The New York State Senate

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

                                  7620

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 11, 2011
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Codes

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
follows:
  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
misdemeanor.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11391-02-1