Up in smoke: Bronx DA Clark dismisses more than 6,000 marijuana cases in wake of legalization

More than 6,000 Bronx misdemeanor marijuana cases went up in smoke Thursday, dismissed in line with state laws making much use of the drug legal.

The move follows state law legalizing the recreational use of marijuana — including smoking in public — that took effect two months ago.

“My office has long stopped prosecuting for these offenses, because they were not a direct threat to public safety, and they gave people a criminal record that had negative collateral consequences on employment, housing, education, immigration and other matters,” Bronx District Attorney Darcel Clark said in court.

“Mindful of these harsh realities for those affected, our application today is an effort to bring into effect my office’s shared purpose of pursuing justice with integrity aligned with the legislative goals outlined above.”

Judge George Grasso, chief supervising judge for Bronx Criminal Court, at Clark’s request put 6,089 open cases where the primary charge was sale or possession of marijuana on three calendars.

Two of the calendars contained pending cases, and the third included cases in which defendants had already pleaded guilty.

As each calendar was called in court, Grasso granted Clark’s motion to dismiss the cases on each one. He also sealed the cases from public scrutiny.

Most of those affected by the dismissals could not afford their own lawyers and were represented by legal groups who provide free counsel.

Eli Northrup, from Bronx Defender Services, said in court that marijuana enforcement has been disproportionate and damaging.

“These people have suffered, and they’ve fought for the changes we’re now seeing,” Northrup said.

Judge Grasso said that laws criminalizing marijuana did not curb its use. Instead, the judge said, the marijuana laws “have resulted in devastating collateral consequences including mass incarceration and other complex generational trauma that inhibit an otherwise law-abiding citizen’s ability to access housing, employment opportunities and other services.”

Under terms of the new law, which took effect March 31, New Yorkers can now possess up to three ounces of cannabis or 24 grams of concentrated forms of the drug, including oils.

Smoking is allowed in the same public places where tobacco smoking is permitted. Like tobacco smoking, marijuana smoking is prohibited in parks, at beaches and in playgrounds.

Other changes are expected this year when authorities establish the guidelines governing the legal sale of the drug. That will allow for home delivery and eventually the establishment of marijuana dispensaries.

Clark’s move to dismiss the Bronx cases followers similar motions by district attorneys in other boroughs.

Manhattan DA Cyrus Vance in 2018 vacated more than 3,000 marijuana warrants dating to the late 1970s.

Also in 2018, and Brooklyn DA Eric Gonzalez vacated more than 1,400 warrants in misdemeanor marijuana possession cases, and set up a program to help offenders have past convictions vacated.

Queens DA Melinda Katz has promised to expunge convictions for past marijuana arrests, and Staten Island DA Michael McMahon is in the process of dismissing more than 1,100 marijuana cases, a spokesman said.