New York Post

NYPD’s ‘joint’ task force told: Go easy

- By TINA MOORE, LARRY CELONA and BRUCE GOLDING Additional Hogan reporting by Bernadette

The NYPD has told cops how to enforce the state’s new marijuana law — which includes letting adults light up in public, ignoring the exchange of weed unless money is involved and banning vehicle searches based on smell alone.

A four-page memo also says cops can’t “approach, stop or detain” a parolee for smoking or possessing pot, even if they know the ex-con isn’t supposed to be getting high.

Instead, they “should notify the relevant parole officers” to enforce the conditions under which the jailbird was sprung from prison.

The memo says the “sweeping changes” in enforcemen­t are the result of Gov. Cuomo’s signing of a bill that legalized the recreation­al use, sale and growing of weed.

It was issued just hours after Cuomo signed the measure into law Wednesday morning.

Specific guidance in the memo tells cops that people 21 and older can legally smoke weed “almost anywhere that cigarette smoking is allowed, including on sidewalks, on front stoops and other public places.”

It notes that blazing away “in any of these locations is not a basis for an approach, stop, summons, arrest or search.”

The memo also says that people can’t be charged with selling pot “unless they receive compensati­on” and that a “hand-to-hand exchange of lawful amounts . . . without compensati­on, to a person 21 or over, is not considered a sale.”

In addition, the odor of both “burnt and unburnt” weed “alone no longer establishe­s probable cause of a crime to search a vehicle,” the memo says.

If a driver appears wasted and reeks of weed or admits “having smoked recently,” cops can search the vehicle’s passenger compartmen­t, but “the trunk may not be searched unless the officer develops separate probable cause to believe the trunk contains evidence of a crime (e.g., gun recovered from under driver seat).”

An NYPD source said the lenient new drug law could prove disastrous for public safety.

“We always say, ‘Drugs equal guns.’ When you smelled weed, you could pull a car over. Now, you can’t pull them over,” the cop said.

“That’s bad, especially with the gun violence going on.”

Some provisions of the new law went into effect immediatel­y, including those that allow people 21 and older to smoke and possess up to 3 ounces of pot in public.

Others that will regulate sales at licensed dispensari­es and let adults grow as many as 12 pot plants per household and keep a 5-pound stash at home will be phased in later.

Five pounds of weed is enough to roll more than 3,330 joints, based on data from a 2010 study, “Quantifica­tion and Comparison of Marijuana Smoking Practices: Blunts, Joints, and Pipes,” published in the medical journal Drug and Alcohol Dependence. all

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