Relates to standardizing penalties associated with marihuana possession; makes unlawful possession of small amounts of marihuana a violation punishable by a fine.
STATE OF NEW YORK
________________________________________________________________________
3935
2021-2022 Regular Sessions
IN SENATE
February 1, 2021
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Substance
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 amended by chapter 131 of the laws of 2019, is amended to read as
3 follows:
4 A person is guilty of unlawful possession of marihuana in the second
5 degree when he or she knowingly and unlawfully possesses marihuana.
6 § 2. Section 221.10 of the penal law, as amended by chapter 131 of the
7 laws of 2019, is amended to read as follows:
8 § 221.10 Unlawful possession of marihuana in the first degree.
9 A person is guilty of unlawful possession of marihuana in the first
10 degree when he or she knowingly and unlawfully possesses one or more
11 preparations, compounds, mixtures or substances containing marihuana and
12 the preparations, compounds, mixtures or substances are of an aggregate
13 weight of more than one ounce.
14 Unlawful possession of marihuana in the first degree is a violation
15 punishable only by a fine of not more than two hundred dollars.
16 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03027-01-1
