senate Bill S3105A

2013-2014 Legislative Session

Relates to the offense of criminal possession of marihuana in the fifth degree

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
May 01, 2013 print number 3105a
amend and recommit to codes
Mar 15, 2013 notice of committee consideration - requested
Jan 30, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S3105 - Bill Details

See Assembly Version of this Bill:
A6716A
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §221.10, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A10581

S3105 - Bill Texts

view summary

Relates to the offense of criminal possession of marihuana in the fifth degree.

view sponsor memo
BILL NUMBER:S3105

TITLE OF BILL: An act to amend the penal law, in relation to criminal
possession of marihuana in the fifth degree

PURPOSE: The purpose of this bill is to keep New York safe by bringing
fairness and consistency in the penalties administered to New Yorkers
who possess small amounts of marihuana.

SUMMARY OF PROVISIONS:

Section one of the bill would amend Penal Law § 221.10, subd. 1.

Section two of the bill would make such amendment effective 90 days
after the bill becomes law.

EXISTING LAW: Currently, possession of marihuana in a public place
where such marihuana is open to public view, is punishable under Penal
Law 221.10 as a class B misdemeanor,

STATEMENT IN SUPPORT: This bill ensures that personal possession of
marihuana remains an offense, but that the penalties are evenly adminis-
tered. Public possession of very small amounts of marihuana will be
punished the same as private possession of the same amount. However, the
law with respect to individuals who smoke or burn marihuana in public
will remain the same; such offenders will still be subject to class B
misdemeanor penalties.

LEGISLATIVE HISTORY: 2012-A10581 Rules (Jeffries)

BUDGET IMPLICATIONS: This bill has no fiscal impact on the State.

EFFECTIVE DATE: This bill would take effect 90 days after it becomes
law.

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

                                  3105

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced by Sens. SQUADRON, ADAMS, AVELLA, GIANARIS, HASSELL-THOMPSON,
  KRUEGER, MONTGOMERY, PARKER, PERKINS, RIVERA, SAMPSON, SERRANO, STAVI-
  SKY  -- read twice and ordered printed, and when printed to be commit-
  ted 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.
                                                           LBD02871-01-3

Co-Sponsors

view additional co-sponsors

S3105A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6716A
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §221.10, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A10581

S3105A (ACTIVE) - Bill Texts

view summary

Relates to the offense of criminal possession of marihuana in the fifth degree.

view sponsor memo
BILL NUMBER:S3105A

TITLE OF BILL: An act to amend the penal law, in relation to criminal
possession of marihuana in the fifth degree

PURPOSE: The purpose of this bill is to keep New York safe by bringing
fairness and consistency in the penalties administered to New Yorkers
who possess small amounts of marihuana.

SUMMARY OF PROVISIONS:

Section one of the bill would amend Penal Law § 221.10, subd. 1.

Section two of the bill would make such amendment effective
immediately.

EXISTING LAW: Currently, possession of marihuana in a public place
where such marihuana is open to public view, is punishable under Penal
Law 221.10 as a class B misdemeanor.

STATEMENT IN SUPPORT: This bill ensures that personal possession of
marihuana remains an offense, but that the penalties are evenly
administered. Public possession of very small amounts of marihuana
will be punished the same as private possession of the same amount.
However, the law with respect to individuals who smoke or burn
marihuana in public will remain the same; such offenders will still be
subject to class B misdemeanor penalties.

LEGISLATIVE HISTORY: 2012-A10581 Rules (Jeffries)

BUDGET IMPLICATIONS: This bill has no fiscal impact on the State.

EFFECTIVE DATE: This bill would take effect immediately.

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

                                 3105--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced by Sens. SQUADRON, ADAMS, AVELLA, GIANARIS, HASSELL-THOMPSON,
  KRUEGER, MONTGOMERY, PARKER, PERKINS, RIVERA, SAMPSON, SERRANO, STAVI-
  SKY  -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Codes -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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 FIFTEEN GRAMS AND
SUCH POSSESSION IS IN A PUBLIC PLACE, AS DEFINED IN  SECTION  240.00  OF
THIS  CHAPTER,  AND SUCH PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES
ARE OPEN TO PUBLIC VIEW; OR
  3.  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 immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02871-03-3

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