Clearing the Docket On Landmark Issue: Brooklyn DA Dismisses 3,500-plus Cases On Outdated Marijuana Charges
Cases Involving Serious Felonies Or Driving While Impaired Remain
Brooklyn District Attorney Eric Gonzalez today asked the Court to dismiss 3,578 marijuana cases that remained on the docket mostly because of open warrants. With this move, nearly all marijuana cases in Brooklyn have been dismissed. Since the State Legislature legalized marijuana in March, the DA’s Office dismissed about 240 active cases where marijuana was charged, while marijuana charges that are included in felony cases are being dismissed in the course of court proceedings.
District Attorney Gonzalez said, “For too long, criminalization of marijuana has disproportionately impacted young people and communities of color whose members made up about 90% of those arrested. These arrests ruined the lives of thousands of people over the years, saddling many with criminal convictions that prevented them from pursuing opportunities in life. That was why, in Brooklyn, we stopped prosecuting possession cases in 2014 and went further in 2017, declining prosecution of nearly all smoking cases as well. A year later, we also moved to dismiss warrant cases.
“I am gratified that the New York Legislature legalized marijuana earlier this year in a bill that included an automatic expungement provision. Since its passage, my Office has moved to dismiss open cases and stated we will no longer bring pending marijuana charges before grand or petit juries. Today, I asked the Court to dismiss over 3,500 warrant cases that remained in the system, effectively clearing the Brooklyn docket from these vestiges of previous models of policing and prosecution. I hope that these actions will help strengthen community trust in the justice system and allow us to continue moving forward with more fairness and equity.”
The District Attorney today appeared before Brooklyn Criminal Court Judge Keisha Espinal and requested that 3,578 pending marijuana cases be dismissed and that the Court vacate any relevant arrest warrants, judgments of conviction and guilty pleas related to those cases.