New York Daily News

Up in smoke?

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You can’t blame a law-man for being concerned, but Police Commission­er Dermot Shea is wringing his hands too fervently. After Gov. Cuomo signed legislatio­n legalizing adult use of marijuana this week, Shea went on TV to express his concern New Yorkers would suddenly be powerless to control a new public scourge — because, unlike in states such as California and Colorado, New York hasn’t forbidden all in-public consumptio­n of the drug.

“I hope I’m missing something but it appears (the bill) is legalizing the smoking of marijuana outside,” Shea said. “That’s not something that most other states did.” ”

Yes and no. The new law broadens the state’s current definition of “smoking” to include smoking cannabis, but doesn’t expand the places where smoking is allowed. In all places where cigarettes are verboten — and that’s a hell of a lot of places — it would also be illegal to smoke pot.

In case anyone’s forgotten the extensive Bloomberg-era restrictio­ns and those that followed:

New Yorkers won’t be able to light up either tobacco or cannabis, in or on city parks or beaches, places of employment, bars or restaurant­s, subways or trains or buses or subway or train or bus stations, daycare centers, public and private colleges, hospitals, nursing homes, indoor arenas, businesses, zoos, schools and in NYCHA housing. Punishment for violations may include a $25 fine and 20 hours of community service.

Shea worries legalizati­on will erode residents’ quality of life, citing roughly 50,000 complaints cops get annually about stinky or loitering tokers. But under the new law, smoking in parks would still be illegal, enforced by parks’ patrol officers. So would smoking in front of a building that already has a no-smoking policy.

Government should make clear it isn’t endorsing their behavior, just as it doesn’t endorse cigarette smoking or alcohol drinking. But it is allowing it, regulating and taxing it, while no longer arresting and jailing users, with enforcemen­t disproport­ionately harming Blacks and Latinos. Celebrate that, however you like to celebrate.

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