and irresponsible game with these dollars, the federal government is setting an aberrant precedent and making a big mistake all at the same time.”

Schumer added that the city already had plans for the funding.

Pix 11 reports that New York City planned to use the federal funding for various programs, including one in which paramedics from the city’s fire department leave the opioid antidote, naloxone, in the homes of those with a history of substance use.

Schumer says he plans to fight the funding takeaway, which he claims will affect the state as a whole.

“Because when the city doesn’t get this money, the state has less money to go around,” he said. “New York City will have to now fight for state money, and that’ll hurt Long Island, hurt Westchester and frankly the whole state.”

In a letter to CDC Director Robert Redfield, Schumer pushed for the organization to reconsider.

“As some of the nation’s largest localities, which are facing some of the harshest impacts from the current addiction and overdose crisis, it is imperative that CDC provide fair funding allocation mechanisms that effectively address public health needs,” he wrote.

View the original article at thefix.com

2 August 2018
New York Federal Judge Admits He’s Been Too Tough on Marijuana

The judge says he wants to make things right, in both his current and future judgments.

Judge Jack Weinstein of Brooklyn, New York admits he’s probably been too harsh on marijuana offenders throughout his career. To make amends, he has vowed to be more lenient in future cases and to fix the cases he can now.

To that end, he plans to dig back through his cases and do away with supervised releases for marijuana offenders. Assigning probation officers to offenders who are simply trying to get their lives together after time in jail is a waste of time for all parties involved, Weinstein reasoned.

He’s already begun by prematurely terminating the three-year supervised release of 22-year-old Tyran Trotter, despite the fact that Trotter had smoked marijuana to stay “calm and on the right path.” While Trotter was in the system after pleading guilty to conspiracy to distribute heroin, Weinstein believes that booking him just for marijuana would be a mistake.

“If his supervision continues, he will probably end up in the almost endless cycle of supervised release and prison,” wrote Weinstein of the case in a 42-page ruling.

Besides Trotter’s case, Weinstein also wrote more broadly about marijuana’s legal status in general, mentioning that it’s “becoming increasingly accepted by society.” Law enforcement and the court systems are beginning to reflect this change in perception as well. Weinstein notes that even New York prosecutors aren’t aggressively pursuing lower-level marijuana cases.

Additionally, the New York Police Department has taken to issuing summonses to people caught smoking marijuana instead of arresting them.

However, Weinstein notes, the use of marijuana is still illegal at the federal level and federal probation officers will act accordingly. If marijuana offenders don’t stay mindful of this distinction, it could lead to getting booked for violating probation or even getting thrown in a cell.

Potentially, that’s a lot of offenders considering 13% of supervised releases in Brooklyn and Long Island area courts are drug-related. Weinstein isn’t the only judge who feels that way; a 2014 survey revealed that more than 85% of 650 federal court judges felt that offenders should not be automatically locked up when charged with illegal drug possession.

View the original article at thefix.com

9 July 2018
2 States Become First To Require Mental Health Education In Schools

Mental health advocates believe early intervention is key to lowering the suicide rate and effectively addressing mental health.

Mental health education is now required in two U.S. states, New York and Virginia, from as young as the elementary school level. The respective laws were enacted on Sunday, July 1.

The goal is to counter the growing suicide rate and give support to young people who may be vulnerable to mental illness early on. Suicide is the second leading cause of death among people aged 15-24, according to the CDC.

Since 1999, the suicide rate has increased by 30% in the United States, the agency reported in June.

Mental health advocates believe that early intervention is key to lowering the suicide rate and effectively addressing mental health. The New York law states that “90% of youth who die by suicide suffer from depression or another diagnosable and treatable mental illness at the time of their death.”

Lack of mental health support can result in fatal consequences. Virginia state Senator Creigh Deeds saw this for himself, with the suicide death of his 24-year-old son Austin “Gus” Deeds in 2013.

In the aftermath, Deeds said “the system failed my son” when it could not provide a psychiatric bed less than 24 hours before his son’s death.

Deeds created the Virginia law with the help of Albemarle County high school students who had presented a proposal to address mental health issues in schools to the state senator in 2017.

“I was impressed by their thoughtfulness, because a lot of these young people had seen bullying. They had seen depression,” said Deeds, according to CNN. “They had seen classmates that had died by suicide. It’s part of tearing down the stigma and providing some equality with those that struggle with mental health.”

Virginia’s law adds mental health education to the physical education and health curriculum for 9th and 10th graders.

In New York, mental health is now included in the health curriculum in elementary, middle, and high schools. “[Mental health] is an integral part of our overall health and should be an integral part of health education in New York schools,” the law states.

Half of lifetime mental health issues develop before age 14, but on average, most will wait 10 years before seeking help, according to the National Alliance on Mental Illness (NAMI).

View the original article at thefix.com

6 July 2018
New York Plans To Allow Medical Marijuana As Opioid Alternative

“We looked at the pros, we looked at the cons, and when we were done, we realized that the pros outweighed the cons,” said one public health official.

The New York Department of Health will now recommend that the state allow adults to legally use medical marijuana instead of an opioid prescription, or if they are struggling with opioid addiction.

According to U.S. News, state commissioner Howard Zucker announced that the Department of Health will create regulations that allow patients who have been prescribed opioids or become addicted to the drug, to instead enroll in the medical marijuana program.

Dr. Zucker proposed that allowing medical marijuana use in place of opioids is backed by research which shows that having access to marijuana reduces opioid use and eliminates the risk of overdose, as well as the risk of addiction for those not dependent on the drug.

The New York Times pointed out that New York Governor Andrew Cuomo referred to marijuana as a “gateway drug” in the past and was not a supporter of its medicinal use.

Howard Zucker noted this change, stating in the NYT, “We looked at the pros, we looked at the cons, and when we were done, we realized that the pros outweighed the cons,” adding, “we have new facts.”

The NYT reported that the New York State Department will now be supporting the legalization of marijuana after the results of their state-sponsored study, backed by Governor Cuomo, were released.

Dr. Zucker was quoted in NYT, noting that the researchers behind the study were “experts from all across the government.” He said that the researchers had surveyed a broad array of issues, including age, and production and distribution, and decided that the legalization of marijuana in New York was workable.

News outlet WHEC noted that as of now, the New York medical marijuana program allows only 12 conditions (which must be certified by a physician) in those who use the program. These conditions included HIV/AIDS, and chronic pain conditions such as arthritis and cancer.

So far the regulations around the program have been strict: no smokeable forms of marijuana are allowed.

Elizabeth Brico wrote in a recent feature for The Fix that medical marijuana was an integral part of her abstinence from opioids.

“The ability to soften the blow of that transition helps some users acclimate to life without opioids. Even if the marijuana use doesn’t remain transitional—if someone who was formerly addicted to heroin continues to use marijuana for the rest of his or her life instead—the risk of fatal overdose, hepatitis C or HIV transmission through drug use, and a host of other complications still go down to zero.”

View the original article at thefix.com

20 June 2018