|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2016||referred to codes|
|Jan 21, 2015||referred to codes|
senate Bill S2049
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2049 (ACTIVE) - Details
S2049 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2049 TITLE OF BILL: An act to amend the penal law, in relation to standardize penalties associated with marihuana possession PURPOSE: To standardize criminal penalties for unlawful possession of marihuana. SUMMARY OF SPECIFIC PROVISIONS: This bill amends sections 221.05 and 221.10 of the penal law to standardize penalties for unlawful possession of marihuana. JUSTIFICATION: In 1977, the Legislature made possession of small amounts of marihuana a violation punishable by a fine, while possession in public view was made a misdemeanor. The intent behind the law was clear. Chapter 360 of the Laws of 1977 reads: "The legislature finds that arrests, criminal prosecutions and criminal penalties are inappropriate for people who possess small quantities of marihuana for personal use. Every year, this process needlessly scars thousands of lives and waste millions of dollars in law enforcement resources, while detracting from the prosecution of serious crime."
S2049 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2049 2015-2016 Regular Sessions I N S E N A T E January 21, 2015 ___________ Introduced by Sen. HASSELL-THOMPSON -- 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 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. LBD03718-01-5
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