BILL NUMBER:  S4708

 TITLE OF BILL :  An act to amend the penal law, in relation to
criminal possession of marihuana in the fifth degree

 PURPOSE :

To remove the public view provision from criminal possession of
marihuana in the fifth degree.

 SUMMARY OF PROVISIONS :

Section 1 amends subdivision 1 of section 221.10 of the penal law, as
amended by chapter 265 of the laws of 1979, providing possession of
marihuana in public view is no longer an element of this offense.

Section 2 provides this act shall take effect immediately.

 EXISTING LAW :

Criminal possession of marihuana in the fifth degree is defined as
knowingly and unlawfully possessing marihuana in a public place, and
such marihuana is burning or open to public view; or substances
containing marihuana that in the aggregate weigh more than twenty-five
grams.

              

 JUSTIFICATION :

While possessing small amounts of marihuana has been decriminalized,
it is still a criminal offense to possess small amounts of marihuana
in the so-called public view. This has been infamously described as
the "Dumbest Drug Law in America." Its shortcoming becomes especially
clear upon consideration of practice: if a police officer asks someone
to empty his or her pocket, and it contains a small amount of
marihuana, complying with the officer's request puts the marihuana in
public view and subjects the person to a criminal record.

This has a disparate impact in communities of color. Though it has
been shown that people use marihuana at similar rates across community
lines, minorities are disproportionately charged with such offenses.
It is time to stop unnecessarily saddling young men and women with
criminal records, which limits their potential and has a far reaching
negative impact on our state.

 LEGISLATIVE HISTORY :

04/08/16 REFERRED TO CODES

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.