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Carey Signs Marijuana Measure Reducing Penalty for Possession

Carey Signs Marijuana Measure Reducing Penalty for Possession
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June 30, 1977, Page 1Buy Reprints
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Governor Carey signed into law yesterday afternoon the marijuana bill that was given final legislative passage by the State Senate early in the morning. New York thus became the ninth state in the union to decriminalize possession of small amounts of marijuana.

The measure, which goes into effect in 30 days, had been sought by Mr. Carey after a more liberal proposal stalled in the Assembly.

The law makes possession of up to 25 grams—enough for 20 or 30 cigarettes —a violation similar to a traffic offense, punishable by a fine of up to $100. Second offenders can be fined up to $200 and third offenders can be fined up to $250 or get 15 days in jail.

$500 Fine Is Possible

The law also makes possession of amounts larger than 25 grams, or any public use or display of the substance, or the handing of a marijuana cigarette to another person a Class B misdemeanor, punishable by up to three months in jail or a $500 fine.

The bill passed the, State Senate in a close vote and after two hours of debate during which its opponents charged that its supporters would irresponsibly encourage wide use of marijuana. The supporters repeatedly replied that the liberalized penalties would merely adjust the law to the realities of social behavior.

While some law enforcement officials oppose the eased penalties, District Attorney Robert M. Morgenthau of Manhattan said he thought the new law would “make more resources available to prosecute crimes of violence.”

Opposed by Conservatives

Conservative legislators, who had forced an earlier, more liberal bill back to committee after rounding up enough votes to make its defeat certain, argued that what they called the harmful effects of marijuana—possible brain damage and chromosome breakage—should not be discounted. They expressed concern, as Senator Bernard G. Smith, Republican of Northport, L.I., put it during yesterday's debate, that youngsters might feel “the stops are out” and would be encouraged to try marijuana.

Marijuana use nationally has been steadily increasing in the last four years. A study done for the Washington‐based Drug Abuse Council showed that between October 1973 and October 1976, the percentage of Americans woh had tried marijuana at least once went from 12 percent to 24 percent.

In the same period, that study showed, marijuana use among Oregon residents went from 19 percent to 24 percent. Oregon, the first state to liberalize its marijuana penalties, had enacted its law effective October 1973.

Scientists continue to debate whether marijuana causes permanent physical damage to the brain or to chromosome structure, and some critics believe it is dangerous for people with emotional problems because of its perception‐altering effects.

But many of the questions about marijuana's physical effects have not been resolved in the scientific community, and numerous experiments are under way to test for possible harmful effects.

The new law in New York does not decriminalize sales of marijuana or possession of large amounts of it. Persons convicted of selling up to 25 grams can be punished by a year in jail or a $1,000 fine, as can those convicted of possession of more than two ounces.

Stiffer Penalties Provided

The penalties increase for sales and possession as the amounts go up, with a sale of more than 16 ounces bringing a prison sentence of up to 15 years—the. same penalty, under the new law, that is given to persons caught in possession of more than 10 pounds of marijuana.

The expiring law makes possession of more than a quarter‐ounce a felony punishable by up to seven years in prison and possession of up to a quarter‐ounce a misdemeanor carrying up to a year's term.

Keith Stroup, head of a Washington based lobbying group, the National Organization for Reform of Marijuana Laws, said, “We are very happy.” Mr. Stroup, who advocates full decriminalization of marijuana, said he felt the New York law would not have passed without Governor Carey's strong support.

He also said his lobbying group had considered New York a key state, to which other states looked for guidance on the question.

“You folks have just moved a big mountain up there,” he said.

The Governor, who signed the bill without any fanfare or special message, had long advocated easing the state's marijuana penalties, and he had indicated that if a measure such as the one passed yesterday were enacted, he would consider pardoning anybody then in jail for possession of small amounts of the substance. There are believed to be under 200 persons in jail for marijuana conviction in the state.

There was a celebration in the office of Richard N. Gottfried, a liberal Democratic Assemblyman from Manhattan who was one of the chief sponsors of the bill. Mr. Gottried's staff invited Albany friends to drop by his office for the celebration.

Asked if he had ever smoked marijuana, he replied. “My answer is that it's not relevant whether I've smoked it. What's relevant is that over three million New Yorkers have.”

A Gallup poll published in the spring indicated that one in four Americans had used marijuana. President Carter, whose son Jack was expelled from the Navy for smoking marijuana, has said he favors decriminalization of the drug, as have some of his key staff members.

Marijuana sales are so open in New York City that it is possible to walk through a place such as Union Square Park, a favorite gathering place for sellers, and be solicited by the marijuana sellers who boldly announce: “Smoke! Gold!”

Reaction to the new law in that park yesterday was cautious. The sellers said they thought the new law would increase business temporarily, but might in the long run hurt it.

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