Bill Text: NY S00172 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 172 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CODES [S00172 Detail]

Download: New_York-2015-S00172-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          172
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by Sen. SQUADRON -- 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  S 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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01071-01-5