NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6716A
SPONSOR: Camara (MS) 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 bring-
ing fairness and consistency in the penalties administered to New York-
ers who possess small amounts of marihuana.
SUMMARY OF PROVISIONS:
Section one of the bill would amend Penal Law § 221.10 to create a new
subdivision and provide that possession of less than 15 grams of mari-
huana in a public place and open to public view is punishable in the
same manner as private possession.
Section two of the bill is the effective date.
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.
STATEMENT IN SUPPORT: This bill ensures that personal possession of
marihuana remains an offense, but that the penalties are evenly adminis-
tered. Public. possession of very small amounts of marihuana will be
punished the same as private possession of the same amount. However, the
law with respect to individuals who smoke or burn marihuana in public
will remain the same; such offenders will still be subject to class B
misdemeanor penalties.
LEGISLATIVE HISTORY: 2012-A10581 Rules (Jeffries)
BUDGET IMPLICATIONS: This bill has no fiscal impact on the State.
EFFECTIVE DATE: This bill would take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6716--A
2013-2014 Regular Sessions
IN ASSEMBLY
April 17, 2013
___________
Introduced by M. of A. CAMARA, SILVER, LENTOL, RODRIGUEZ, WEPRIN,
WRIGHT, PEOPLES-STOKES, GOTTFRIED, JAFFEE, O'DONNELL, DenDEKKER,
GLICK, HEASTIE, HEVESI, DINOWITZ, GALEF, KELLNER, LAVINE, AUBRY, STEV-
ENSON, ROBERTS, GIBSON, PERRY, BRAUNSTEIN, BOYLAND, ROSENTHAL,
FARRELL, ORTIZ, MOYA, JACOBS, ABINANTI, BENEDETTO, BRENNAN, CLARK,
COOK, CRESPO, LIFTON, LUPARDO, MILLER, MILLMAN, PRETLOW, SCARBOROUGH,
SCHIMEL, TITONE, TITUS, SEPULVEDA -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 § 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 fifteen grams and
12 such possession is in a public place, as defined in section 240.00 of
13 this chapter, and such preparations, compounds, mixtures or substances
14 are open to public view; or
15 3. one or more preparations, compounds, mixtures or substances
16 containing marihuana and the preparations, compounds, mixtures or
17 substances are of an aggregate weight of more than twenty-five grams.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02871-02-3
A. 6716--A 2
1 Criminal possession of marihuana in the fifth degree is a class B
2 misdemeanor.
3 § 2. This act shall take effect immediately.
