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.