Queens DA moves to vacate thousands of marijuana cases

A motion from District Attorney Melinda Katz to dismiss pending low-level marijuana cases was approved by Tuesday. Eagle file photo by Caroline Ourso

By Rachel Vick

Thousands of low level marijuana cases will be dismissed and sealed at the request of District Attorney Melinda Katz, a Queens Criminal Court Judge ruled Tuesday.

Katz’ motion makes Queens the third borough, after Staten Island and the Bronx, to issue the request on the heels of the statewide legalization of marijuana.

“I have declined to prosecute these cases for the significant reason that criminalization of marijuana had a disproportionate impact on communities of color,” Katz said. “The recent marijuana legislation was long overdue.” 

“Today’s proceeding is another step in our continued pursuit of justice and equity for all,” she added. “Today’s application to the Court is another step to right a wrong.”

A total of 3,255 cases where individuals are awaiting arraignment for low-level marijuana offenses, have pending summonses with outstanding warrants for arrest, or have already entered guilty pleas will be vacated. 

Judge Jerry Iannece stayed the execution of the motion 90 days to give the courts time to process the cases because of the “unprecedented nature of this undertaking,” which is expected to take longer than normal due to volume.

Legal Aid Society Lawyer Emma Goodman, who spoke on behalf of the thousands of clients the organization represented, celebrated the court’s recognition of the disproportionate harm caused to communities of color through the criminalization of pot. 

93 percent of people arrested for marijuana-related offenses in 2020 were Black or Latino, according to NYPD data. 

“For decades our clients have shouldered the brunt of marijuana prohibition, losing years of their lives ensnared in the criminal legal system and denied meaningful employment, housing and other opportunities,” Goodman said. “These dismissals are crucial for our clients, a majority from communities of color who can now move on with their lives. “