New York ( CNN ) -- New York Gov . Andrew Cuomo is asking state legislators to decriminalize possession of small amounts of marijuana that are in public view . Saying the aim was to avoid unnecessary misdemeanor charges against thousands of New Yorkers -- `` disproportionately black and Hispanic youth , '' according to a statement from the governor 's office -- the legislation `` brings consistency and fairness '' to New York 's marijuana laws . `` There is a blatant inconsistency . If you possess marijuana privately it is a violation , if you show it in public it 's a crime . It 's incongruous . It 's inconsistent the way it has been enforced , '' Cuomo told reporters at a press conference in Albany on Monday . In 1977 , New York 's legislature reduced the penalty for possessing 25 grams or less of marijuana to a non-criminal violation carrying a fine of no more than $ 100 for first-time offenders -- as long as the marijuana was in private possession and not in public view . If the marijuana is out and viewable in public -- as it might be when someone is asked to empty his or her pockets during a so-called police `` stop and frisk '' -- it becomes a Class B misdemeanor . Selling and smoking or burning marijuana is still a crime , and Cuomo is not suggesting changing that . `` The statute as currently written unnecessarily subjects tens of thousands of people to criminal arrest and prosecution for very small quantities of marijuana , '' said New York State Assembly member Hakeem Jeffries . `` The overwhelming majority of people who have been arrested as a result of the way that the statute is currently written come from the black and Latino community , '' Jeffries said , adding that statistics and studies show that marijuana possession and use `` is far more racially diverse . '' According to data released by the governor 's office , 2,000 arrests for small amounts of marijuana were made in 1990 . In 2011 , over 50,000 arrests were made . Fifty percent of those arrested were under 25 years old , and 82 % were black or Latino . Less than 10 % were ever convicted of a crime . `` The human costs to each defendant charged with a misdemeanor are serious , '' said Manhattan District Attorney Cyrus R. Vance Jr. , supporting Cuomo 's proposal . `` The simple and fair change proposed by Gov . Cuomo will help us redirect significant resources to the most violent criminals and serious crime problems , and , frankly , it is the right thing to do . '' According to the governor 's office , 94 % of arrests for small amounts of marijuana in the state are in New York City , and Mayor Michael Bloomberg , the New York Police Department and Police Commissioner Ray Kelly have come under fire in recent years for the department 's much-criticized `` stop and frisk '' policy . Bloomberg wants to ban large sodas . `` Overly punitive charges have a harmful effect on our justice system . They can ruin lives , waste taxpayer money on unneeded trials , and breed distrust between communities and law enforcement , '' said Gabriel Sayegh , New York state director for the Drug Policy Alliance . Last year Kelly issued a policy order directing officers to issue violations , rather than misdemeanors , for small amounts of marijuana discovered during street searches , and Monday , Bloomberg issued a statement in support of Cuomo 's comments . `` The governor 's proposal today is consistent with the commissioner 's directive , and strikes the right balance by ensuring that the NYPD will continue to have the tools it needs to maintain public safety -- including making arrests for selling or smoking marijuana , '' he said . `` Thanks to the NYPD , our city has come a long way from the days when marijuana was routinely sold and smoked on our streets without repercussions . '' At the press conference Monday , Kelly said , `` I was asked to respond to criticism by some members of the ( City ) Council that the Police Department was making , quote , 'too many ' arrests for small amounts of marijuana . And my response to them , was , 'Well , your option is to go to Albany and get the law changed ' -- better that than having New York City police officers turn a blind eye to the law as it was written , and as it is still written . ''
A 1977 law makes private possession of 25 grams or less a non-criminal violation . But if the marijuana is publicly visible , the same amount is a Class B misdemeanor . Cuomo is asking that small amounts even in public view be decriminalized . Selling and smoking or burning marijuana would still be a crime .