Assembly Bill A5121

2009-2010 Legislative Session

Relates to the criminal possession of marihuana in or near school grounds

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2009-A5121 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง221.10 & 221.15, Pen L

2009-A5121 (ACTIVE) - Summary

Relates to the criminal possession of marihuana in or near school grounds; prohibits possession of one or more preparations, compounds, mixtures or substances containing marihuana in or near school grounds which are of an aggregate weight of more than twelve grams for a fourth degree offense and under such weight for a fifth degree offense.

2009-A5121 (ACTIVE) - Bill Text download pdf 

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

                                  5121

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M.  of  A.  GIGLIO,  KOLB,  QUINN, BARRA, FINCH, BALL --
  Multi-Sponsored by -- M. of A. BARCLAY, BURLING, CONTE, CROUCH,  ERRI-
  GO,  McDONOUGH,  McKEVITT,  THIELE,  TOWNSEND, WALKER -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation  to  criminal  possession  of
  marihuana

  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, 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[.];
OR
  3.  ONE  OR  MORE  PREPARATIONS,  COMPOUNDS,  MIXTURES  OR  SUBSTANCES
CONTAINING  MARIHUANA  IN  OR  NEAR SCHOOL GROUNDS AND THE PREPARATIONS,
COMPOUNDS, MIXTURES OR SUBSTANCES ARE OF AN AGGREGATE WEIGHT OF NOT MORE
THAN TWELVE GRAMS.
  Criminal possession of marihuana in the fifth  degree  is  a  class  B
misdemeanor.
  S 2. Section 221.15 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 221.15 Criminal possession of marihuana in the fourth degree.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00680-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.