Relates to standardizing penalties associated with marihuana possession; makes unlawful possession of small amounts of marihuana a violation punishable by a fine.
STATE OF NEW YORK ________________________________________________________________________ 7620 2011-2012 Regular Sessions IN ASSEMBLY May 11, 2011 ___________Introduced by M. of A. JEFFRIES -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to standardize penalties associated with marihuana possession THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of section 221.05 of the penal law, as added by chapter 360 of the laws of 1977, is amended to read as follows: A person is guilty of unlawful possession of marihuana when he OR SHE knowingly and unlawfully possesses marihuana. S 2. Section 221.10 of the penal law, as amended by chapter 265 of the laws of 1979 and subdivision 2 as amended by chapter 75 of the laws of 1995, is amended to read as follows: S 221.10 Criminal possession of marihuana in the fifth degree. A person is guilty of criminal possession of marihuana in the fifth degree when he OR SHE knowingly and unlawfully possesses
[: 1. marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning or open to public view; or 2.]one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams. Criminal possession of marihuana in the fifth degree is a class B misdemeanor. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11391-02-1