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Senate Bill S172

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2015-S172 (ACTIVE) - Details

See Assembly Version of this Bill:
A6219
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง221.10, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A10581
2013-2014: S3105, A6716
2017-2018: S482

2015-S172 (ACTIVE) - Summary

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

2015-S172 (ACTIVE) - Sponsor Memo

2015-S172 (ACTIVE) - Bill Text download pdf 

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

                                   172

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed 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] PART, 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  PART, 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.
                                                           LBD01071-01-5

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