Relates to criminal possession of marihuana in the fifth degree

Title of bill

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

Purpose

To remove the public view provision from criminal possession of marihuana in the fifth degree.

Summary of provisions

Section 1 amends subdivision 1 of section 221.10 of the penal law, as amended by chapter 265 of the laws of 1979, providing possession of marihuana in public view is no longer an element of this offense.

Section 2 provides this act shall take effect immediately.

Existing law

Criminal possession of marihuana in the fifth degree is defined as knowingly and unlawfully possessing marihuana in a public place, and such marihuana is burning or open to public view; or substances containing marihuana that in the aggregate weigh more than twenty-five grams.

Justification

While possessing small amounts of marihuana has been decriminalized, it is still a criminal offense to possess small amounts of marihuana in the so-called public view. This has been infamously described as the "Dumbest Drug Law in America." Its shortcoming becomes especially clear upon consideration of practice: if a police officer asks someone to empty his or her pocket, and it contains a small amount of marihuana, complying with the officer's request puts the marihuana in public view and subjects the person to a criminal record.

This has a disparate impact in communities of color. Though it has been shown that people use marihuana at similar rates across community lines, minorities are disproportionately charged with such offenses. It is time to stop unnecessarily saddling young men and women with criminal records, which limits their potential and has a far reaching negative impact on our state.

Legislative history

New bill

Fiscal implications

None

Local fiscal implications

None

Effective date

This act shall take effect immediately.