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A06716 Summary:

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A06716 Floor Votes:

A06716 Text:

 
                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.