Bill Text: NY A05983 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for the enactment of the possession of marihuana clarification act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-06-09 - held for consideration in codes [A05983 Detail]
Download: New_York-2013-A05983-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5983 2013-2014 Regular Sessions I N A S S E M B L Y March 12, 2013 ___________ 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: 1 Section 1. Subdivision 2 of section 221.10 of the penal law, as 2 amended by chapter 75 of the laws of 1995, is amended to read as 3 follows: 4 2. one or more preparations, compounds, mixtures or substances 5 containing marihuana and the preparations, compounds, mixtures or 6 substances are of an aggregate weight of more than twenty-five grams; 7 PROVIDED THAT A PERSON SHALL NOT BE CHARGED UNDER THIS SECTION WHO IS 8 REQUESTED OR COMPELLED BY A PEACE OFFICER AS DEFINED IN SECTION 2.10 OF 9 THE CRIMINAL PROCEDURE LAW OR A LAW ENFORCEMENT OFFICER AS DEFINED IN 10 SECTION 2.15 OF THE CRIMINAL PROCEDURE LAW OR A POLICE OFFICER AS 11 DEFINED IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL 12 PROCEDURE LAW TO ENGAGE IN BEHAVIOR THAT RESULTS IN THE PUBLIC DISPLAY 13 OF MARIHUANA, OR WHEN THE MARIHUANA IS PUBLICLY DISPLAYED PURSUANT TO A 14 SEARCH OF THE SUBJECT'S PERSON OR UPON DIRECTION OF THE SUBJECT TO 15 SURRENDER THE CONTENTS OF HIS OR HER POCKETS OR OTHERWISE CLOSED 16 CONTAINER BY A PEACE OFFICER, LAW ENFORCEMENT OFFICER OR POLICE OFFICER 17 LAWFULLY EXERCISING HIS OR HER DUTY AS A POLICE OFFICER. 18 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00100-01-3