senate Bill S3105

Amended

Relates to the offense of criminal possession of marihuana in the fifth degree

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 30 / Jan / 2013
    • REFERRED TO CODES
  • 15 / Mar / 2013
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 01 / May / 2013
    • AMEND AND RECOMMIT TO CODES
  • 01 / May / 2013
    • PRINT NUMBER 3105A
  • 08 / Jan / 2014
    • REFERRED TO CODES

Summary

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

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Bill Details

Versions:
S3105
S3105A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §221.10, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
A10581

Sponsor Memo

BILL NUMBER:S3105

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 90 days
after the bill becomes law.

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 adminis-
tered. 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 90 days after it becomes
law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3105

                       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

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 twenty-five grams.
  Criminal possession of marihuana in the fifth  degree  is  a  class  B
misdemeanor.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02871-01-3

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