Relates to the offense of criminal possession of marihuana in the fifth degree.
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 immediately.
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 immediately.
STATE OF NEW YORK ________________________________________________________________________ 3105--A 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 FIFTEEN GRAMS AND SUCH POSSESSION IS IN A PUBLIC PLACE, AS DEFINED IN SECTION 240.00 OF THIS CHAPTER, AND SUCH PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE OPEN TO PUBLIC VIEW; OR 3. 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 immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02871-03-3