Bill Text: NY S05803 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the crime of criminal possession of marihuana in a public place.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-14 - RECOMMIT, ENACTING CLAUSE STRICKEN [S05803 Detail]

Download: New_York-2013-S05803-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5803
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 15, 2013
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       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.  MARIHUANA  IN A PUBLIC PLACE, AS DEFINED IN SECTION 240.00 OF THIS
   10  CHAPTER, AND SUCH MARIHUANA IS OPEN TO PUBLIC VIEW; OR
   11    3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
   12  CONTAINING  MARIHUANA  AND  THE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR
   13  SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF MORE  THAN  FIFTEEN  GRAMS  AND
   14  SUCH  POSSESSION  IS  IN A PUBLIC PLACE, AS DEFINED IN SECTION 240.00 OF
   15  THIS CHAPTER, AND SUCH PREPARATIONS, COMPOUNDS, MIXTURES  OR  SUBSTANCES
   16  ARE OPEN TO PUBLIC VIEW; OR
   17    4.  one  or  more  preparations,  compounds,  mixtures  or  substances
   18  containing  marihuana  and  the  preparations,  compounds,  mixtures  or
   19  substances are of an aggregate weight of more than twenty-five grams.
   20    PROVIDED, HOWEVER, THAT A PERSON SHALL NOT BE GUILTY UNDER SUBDIVISION
   21  TWO OF THIS SECTION IF SUCH POSSESSION IS IN A CITY WITH A POPULATION OF
   22  MORE  THAN  ONE  MILLION WHERE SUCH CITY, ACTING THROUGH ITS LEGISLATIVE
   23  BODY, HAS ADOPTED A LOCAL LAW,  ORDINANCE  OR  RESOLUTION  DEEMING  SUCH
   24  POSSESSION TO BE A VIOLATION UNDER SECTION 221.05 OF THIS ARTICLE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11532-01-3
       S. 5803                             2
    1    Criminal  possession  of  marihuana  in  the fifth degree is a class B
    2  misdemeanor.
    3    S  2.  This  act shall take effect on the ninetieth day after this act
    4  shall have become a law.