2009 Legislative Agenda

New Directions for New York: A Public Health and Safety Approach to Drug Policy

In April 2009, New York State Governor David Paterson signed into law historic reforms to the draconian Rockefeller Drug Laws. The changes include: eliminating mandatory minimums and returning judicial discretion in most (but not all) drug cases; reforming sentences; expanding drug treatment and alternatives to incarceration; and allowing re-sentencing of some currently incarcerated people who are serving sentences under the old laws. With these reforms, New York begins its shift away from the Rockefeller Drug Law regime, and moves towards a public health and safety approach to drug policy.

You can learn more about the specifics of the 2009 reform’s here, and see a new drug sentencing chart created by Center for Community Alternatives here.

The reforms to the Rockefeller Drug Laws come on the heels of an historic conference in January 2009 called New Directions for New York. DPAN worked with The New York Academy of Medicine to convene this unprecedented conference that assembled stakeholders from the community, government and the fields of public health, treatment and criminal justice to explore a public health approach to drug policy. Top elected officials joined the conference as well, including Assembly Speaker Sheldon Silver, who issued his first Policy Paper -- focused on the Rockefeller Drug Laws -- at the Conference.

The criminal justice approach to drug use and abuse has failed -- a failure embodied by the draconian Rockefeller Drug Laws. For over 35 years, the laws have promoted institutional racism, failed to reduce drug abuse in our communities, contributed to mass incarceration, and wasted taxpayer dollars and human lives. The time for change is now! New York is ready for a New Direction.

To join the fight to advance a public health and safety approach to drug policy in New York, contact gabriel or Evan.

Harm Reduction: Saving Lives by Preventing Overdose Deaths

In 2009, DPAN and our local partners are working to pass a 911 Good Samaritan bill, legislation similar to the one passed in New Mexico in 2007. Many drug users are afraid to call 911 when someone is overdosing, fearing arrest for drug possession if the police come. Nearly 1,000 people die annually from drug overdoses in New York City alone, making it the 4th leading cause of death in New York – even surpassing homicide. This law, modeled after New Mexico’s which passed in 2007, will provide limited immunity from drug prosecution when calling 911, possibly saving hundreds of lives each year in New York state.

DPAN has a long history of promoting effective overdose prevention policies in New York. In 2005, DPAN won a significant victory in the passage of A.7162/S.4869. The bill removes criminal penalties in New York for the possession of naloxone or Narcan – an opioid antagonist that can save the life of someone who is overdosing on heroin or another opiate. The bill also requires the Department of Public Health to track and report overdose deaths in New York. Read more about the bill here.

Reducing Death and Disease through Clean Needle Access

In 2009, DPAN is working with our allies to finally remove syringes from the criminal code. Syringes are still part of the criminal code, even though there is an exception from arrest written into the public health code. Consequently the police, reading the criminal code (and usually not the public health code) arrest people who legally possess syringes. When these arrests take place around syringe exchange programs, a chilling effect spreads and individuals become less likely to pick up clean syringes or return those that are used. In order to reconcile this discrepancy, DPAN and our allies will work to advance legislation that will remove syringe possession without a prescription from the Penal Code; thus offering a further protection for injection drug users from police harassment and arrest, encouraging greater disposal of used syringes, and granting greater access to clean syringes, thereby reducing the spread of blood-borne diseases like HIV/AIDS and Hepatitis C.

New York City

Addressing the Crisis: Marijuana Arrests in New York City

New York City is the marijuana arrest capital of the world. Even though marijuana possession under 25 grams was decriminalized in New York in 1977, over 40,000 people were arrested in NYC for marijuana possession in public view (MPV) in 2007 – an over 22% increase from 2006. Yet almost nobody knows about this outside of academic circles and the NYPD itself. This year DPAN is spearheading a campaign to tackle this issue and stop the practice of arresting people for low-level marijuana possession.

Low-level marijuana arrests are waste of police and court resources that could be used to protect New York City citizens from crimes against people and property. On top of spending 24 to 72 hours in jail, a marijuana possession conviction can result in loss of or difficulty finding a job, loss of housing or other services, and loss of financial aid.

DPAN is working with our New York City allies to change NYPD marijuana possession arrest practices. Click here to learn more about the campaign, and read up on marijuana arrests in NY.

Contact

gabriel sayegh
Director, Organizing and Policy Project
Drug Policy Alliance Network
(212) 613-8048
gsayegh@drugpolicy.org

Evan Goldstein
Policy Associate, Organizing and Policy Project
(212) 613-8038
egoldstein@drugpolicy.org