Bill Text: NY S00482 | 2017-2018 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2017-01-04 - REFERRED TO CODES [S00482 Detail]

Download: New_York-2017-S00482-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           482
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by Sens. SQUADRON, AVELLA, GIANARIS, HOYLMAN, RIVERA -- read
          twice and ordered printed, and when printed to  be  committed  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:
     1    Section  1. Section 221.10 of the penal law, as amended by chapter 265
     2  of the laws of 1979 and subdivision 2 as amended by chapter  75  of  the
     3  laws of 1995, is amended to read as follows:
     4  § 221.10 Criminal possession of marihuana in the fifth degree.
     5    A  person  is  guilty of criminal possession of marihuana in the fifth
     6  degree when he or she knowingly and unlawfully possesses:
     7    1. marihuana in a public place, as defined in section 240.00  of  this
     8  [chapter]  part, and such marihuana is burning [or open to public view];
     9  or
    10    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
    11  containing  marihuana  and  the  preparations,  compounds,  mixtures  or
    12  substances are of an aggregate weight of more  than  fifteen  grams  and
    13  such  possession  is  in a public place, as defined in section 240.00 of
    14  this part, and such preparations, compounds, mixtures or substances  are
    15  open to public view; or
    16    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
    17  containing  marihuana  and  the  preparations,  compounds,  mixtures  or
    18  substances are of an aggregate weight of more than twenty-five grams.
    19    Criminal  possession  of  marihuana  in  the fifth degree is a class B
    20  misdemeanor.
    21    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00853-01-7