S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 31, 2013
Introduced by Sens. HASSELL-THOMPSON, ADAMS, AVELLA, DILAN, GIANARIS,
KRUEGER, MONTGOMERY, PARKER, PERKINS, RIVERA, SERRANO, SQUADRON,
STAVISKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Alcoholism and Drug Abuse
AN ACT to amend the penal law, in relation to standardize penalties
associated with marihuana possession
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of section 221.05 of the penal law,
as added by chapter 360 of the laws of 1977, is amended to read as
A person is guilty of unlawful possession of marihuana when he OR SHE
knowingly and unlawfully possesses marihuana.
S 2. 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
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.