Assembly Bill A678

2017-2018 Legislative Session

Relates to standardizing penalties associated with marihuana possession

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A678 (ACTIVE) - Details

See Senate Version of this Bill:
S7589
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§221.05 & 221.10, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7620, S5187
2013-2014: A5998, S3315
2015-2016: A3744, S2049
2019-2020: A2581, S2173
2021-2022: A4028, S3935

2017-A678 (ACTIVE) - Summary

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

2017-A678 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    678
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
   Committee on Codes
 
 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:

   Section 1. The opening paragraph of section 221.05 of the  penal  law,
 as  added  by  chapter  360  of  the laws of 1977, is amended to read as
 follows:
   A person is guilty of unlawful possession of marihuana when he OR  SHE
 knowingly and unlawfully possesses marihuana.
   § 2. 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.] 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.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04315-01-7

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