S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  10581
                          I N  A S S E M B L Y
                              June 6, 2012
                               ___________
Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Jeffries,
  Silver, Lentol, Rodriguez, Wright, Peoples-Stokes, Gottfried,  Jaffee,
  O'Donnell,  Aubry,  Stevenson,  Roberts,  Gibson,  Perry,  Braunstein,
  Boyland, Rosenthal, Farrell, Camara, Ortiz, Abinanti, Benedetto, Bren-
  nan, Castro, Clark, Cook, Crespo, DenDekker, Dinowitz,  Galef,  Glick,
  Heastie, Hevesi, Kellner, Lavine, Lifton, Linares, Lupardo, M. Miller,
  Morelle,  Moya,  Pretlow,  Reilly,  P. Rivera,  Scarborough,  Schimel,
  Titone) -- (at request of the Governor) -- read once and  referred  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:
  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:
S 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.  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.
  Criminal  possession  of  marihuana  in  the fifth degree is a class B
misdemeanor.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD12131-01-2