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Assembly Bill A498

2009-2010 Legislative Session

Relates to the criminal sale of marihuana in the third and fourth degrees

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Archive: Last Bill Status - In Assembly Committee

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2009-A498 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง221.40 & 221.45, Pen L

2009-A498 (ACTIVE) - Summary

Relates to the criminal sale of marihuana in the third and fourth degrees; expands the definition of these crimes to include individuals who have prior convictions of related offenses.

2009-A498 (ACTIVE) - Sponsor Memo

2009-A498 (ACTIVE) - Bill Text download pdf 

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

                                   498

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. JOHN -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to the criminal sale of mari-
  huana

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 221.40 of the penal law, as added by chapter 360 of
the laws of 1977, is amended to read as follows:
S 221.40 Criminal sale of marihuana in the fourth degree.
  A  person is guilty of criminal sale of marihuana in the fourth degree
when he OR SHE:
  1. knowingly and unlawfully sells  marihuana  except  as  provided  in
section 221.35 of this article; OR
  2.  COMMITS  THE  OFFENSE  OF  CRIMINAL SALE OF MARIHUANA IN THE FIFTH
DEGREE IN VIOLATION OF SECTION 221.35 OF  THIS  ARTICLE,  AND  HAS  BEEN
PREVIOUSLY  CONVICTED  WITHIN  THE  LAST  FIVE  YEARS  OF VIOLATING THIS
SECTION OR SECTION 221.35, 221.45, 221.50, OR 221.55 OF THIS ARTICLE.
  Criminal sale of marihuana in the fourth degree is a class A misdemea-
nor.
  S 2. Section 221.45 of the penal law, as amended by chapter 265 of the
laws of 1979, the opening paragraph as amended by chapter 75 of the laws
of 1995, is amended to read as follows:
S 221.45 Criminal sale of marihuana in the third degree.
  A person is guilty of criminal sale of marihuana in the  third  degree
when he OR SHE:
  1. knowingly and unlawfully sells 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; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02488-01-9

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