BILL NUMBER: S7589

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the penal law, in relation to stand-
ardize 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 stand-
ardize penalties for unlawful possession of marihuana.

 
JUSTIFICATION:

In 1977, the Legislature made possession of 25 grams or less of marihua-
na a violation punishable by a fine and classified possession in public
view a misdemeanor. This was an effort to decriminalize private marihua-
              

na possession; however, this distinction created a loophole that has
resulted in the unequal enforcement of the law.

Studies in New York City have shown that over the last two decades, many
arrested individuals were not smoking in public, but had a small amount
of marihuana, which is not a criminal offense. After being subject to
illegal searches by the New York Police department (NYPD) or given
directives to empty their pockets or open their bags, the discovery of
marihuana by police resulted in misdemeanor arrest for possession in
public view. Heavily criticized stop and frisk practices consequently
result in a shift of enforcement: small possession becomes treated as a
misdemeanor rather than a violation.  These practices disproportionately
affect populations most susceptible to being stopped by the police.

Despite evidence that different populations across New York State use
marihuana at equal rates, in 2015, 83% of individuals arrested for mari-
huana possession were Black or Latino - many of whom have never been
arrested before. As reported by the American Civil Liberties Union,
"rates of arrest for Black people are 7.75 times higher in Onondaga
County, 7.56 times higher in Niagara County, 6.5 times higher in Monroe
County and 5.66 times higher in Erie County."  According to The Drug
Policy Alliance, Buffalo, Syracuse and New York City have some of the
highest racial disparities in arrests in the country.

By eliminating the public view provision, this legislation will ensure
that possession of 25 grams or less of marihuana will result in fines
rather than misdemeanor arrests, allowing for a more standardized and
equitable enforcement.

 
PRIOR LEGISLATIVE HISTORY:

2011-12: S.5187/A.7620(Jeffries) - Referred to Codes
2013-14: S.3315/A.5998(Camara) - Referred to Alcoholism and Drug Abuse
2015-16: S.2049/A.3744(Rodriguez) - Referred to Codes

 
IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.