CAPITAL REGION, NY (WRGB) — Saugerties Police Chief Joseph Sinagra put an order out to his department on April 9th of last year not to seize cannabis from those under 21 who possess three ounces or less. He says it’s a question of civil liability–the officer could be sued, and the agency could be sued–and the taxpayer would end up footing the bill.
Chief Sinagra wants to see a cannabis version of the state’s Alcohol Beverage Control legislation, which spells out penalties. He says under the old law, before pot was decriminalized, unlawful possession of marijuana clearly gave law enforcement the ability to seize and issue an appearance ticket. But he says now they have no authority to do that for the under-21 crowd–even though he’s been trying for more than a year to get the law clarified by the legislature.
“If we were to seize cannabis, from a person who’s less than 21, and it was three ounces or less, the legal limit, we in essence would be stealing the cannabis from that individual, because the law doesn’t say we can take it,” he said. “The law also does not say that we can issue an appearance ticket for the person to come into court.”