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Senate Bill S5803

2013-2014 Legislative Session

Relates to the crime of criminal possession of marihuana in a public place

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Archive: Last Bill Status - Stricken

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2013-S5803 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd §221.10, Pen L

2013-S5803 (ACTIVE) - Summary

Relates to the crime of criminal possession of marihuana in a public place.

2013-S5803 (ACTIVE) - Sponsor Memo

2013-S5803 (ACTIVE) - Bill Text download pdf 

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

                                  5803

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 15, 2013
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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.  MARIHUANA  IN A PUBLIC PLACE, AS DEFINED IN SECTION 240.00 OF THIS
CHAPTER, AND SUCH MARIHUANA IS 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  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
  4.  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.
  PROVIDED, HOWEVER, THAT A PERSON SHALL NOT BE GUILTY UNDER SUBDIVISION
TWO OF THIS SECTION IF SUCH POSSESSION IS IN A CITY WITH A POPULATION OF
MORE  THAN  ONE  MILLION WHERE SUCH CITY, ACTING THROUGH ITS LEGISLATIVE
BODY, HAS ADOPTED A LOCAL LAW,  ORDINANCE  OR  RESOLUTION  DEEMING  SUCH
POSSESSION TO BE A VIOLATION UNDER SECTION 221.05 OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11532-01-3

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