Data Source Notes

Marijuana Arrest Data

The Excel spreadsheet that follows contains misdemeanor and felony marijuana arrest involving adults, who are individuals 18 and older, by race/ethnicity as reported to the state annually from 1990 through 2020. Data are presented as follows:

  • Statewide: All 62 counties
  • Regions: New York City (the five boroughs of Bronx, Kings, New York, Queens and Richmond) and Non-New York City (57 counties outside of the five boroughs)
  • County: Each borough or county

Source: New York State Division of Criminal Justice Services (DCJS)

The OCM used this arrest data and population data from the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Health Statistics to develop the statistics in a public service campaign to raise awareness about the racial disparity in marijuana arrests. This campaign is part of the OCM’s mission under state Cannabis Law to develop an equitable and inclusive cannabis industry that works to address the harms of the past. 

Arrest Data

Data Notes

  • Arrests presented were made under Penal Law Article 221 (Offenses involving Marijuana) and are displayed in four categories: misdemeanor sale, misdemeanor possession, felony sale and felony possession.
  • Penal Law Article 221 was repealed and replaced with Article 222 (Cannabis), effective March 31, 2021.
  • The unit count presented is arrest not person. An individual may have multiple arrests in a given year or years.
  • DCJS compiles data by top charge: the most serious at the time of arrest. For example, an arrest involving felony possession and misdemeanor possession charges would be included in the felony possession total.
  • Police departments report arrests to DCJS that require fingerprints, the criteria for which is defined in state law.
  • An arrest is reported to DCJS by the police agency that made the arrest.  
  • Race/ethnicity is not available for certain years due to data reporting issues.
  • Arrests presented occurred in New York State, the region or county noted. Arrests may involve individuals who lived out of state.