S T A T E O F N E W Y O R K
________________________________________________________________________
10581
I N A S S E M B L Y
June 6, 2012
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jeffries,
Silver, Lentol, Rodriguez, Wright, Peoples-Stokes, Gottfried, Jaffee,
O'Donnell, Aubry, Stevenson, Roberts, Gibson, Perry, Braunstein,
Boyland, Rosenthal, Farrell, Camara, Ortiz, Abinanti, Benedetto, Bren-
nan, Castro, Clark, Cook, Crespo, DenDekker, Dinowitz, Galef, Glick,
Heastie, Hevesi, Kellner, Lavine, Lifton, Linares, Lupardo, M. Miller,
Morelle, Moya, Pretlow, Reilly, P. Rivera, Scarborough, Schimel,
Titone) -- (at request of the Governor) -- read once and referred 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.
A LBD12131-01-2