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SB3315 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3315
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    January 31, 2013
                                       ___________
 
        Introduced  by  Sens.  HASSELL-THOMPSON, ADAMS, AVELLA, DILAN, GIANARIS,
          KRUEGER,  MONTGOMERY,  PARKER,  PERKINS,  RIVERA,  SERRANO,  SQUADRON,
          STAVISKY  --  read  twice  and ordered printed, and when printed to be
          committed to the Committee on Alcoholism and Drug Abuse
 
        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:
 
     1    Section 1. The opening paragraph of section 221.05 of the  penal  law,
     2  as  added  by  chapter  360  of  the laws of 1977, is amended to read as
     3  follows:
     4    A person is guilty of unlawful possession of marihuana when he or  she
     5  knowingly and unlawfully possesses marihuana.
     6    § 2. Section 221.10 of the penal law, as amended by chapter 265 of the
     7  laws  of  1979 and subdivision 2 as amended by chapter 75 of the laws of
     8  1995, is amended to read as follows:
     9  § 221.10 Criminal possession of marihuana in the fifth degree.
    10    A person is guilty of criminal possession of marihuana  in  the  fifth
    11  degree when he or she knowingly and unlawfully possesses[:

    12    1.  marihuana  in a public place, as defined in section 240.00 of this
    13  chapter, and such marihuana is burning or open to public view; or
    14    2.] one  or  more  preparations,  compounds,  mixtures  or  substances
    15  containing  marihuana  and  the  preparations,  compounds,  mixtures  or
    16  substances are of an aggregate weight of more than twenty-five grams.
    17    Criminal possession of marihuana in the fifth  degree  is  a  class  B
    18  misdemeanor.
    19    § 3. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02873-01-3
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