March 31, 2021

Contact: Daniel Ball, dball@bds.org

***FOR IMMEDIATE RELEASE***

BROOKLYN DEFENDER SERVICES LAUDS ENACTMENT OF MARIJUANA LEGALIZATION

(BROOKLYN, NY) – Nila Natarajan, Supervising Attorney and Policy Counsel with Brooklyn Defender Services’ Family Defense Practice, and Jackie Gosdigian, Senior Policy Counsel with Brooklyn Defender Services’ Criminal Defense Practice released the following statement in response to the New York State Senate and New York State Assembly passing and the Governor enacting the Marijuana Regulation and Taxation Act (S854A/A1248) this morning:

"The final days of marijuana prohibition in New York State are upon us. Today, the New York State government enacted a landmark, progressive legalization bill rooted in racial and economic justice that does not focus solely on generating revenue. New Yorkers demanded that legalization be done right, and this legislation works towards addressing the many harms that Black and brown communities have long suffered due to the impacts of racist enforcement.

This legislation acknowledges that the 'War on Drugs' is entangled in not only the criminal legal system but also immigration, housing, employment, the family regulation systems, and more, with devastating impacts on nearly every aspect of people's lives.

Even in the wake of decriminalization, law enforcement has continued to use the supposed ‘odor of marijuana’ as a justification to stop, harass, and search people of color without a warrant. This bill prohibits police from continuing this racist practice. Similarly, the family regulation system has long used marijuana prohibition and stigmatization as justification to surveil and separate Black and Latinx children from their families and keep them in foster care longer. This bill recognizes this harm to families by adding protections that prohibit Child Protective Services from using marijuana as the sole justification for a finding of child neglect or denying and delaying custody or visitation without showing evidence of further harm to a child. Additionally, the legislation protects against discrimination in employment, housing, education, licensing, parole, and more, as well as automatically expunging criminal records for what is now legal and ensuring that communities harmed by prohibition benefit economically from legalization.

We are proud to have worked alongside a strong coalition of people impacted by marijuana criminalization, advocates and elected officials to make this historic legislation a reality. We thank Assembly Majority Leader Crystal Peoples-Stokes and Senator Elizabeth Kreuger for their unwavering leadership, and Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins for bringing the MRTA to a vote."

BACKGROUND: Brooklyn Defender Services (BDS) is a public defender organization serving tens of thousands of Brooklyn residents each year since 1996. Our mission is to provide high-quality and client-centered criminal, family, and immigration legal representation, as well as civil legal services, social work support and advocacy for people who cannot afford an attorney.

Brooklyn Defender Services is a member of Start SMART NY– Sensible Marijuana Access through Regulated Trade coalition – the campaign dedicated to ending marijuana prohibition in New York. The campaign believes that it is time to stop the ineffective, racially biased, and unjust enforcement of marijuana prohibition and to create a new, well-regulated, and inclusive marijuana industry that is rooted in racial and economic justice.

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