Bill Text: NY A06493 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to persons not being charged for possession of marihuana in certain circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A06493 Detail]

Download: New_York-2015-A06493-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6493
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2015
                                      ___________
       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.
                                                                  LBD03566-01-5