New Orleans, LA – Today, District “A” Councilmember Susan G. Guidry announced that she will propose changes to the city’s marijuana laws in an effort to free up police, save money and make application of marijuana laws more fair and just across ethnic and economic backgrounds.
The ordinance will be discussed on Wednesday, January 27, at 2:00 p.m. at the Council’s Criminal Justice Committee meeting. Guidry is the Chair of the Criminal Justice Committee. Guidry will introduce the proposed ordinance at the City Council meeting Thursday, January 28.
Presently under the municipal code, the New Olreans Police Department (NOPD) has discretion to issue a summons to appear in court in lieu of making a custodial arrest if the violation is one of simple possession, first offense. Guidry’s change will expand the municipal code to cover all subsequent marijuana simple possession offenses. Police will now be able to use their discretion to issue a summons under the municipal code or to make a custodial arrest using state marijuana possession laws.
Since Guidry introduced the original ordinance that defined first offense simple possession in 2010, and the NOPD has been allowed to use their discretion in handling these types of cases, the summons rate is now approximately 70%. Most importantly, research shows that the NOPD’s discretionary use of summonses has been applied evenly by race.
While progress has been made since 2010, according to New Orleans Municipal Court and NOPD records, African-Americans still account for 75% of all misdemeanor marijuana arrests and 92% of all felony marijuana arrests (whether by summons or custodial arrest). “This is unacceptable and not in line with the demographics of our city or the reported demographics of marijuana users,” said District “A” Councilmember Susan G. Guidry.
Police report that there are numerous factors outside of their control that lead to disparities. Guidry believes that these factors produce a law that cannot be enforced as written in a fair and just manner. She says that a law that cannot be enforced fairly is a law that needs to be changed.
Social justice is not the only reason for this ordinance. It will also enhance public safety. Guidry wants police on the street investigating more egregious crimes such as murders, rapes and armed robberies, rather than at the station spending countless hours booking individuals on victimless, non-violent crimes.
“The citizens of our city want their tax dollars focused on preventing crime and fixing infrastructure. These marijuana arrests clog our already overburdened court systems and public defender’s office. Also, when indigent defendants cannot afford the hefty state law fines for possession offenses, they end up clogging our jail for failure to pay. Then it is the taxpayers who are forced to foot the bill,” said District “A” Councilmember Susan G. Guidry.
The Criminal Justice Committee meeting will take place on Wednesday, January 27, 2016 at 2:00 p.m., and the City Council meeting will take place on Thursday, January 28, 2016 at 10:00 a.m.in the Council Chamber, located at 1300 Perdido St. New Orleans, LA
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