Bill Text: NY S03105 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the offense of criminal possession of marihuana in the fifth degree.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S03105 Detail]

Download: New_York-2013-S03105-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3105
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 30, 2013
                                      ___________
       Introduced by Sens. SQUADRON, ADAMS, AVELLA, GIANARIS, HASSELL-THOMPSON,
         KRUEGER, MONTGOMERY, PARKER, PERKINS, RIVERA, SAMPSON, SERRANO, STAVI-
         SKY  -- read twice and ordered printed, and when printed to be commit-
         ted to the Committee on Codes
       AN ACT to amend the penal law, in relation  to  criminal  possession  of
         marihuana in the fifth degree
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 221.10 of the penal law, as amended by chapter  265
    2  of  the  laws  of 1979 and subdivision 2 as amended by chapter 75 of the
    3  laws of 1995, is amended to read as follows:
    4  S 221.10 Criminal possession of marihuana in the fifth degree.
    5    A person is guilty of criminal possession of marihuana  in  the  fifth
    6  degree when he OR SHE knowingly and unlawfully possesses:
    7    1.  marihuana  in a public place, as defined in section 240.00 of this
    8  chapter, and such marihuana is burning [or open to public view]; or
    9    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
   10  containing  marihuana  and  the  preparations,  compounds,  mixtures  or
   11  substances are of an aggregate weight of more than twenty-five grams.
   12    Criminal possession of marihuana in the fifth  degree  is  a  class  B
   13  misdemeanor.
   14    S  2.  This  act shall take effect on the ninetieth day after it shall
   15  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02871-01-3