| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2014 |
referred to codes |
| May 01, 2013 |
print number 3105a |
| May 01, 2013 |
amend and recommit to codes |
| Mar 15, 2013 |
notice of committee consideration - requested |
| Jan 30, 2013 |
referred to codes |
Senate Bill S3105A
2013-2014 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
Bill Amendments
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D, WF) 12th Senate District
(D, WF) Senate District
2013-S3105 - Details
2013-S3105 - 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
2013-S3105 - Bill Text download pdf
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
(D) Senate District
(D) Senate District
(D, WF) Senate District
(D, WF) 12th Senate District
2013-S3105A (ACTIVE) - Details
2013-S3105A (ACTIVE) - 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
2013-S3105A (ACTIVE) - Bill Text download pdf
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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