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Assembly Bill A4028

2021-2022 Legislative Session

Standardizes penalties associated with marihuana possession

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Archive: Last Bill Status - Stricken

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2021-A4028 (ACTIVE) - Details

See Senate Version of this Bill:
S3935
Law Section:
Penal Law
Laws Affected:
Amd §§221.05 & 221.10, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7620, S5187
2013-2014: A5998, S3315
2015-2016: A3744, S2049
2017-2018: A678, S7589
2019-2020: A2581, S2173

2021-A4028 (ACTIVE) - Summary

Relates to standardizing penalties associated with marihuana possession; makes unlawful possession of small amounts of marihuana a violation punishable by a fine.

2021-A4028 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4028
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by M. of A. RODRIGUEZ, GOTTFRIED -- Multi-Sponsored by -- M.
   of A. LUPARDO, SIMON -- read once and referred  to  the  Committee  on
   Codes
 
 AN  ACT  to  amend  the  penal law, in relation to standardize penalties
   associated with marihuana possession
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph of section 221.05 of the penal law,
 as amended by chapter 131 of the laws of 2019, is  amended  to  read  as
 follows:
   A  person  is guilty of unlawful possession of marihuana in the second
 degree when he OR SHE knowingly and unlawfully possesses marihuana.
   § 2. Section 221.10 of the penal law, as amended by chapter 131 of the
 laws of 2019, is amended to read as follows:
 § 221.10 Unlawful possession of marihuana in the first degree.
   A person is guilty of unlawful possession of marihuana  in  the  first
 degree  when  he  OR  SHE knowingly and unlawfully possesses 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 one ounce.
   Unlawful  possession  of  marihuana in the first degree is a violation
 punishable only by a fine of not more than two hundred dollars.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03027-01-1

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