By JAMES A. MURPHY III

Published Monday, May 11, 2009
The Saratogian

Regardless of the different accounts of the number of students participating in the “420” celebration, Barbara Lombardo is correct in her point that it is not only inappropriate to smoke pot, but also a crime, until the legislature decides to decriminalize the activity (Editorial: Seeing through the haze of 420). Until then, law enforcement has an obligation to investigate, and if evidence is gathered that leads to proof that a crime has been committed, to make an arrest. That would include gathering proof of identifying who is smoking, confiscating the substance so that the New York State Police Crime Lab can perform an analysis of the substance and provide sworn testimony and a certified report as to the substance’s weight and content in court, and provide proof of ingestion by blood or urine test and provide a report to the court as well. The possession of marijuana, in a small quantity, has been decriminalized in that the statute requires the judge and prosecutor to dismiss the charge on a first offense.

Decriminalization has not been done for the crime of smoking pot in public or for possessing a certain larger quantity that would be consistent with someone who is a dealer. It was admittedly difficult for police to patrol this gathering as Chief Moore, Campus Safety Director Dennis Conway and Managing Editor Lombardo point out. Regardless, the meeting that involved Skidmore, police, campus safety and the school superintendent was important in that it addressed not only the 420 event, but the use of alcohol and other drugs on and off campus, underage drinking, student mentoring, community and college relations and an “autopsy” of what occurred that day. The focus of the group’s energies then correctly shifted to promoting students and community members to make healthy choices, reinforcing positive behavior and the importance of students as role models, both on and off campus.

Turbulent as the reaction to the 420 event was, it did give us all an opportunity to learn from the process and address the issues identified in the article covering the event. The college reexamined and reaffirmed its alcohol and other drug policy. Law enforcement fleshed out the campus safety and police limitations due to our Fourth Amendment constitutional protections and limitations, in addition to resource issues. Most importantly, the event served as a catalyst for discussion about and preparing for the event, if it were to occur in the future, students engaging in risky behavior and identifying and increasing our community’s protective factors, something the Prevention Council, the Saratoga Springs City School district and the District Attorney’s Office has been working on for some time.

Skidmore is a wonderful resource that makes Saratoga special. The Saratogian newspaper provides news, opinions and insight into important events written by hard-working journalists who strive for accurate, comprehensive coverage. The Saratoga Springs Police Department and Skidmore Campus Safety do an outstanding job despite budget, personnel and resource limitations in not just making arrests, but implementing best practices when responding to off campus parties and disturbances. I believe that what makes Saratoga Springs and in fact this county unique is our comprehensive response by identifying and accessing existing collaborations and strengthening them. The Partnership for Prevention is one such existing collaboration that has been working for more than eight years on just this topic. If you are interested in joining me and roughly 45 other community organizations, nonprofits, agencies, schools, departments and individuals to continue the discussion, I invite you to attend our next meeting by calling The Prevention Council at 584-1230 for more information.

We left the meeting with a sincere and genuine commitment and a pledge to work even harder, together, so that we all learn from our mistakes and change our protocols and policies to be better prepared. It is well worth living in a community for which we care so deeply that we fervently critique, comment, editorialize and argue. For that and for the sincerity of the effort by its residents, I am thankful.

James A. Murphy III is Saratoga County district attorney and chair of the District Attorneys Association of the State of New York.