S T A T E O F N E W Y O R K
________________________________________________________________________
13
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to enacting the possession of
marihuana enforcement clarification act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 221.10 of the penal law, as
amended by chapter 75 of the laws of 1995, is amended to read as
follows:
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;
PROVIDED THAT A PERSON SHALL NOT BE CHARGED UNDER THIS SECTION WHO IS
REQUESTED OR COMPELLED BY A PEACE OFFICER AS DEFINED IN SECTION 2.10 OF
THE CRIMINAL PROCEDURE LAW OR A LAW ENFORCEMENT OFFICER AS DEFINED IN
SECTION 2.15 OF THE CRIMINAL PROCEDURE LAW OR A POLICE OFFICER AS
DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW TO ENGAGE IN BEHAVIOR THAT RESULTS IN THE PUBLIC DISPLAY
OF MARIHUANA, OR WHEN THE MARIHUANA IS PUBLICLY DISPLAYED PURSUANT TO A
SEARCH OF THE SUBJECT'S PERSON OR UPON DIRECTION OF THE SUBJECT TO
SURRENDER THE CONTENTS OF HIS OR HER POCKETS OR OTHERWISE CLOSED
CONTAINER BY A PEACE OFFICER, LAW ENFORCEMENT OFFICER OR POLICE OFFICER
LAWFULLY EXERCISING HIS OR HER DUTY AS A POLICE OFFICER.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02507-01-9