Assembly Bill A6600

2017-2018 Legislative Session

Relates to unlawful possession of marihuana

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A6600 (ACTIVE) - Details

See Senate Version of this Bill:
S3564
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §221.05, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S1582

2017-A6600 (ACTIVE) - Summary

Relates to unlawful possession of marihuana sentencing; provides for either a fine or community service.

2017-A6600 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6600
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2017
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the penal law, in relation to unlawful possession of
   marihuana
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 221.05 of the penal law, as added by chapter 360 of
 the laws of 1977, is amended to read as follows:
 § 221.05 Unlawful possession of marihuana.
   A  person  is guilty of unlawful possession of marihuana when he know-
 ingly and unlawfully possesses marihuana.
   Unlawful possession of marihuana is a violation [punishable only by  a
 fine  of not more than one hundred dollars. However, where] AND SHALL BE
 SENTENCED IN ACCORDANCE WITH THE FOLLOWING:
   1. FOR A FIRST VIOLATION, THE COURT SHALL ORDER PAYMENT OF A  FINE  OF
 NOT MORE THAN ONE HUNDRED DOLLARS. WHERE A DEFENDANT IS UNDER THE AGE OF
 EIGHTEEN,  THE  COURT SHALL ORDER PAYMENT OF A FINE OF NOT MORE THAN ONE
 HUNDRED DOLLARS OR AN APPROPRIATE AMOUNT OF  COMMUNITY  SERVICE  NOT  TO
 EXCEED TWENTY HOURS.
   2.  WHERE  the  defendant  has previously been convicted of an offense
 defined in this article or article 220 of this chapter, committed within
 the three years immediately  preceding  such  violation,  [it  shall  be
 punishable  (a)  only by a fine of not more than two hundred dollars, if
 the defendant was previously convicted of  one  such  offense  committed
 during such period, and (b) by a fine of not more than two hundred fifty
 dollars or a term of imprisonment not in excess of fifteen days or both,
 if the defendant was previously convicted of two such offenses committed
 during  such period] THE COURT SHALL ORDER PAYMENT OF A FINE OF NOT MORE
 THAN TWO HUNDRED DOLLARS. WHERE A DEFENDANT IS UNDER THE  AGE  OF  EIGH-
 TEEN,  THE  COURT  SHALL  ORDER  PAYMENT  OF A FINE OF NOT MORE THAN TWO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00632-04-7
              

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