Politics & Government

Section Of Finizio Order On Marijuana Infractions Rescinded

Order to police to not issue marijuana possession infractions in certain circumstances removed; section saying police will not be punished for pursuing them remains

A section of one of the on Tuesday morning, saying officers with the shall not issue infractions for possession of small amounts of marijuana on private property if the person possessing the drug does not request police assistance, has been removed.

According to The Day, State's Attorney Michael Regan said Finizio does not have the authority to ask police not to act if they see marijuana use on private property. Finizio said he would rescind the section of the order, but maintained the authority to allocate police resources in the way he believes is most efficient.

The decision retains language saying that "no disciplinary action shall be taken against any city police officer who does not independently undertake to issue an infraction or violation" for the possession of small amounts of marijuana. The order also says that nothing shall prohibit officers from issuing infractions for marijuana possession on public property or from following state and federal laws.

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"The mayor's office still believes the entire order is legal and proper but recognizes the superiority of state law, but the city will not fight the decision because that would not be in the best interest of the City of New London," said Zak Leavy, Finizio's executive assistant.

The rationale given for the order was that it would allow police officers to focus on other matters and that it takes into account state legislation passed in June to decriminalize the possession of small amounts of marijuana.

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Three other orders

Besides the ordinance regarding the issuing of infractions, Finizio issued three other executive orders declaring:

  • Municipal employees, with the exception of “safety sensitive” positions and jobs requiring a commercial driver’s license, shall not be disciplined if they test positive for marijuana in a drug test
  • Police officers shall not use profiling by race, religion, etc. as the sole or primary reason for conducting traffic stops or establishing probable cause
  • Police officers shall not inquire into the immigration status of residents unless it directly pertains to a criminal investigation

The reason given for these orders was to avoid punishing employees for infraction-level offenses, and foster trust between the police department and New London’s diverse population.

Sprecace's concerns

At the first meeting of the new City Council on Tuesday, Sprecace asked to add an item to the agenda to have the law director draft an ordinance for review and action by the council. He said this ordinance would identify “the policy of the City of New London to enforce all laws of the State of Connecticut and the United States of America.”

Council President Michael Passero opposed adding the item, saying it would preempt public notice given by the posting of the agenda.

“I think this issue is not pressing enough that we can’t put it on the agenda in two weeks,” he said.

The motion to add the item was 4-3 in favor, with Passero, Council President Pro Tempore Wade Hyslop, and Councilor Donald Macrino opposed. Sprecace and Councilors Marie Friess-McSparran, John Maynard, and Anthony Nolan were in favor. The item motion did not carry since a majority of five is needed to approve additions to the agenda.

Sprecace said he had not seen the language in the orders before Tuesday’s meeting, and that the stipulation in one order that it does not prohibit officers from enforcing state and federal laws could address his concerns. However, he said the ordinance would also be a “safeguard” and assuage concerns related to the enforcement of marijuana, immigration, and other laws.

“I can’t fault him for taking the initiative on something he believes in,” said Sprecace, “but I would fault myself if I didn’t take the initiative to bring it up.”

Finizio clarifies conditions of orders

On Wednesday, Finizio said state and federal laws will trump the executive orders when applicable. He also said the orders have a severability clause which would keep the others in effect if one or more are found to be invalid.

The two orders referencing marijuana possession specifically cite the Connecticut General Assembly’s June legislation classifying possession of less than one-half ounce of marijuana as an infraction with a $150 fine, rather than as a criminal misdemeanor. Under this legislation, the fine would increase to $200 to $500 for subsequent offenses, with referral to a drug education program after the third violation. Offenders under age 21 would also lose their driver’s license for 60 days and juveniles 16 years of age and under will be referred to juvenile court.

Finizio said the order’s conditions would have fallen within these guidelines. He said when a separate statute is triggered, it will supersede the order. He said these examples include how possession of marijuana in a vehicle triggers the statute for driving under the influence of alcohol or drugs; possession of over half an ounce of marijuana is classified as a misdemeanor crime; and police can still issue infractions if they see people using marijuana outdoors. Finizio said it will be assumed that employees testing positive for marijuana use are using the drug while not working unless there is probable cause suggesting otherwise.

“The law is still in full force and effect,” he said.

Finizio said the changes were made by executive order in the interests of open government, and that copies of the orders are on file at the City Clerk’s Office.

“I promised transparent government,” he said. “I could have changed these policies and no one would have even known.”


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