Brooklyn DA refuses to prosecute over cannabis possession limits, citing legal ambiguities

January 17, 2024 Robert Abruzzese, Courthouse Editor

District Attorney Eric Gonzalez's office will no longer pursue prosecutions for exceeding cannabis possession limits due to ambiguities in state law.
Photo: Rob Abruzzese/Brooklyn Eagle

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District Attorney Eric Gonzalez’s office will no longer prosecute New Yorkers for possessing excessive amounts of cannabis, according to recently published reports. This decision follows a series of legal challenges that have brought to light ambiguities in New York’s Marijuana Regulation and Taxation Act.

The policy change was influenced by the case of Tommy Yu, who faced multiple felony charges for cannabis possession well above the legal limit. However, Brooklyn Supreme Court Judge H. Jacob Moses dismissed all cannabis-related charges against Yu, pointing to the law’s unclear specifications regarding the measurement of cannabis weight.

Central to the legal debate is the distinction between “pure” and “aggregate” weight of cannabis.

Current law requires authorities to weigh only the parts of marijuana that contain THC, excluding elements like seeds and stems. This precise measurement has proven to be a challenging task for law enforcement where the NYPD’s lab admitted its inability to determine the pure weight of cannabis.

A spokesperson from the DA’s Office recently told Gothamist, “Based on how the law is written, and in accordance with judicial findings, we can no longer prosecute weight-based marijuana possession cases.”

Despite the Brooklyn DA’s decision, opinions are divided among district attorneys across New York. Some continue to enforce the law as it stands, while others, like Gonzalez, see it as unenforceable.

Melissa Moore from the Drug Policy Alliance, involved in drafting the law, insists that its wording was intentional, aiming to prevent excessive drug charges, particularly in cases involving edibles.

This development occurs amidst efforts by Gov. Kathy Hochul and the state to regulate unlicensed cannabis stores. The state’s strategy focuses on civil actions against these establishments, leveraging fines and injunctions rather than relying on arrests or the amount of cannabis seized.

The issue of pure versus aggregate weight is not new to New York’s legal system. It echoes a loophole from the 1977 Marijuana Reform Act, subsequently amended in 1979. A similar amendment to the current law is proposed by State Sen. Liz Krueger to reinstate the aggregate weight standard.