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S5803Senate2013-2014 Session

Relates to the crime of criminal possession of marihuana in a public place

Sponsor Jeffrey D. KleinSD-34+2 co-sponsorsAffects Legal
Status
Stricken
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Jeffrey D. Klein

Senator · Senate District 34

History

  1. Recommit, enacting clause stricken
  2. Referred to codes
  3. Referred to rules

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S5803

Title of bill

An act to amend the penal law, in relation to criminal possession of marihuana in the fifth degree

Purpose or general idea of bill

Decriminalizes "open view" possession of marihuana weighing less than 15 grams in New York City after passage of local law, resolution or ordinance.

Summary of specific provisions

Section 1: Amends Penal Law § 221.10 in relation to "open view" possession of marihuana weighing less than 15 grams. Allows the local governing body of New York City to adopt a local law, ordinance or resolution deeming such possession to be a violation instead of a misdemeanor. Section 2: 90 days after it shall become law

Justification

Current law makes possession of small amounts of marihuana a violation punishable by a fine, while possession in open view in a public place is a misdemeanor. The disparity in criminal liability contributes to the many injustices associated with stop-and-frisk policing because a person carrying small quantities of concealed marihuana may be charged with possessing marijuana in public view if he or she follows a police officer's instruction to remove the marihuana from their pocket or bag.

Prior legislative history

New bill

Fiscal implications

None.

Effective date

90 days after it shall become law

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.