This bill has been amended

Bill S3105-2013

Relates to the offense of criminal possession of marihuana in the fifth degree

Relates to the offense of criminal possession of marihuana in the fifth degree.

Details

Actions

  • Mar 15, 2013: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 30, 2013: REFERRED TO CODES

Memo

BILL NUMBER:S3105

TITLE OF BILL: An act to amend the penal law, in relation to criminal possession of marihuana in the fifth degree

PURPOSE: The purpose of this bill is to keep New York safe by bringing fairness and consistency in the penalties administered to New Yorkers who possess small amounts of marihuana.

SUMMARY OF PROVISIONS:

Section one of the bill would amend Penal Law § 221.10, subd. 1.

Section two of the bill would make such amendment effective 90 days after the bill becomes law.

EXISTING LAW: Currently, possession of marihuana in a public place where such marihuana is open to public view, is punishable under Penal Law 221.10 as a class B misdemeanor,

STATEMENT IN SUPPORT: This bill ensures that personal possession of marihuana remains an offense, but that the penalties are evenly administered. Public possession of very small amounts of marihuana will be punished the same as private possession of the same amount. However, the law with respect to individuals who smoke or burn marihuana in public will remain the same; such offenders will still be subject to class B misdemeanor penalties.

LEGISLATIVE HISTORY: 2012-A10581 Rules (Jeffries)

BUDGET IMPLICATIONS: This bill has no fiscal impact on the State.

EFFECTIVE DATE: This bill would take effect 90 days after it becomes law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3105 2013-2014 Regular Sessions IN SENATE January 30, 2013 ___________
Introduced by Sens. SQUADRON, ADAMS, AVELLA, GIANARIS, HASSELL-THOMPSON, KRUEGER, MONTGOMERY, PARKER, PERKINS, RIVERA, SAMPSON, SERRANO, STAVI- SKY -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Codes AN ACT to amend the penal law, in relation to criminal possession of marihuana in the fifth degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 2. This act shall take effect on the ninetieth day after it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus