Bill Text: NY S03105 | 2013-2014 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S03105 Detail]

Download: New_York-2013-S03105-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3105--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   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:
    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, and such marihuana is burning [or open to public view]; or
    9    2.    ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES OR SUBSTANCES
   10  CONTAINING  MARIHUANA  AND  THE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
   11  SUBSTANCES  ARE  OF  AN  AGGREGATE WEIGHT OF MORE THAN FIFTEEN GRAMS AND
   12  SUCH POSSESSION IS IN A PUBLIC PLACE, AS DEFINED IN  SECTION  240.00  OF
   13  THIS  CHAPTER,  AND SUCH PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES
   14  ARE OPEN TO PUBLIC VIEW; OR
   15    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
   16  containing  marihuana  and  the  preparations,  compounds,  mixtures  or
   17  substances are of an aggregate weight of more than twenty-five grams.
   18    Criminal possession of marihuana in the fifth  degree  is  a  class  B
   19  misdemeanor.
   20    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