Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2017 |
referred to codes |
Senate Bill S482
2017-2018 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
(D, WF) 12th Senate District
(D, WF) 47th Senate District
(D, WF) 33rd Senate District
2017-S482 (ACTIVE) - Details
2017-S482 (ACTIVE) - Sponsor Memo
BILL NUMBER: S482 TITLE OF BILL : An act to amend the penal law, in relation to criminal possession of marihuana in the fifth degree PURPOSE : The purpose of this bill is to keep New York safe by bringing fairness and consistency in the penalties administered to New Yorkers who possess small amounts of marihuana. SUMMARY OF PROVISIONS : Section one of the bill amends section 221.10 of the penal law the penal law so that possession of small amounts of marijuana that is not burning is no longer a crime. Section two of the bill would make such amendment effective immediately. EXISTING LAW : Currently, possession of marihuana in a public place where such marihuana is open to public view, is punishable under Penal Law 221.10 as a class B misdemeanor.
2017-S482 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 482 2017-2018 Regular Sessions I N S E N A T E (PREFILED) January 4, 2017 ___________ Introduced by Sens. SQUADRON, AVELLA, GIANARIS, HOYLMAN, RIVERA -- read twice and ordered printed, and when printed to be committed 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: § 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] PART, 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 FIFTEEN GRAMS AND SUCH POSSESSION IS IN A PUBLIC PLACE, AS DEFINED IN SECTION 240.00 OF THIS PART, AND SUCH PREPARATIONS, COMPOUNDS, MIXTURES OR SUBSTANCES ARE 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 twenty-five grams. Criminal possession of marihuana in the fifth degree is a class B misdemeanor. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00853-01-7
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