Bill Text: NY S02173 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 2173 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE [S02173 Detail]

Download: New_York-2019-S02173-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          2173
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 23, 2019
                                       ___________
        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Alcoholism  and  Substance
          Abuse
        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:
     1    Section  1.  The opening paragraph of section 221.05 of the penal law,
     2  as added by chapter 360 of the laws of  1977,  is  amended  to  read  as
     3  follows:
     4    A  person is guilty of unlawful possession of marihuana when he or she
     5  knowingly and unlawfully possesses marihuana.
     6    § 2. Section 221.10 of the penal law, as amended by chapter 265 of the
     7  laws of 1979 and subdivision 2 as amended by chapter 75 of the  laws  of
     8  1995, is amended to read as follows:
     9  § 221.10 Criminal possession of marihuana in the fifth degree.
    10    A  person  is  guilty of criminal possession of marihuana in the fifth
    11  degree when he or she knowingly and unlawfully possesses[:
    12    1. marihuana in a public place, as defined in section 240.00  of  this
    13  chapter, and such marihuana is burning or open to public view; or
    14    2.]  one  or  more  preparations,  compounds,  mixtures  or substances
    15  containing  marihuana  and  the  preparations,  compounds,  mixtures  or
    16  substances are of an aggregate weight of more than twenty-five grams.
    17    Criminal  possession  of  marihuana  in  the fifth degree is a class B
    18  misdemeanor.
    19    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05622-01-9