senate Bill S3105A

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

See Assembly Version of this Bill:
A6716A
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, A10581

Sponsor Memo

BILL NUMBER:S3105A

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
immediately.

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
administered. 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 immediately.

view bill text
                    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:

  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 FIFTEEN GRAMS AND
SUCH POSSESSION IS IN A PUBLIC PLACE, AS DEFINED IN  SECTION  240.00  OF
THIS  CHAPTER,  AND SUCH PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES
ARE OPEN TO PUBLIC VIEW; OR
  3.  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 immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02871-03-3

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