STATE OF NEW YORK
________________________________________________________________________
6493
2015-2016 Regular Sessions
IN ASSEMBLY
March 25, 2015
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Introduced by M. of A. PERRY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to enacting the possession of
marihuana enforcement clarification act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 221.10 of the penal law, as
2 amended by chapter 75 of the laws of 1995, is amended to read as
3 follows:
4 2. one or more preparations, compounds, mixtures or substances
5 containing marihuana and the preparations, compounds, mixtures or
6 substances are of an aggregate weight of more than twenty-five grams;
7 provided that a person shall not be charged under this section who is
8 requested or compelled by a peace officer as defined in section 2.10 of
9 the criminal procedure law or a law enforcement officer as defined in
10 section 2.15 of the criminal procedure law or a police officer as
11 defined in subdivision thirty-four of section 1.20 of the criminal
12 procedure law to engage in behavior that results in the public display
13 of marihuana, or when the marihuana is publicly displayed pursuant to a
14 search of the subject's person or upon direction of the subject to
15 surrender the contents of his or her pockets or otherwise closed
16 container by a peace officer, law enforcement officer or police officer
17 lawfully exercising his or her duty as a police officer.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03566-01-5