Relates to the criminal sale of marihuana in the third and fourth degrees

BILL NUMBER:A498

Title of bill

An act to amend the penal law, in relation to the crimi- nal sale of marihuana

Purpose or general idea of bill

To add to criminal sale of marihuana in the fourth degree repeated offenses of criminal sale of marihuana in the fifth degree when the second violation occurs within five years.

Summary of specific provisions

Sections 1 and 2 amend sections 221.40 and 221.45 of the penal law to add the offense of criminal sale of mari- huana in the fourth degree when a second violation of 221.35 of this article occurs within five years.

Justification

In December 2001, Rochester Mayor Bill Johnson and Rochester Police Chief Bob Duffy convened a community drug summit. The Summit was initiated because of the increasing link between homicides and drug activity. While it is commonly believed that cocaine and other controlled substances are the root of violence related drug activity, the Rochester Police Department has documented a trail of gun running, violent deaths, and marihuana trafficking. A federal coordinated task force identified and helped convict some of the players central to this violence. Nevertheless, street marihuana sales and activity that jeop- ardizes the safety of senior citizens and family neighborhoods contin- ues. These violent actors continue to impact upstate communities through increased violent activity and street trafficking. Consequently, the Summit has requested a package of legislative changes to provide addi- tional tools to address these violent actors involved in street level marihuana sales. This proposal is one of the requested changes.

Prior legislative history

A.11843 of 2002: Codes. A.19 of 2003-04: Codes. A.1637 of 2005-06: Codes; A.2081 OF 2007-08 Held for Consideration

Fiscal implications

None.

Effective date

This bill shall take effect on the first of November next succeeding the date on which it shall have become law.