Wow!
Here's the entire memo.
Both city council members and state representatives have recently taken up the call to end the practice. A bipartisan bill to decriminalize the possession of small amounts of pot in public view recently introduced in Albany.
"Questions have been raised about the processing of certain marihuana arrests," Kelly wrote in the internal order delivered to commanders this week. "At issue is whether the circumstances under which uniformed members of the service recover small amounts of marihuana ... from subjects in a public place support the charge of Criminal Possession of Marihuana in the Fifth Degree.
"The specific circumstances in question include occasions when the officers recover marihuana pursuant to a search of subject's person or upon direction to the subject to surrender the contents of his/her pockets or other closed container. A crime will not be charged to an individual who is compelled to engage in the behavior that results in the public display of marijuana. Such circumstances may constitute a violation of [the decriminalization statute], not [the possession in public view statute], a Class B misdemeanor.
"To support a charge [under the possession in public view statute], the public display of marijuana must be an activity taken under the suspect's own volition. Thus, uniformed members of the service may not charge the individual with [violation of the possession in public view statute], if the marihuana recovered was displayed to the public view at the officer's discretion."
Here's the entire memo.