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    This document is a bill introduced in the New York State Senate that proposes amending penal law regarding criminal possession of marijuana in the fifth degree. The key points are: 1) It proposes adding a new subdivision to specify that possession of marijuana in a public place where it is open to public view would constitute a violation. 2) It contains an exception stating that possession would not be a violation if it occurred in a city with over 1 million people that has adopted a local law designating such possession as a violation rather than misdemeanor. 3) If passed, the amendments to the penal law would take effect 90 days after becoming law.

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    This document is a bill introduced in the New York State Senate that proposes amending penal law regarding criminal possession of marijuana in the fifth degree. The key points are: 1) It proposes adding a new subdivision to specify that possession of marijuana in a public place where it is open to public view would constitute a violation. 2) It contains an exception stating that possession would not be a violation if it occurred in a city with over 1 million people that has adopted a local law designating such possession as a violation rather than misdemeanor. 3) If passed, the amendments to the penal law would take effect 90 days after becoming law.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    17 views2 pages

    PDFBT

    Uploaded by

    Jon Campbell
    This document is a bill introduced in the New York State Senate that proposes amending penal law regarding criminal possession of marijuana in the fifth degree. The key points are: 1) It proposes adding a new subdivision to specify that possession of marijuana in a public place where it is open to public view would constitute a violation. 2) It contains an exception stating that possession would not be a violation if it occurred in a city with over 1 million people that has adopted a local law designating such possession as a violation rather than misdemeanor. 3) If passed, the amendments to the penal law would take effect 90 days after becoming law.

    Copyright:

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    of 2

    STATE OF NEW YORK

    ________________________________________________________________________

    5803

    2013-2014 Regular Sessions

    IN SENATE
    June 15, 2013
    ___________

    Introduced by Sen. KLEIN -- read twice and ordered printed, and when
    printed to be committed to the Committee on Rules

    AN ACT to amend the penal law, in relation


    marihuana in the fifth degree

    to

    criminal

    possession

    of

    The People of the State of New York, represented in Senate and Assem______________________________________________________________________
    _________________________
    bly,
    do enact as follows:
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    Section 1. Section 221.10 of the penal law, as amended by chapter 265


    of the laws of 1979 and subdivision 2 as amended by chapter 75 of the
    laws of 1995, is amended to read as follows:
    221.10 Criminal possession of marihuana in the fifth degree.
    A person is guilty of criminal possession of marihuana in the fifth
    degree when he ______
    or she knowingly and unlawfully possesses:
    1. marihuana in a public place, as defined in section 240.00 of this
    chapter, and such marihuana is burning [or open to public view]; or
    2. __________________________________________________________________
    marihuana in a public place, as defined in section 240.00 of this
    ______________________________________________________
    chapter, and such marihuana is open to public view; or
    ______________________________________________________________________
    3. 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 fifteen grams and
    ________________________________________________________________________
    such possession is in a public place, as defined in section 240.00 of
    ________________________________________________________________________
    this chapter, and such preparations, compounds, mixtures or substances
    ___________________________
    are open to public view; or
    __
    4. 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 twenty-five grams.
    ______________________________________________________________________
    Provided, however, that a person shall not be guilty under subdivision
    ________________________________________________________________________
    two of this section if such possession is in a city with a population of
    ________________________________________________________________________
    more than one million where such city, acting through its legislative
    ________________________________________________________________________
    body, has adopted a local law, ordinance or resolution deeming such
    __________________________________________________________________
    possession to be a violation under section 221.05 of this article.

    EXPLANATION--Matter in _______
    italics (underscored) is new; matter in brackets
    [ ] is old law to be omitted.
    LBD11532-01-3

    AB

    S. 5803
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    Criminal possession of marihuana in the fifth degree is a class B


    misdemeanor.
    2. This act shall take effect on the ninetieth day after this act
    shall have become a law.

    AB

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