Senate Bill S482

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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-S482 (ACTIVE) - Details

See Assembly Version of this Bill:
A622
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §221.10, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S3105, A10175
2015-2016: S172, A6218
2019-2020: A2544

2017-S482 (ACTIVE) - Summary

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

2017-S482 (ACTIVE) - Sponsor Memo

2017-S482 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    482
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. SQUADRON, AVELLA, GIANARIS, HOYLMAN, RIVERA -- 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:
 § 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00853-01-7

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