What's happening
This bill clarifies that individuals cannot be charged for public display of marijuana if it occurs due to police officer instruction or search.
Why it matters
Closes a legal loophole. This bill prevents individuals from being unfairly charged with public display of marijuana when the display only occurs because a police officer instructed them to reveal it or found it during a search, addressing a common way minor marijuana possession charges were elevated to more serious offenses.
Promotes police accountability. By specifying that officers cannot use their own actions (like ordering someone to empty their pockets) to justify higher charges against individuals, the bill aims to reduce potential abuses or manipulation of marijuana laws by law enforcement.
Impacts communities disproportionately affected by marijuana enforcement. The change could especially benefit individuals in communities that have historically faced higher rates of stop-and-frisk or searches, reducing the risk of unnecessary criminal records stemming from minor marijuana possession.
Clarifies legal protections. The amendment makes it explicitly clear in state law when a person cannot be charged for public display, helping both the public and law enforcement understand the limits of prosecution in these circumstances.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
People carrying marihuana
The bill would bar charges under Penal Law section 221.10 when officers request or compel behavior that publicly displays marihuana, or when it is displayed during specified searches or orders to empty pockets or closed containers.
Police, peace and law enforcement officers
The bill would limit charges based on public displays of marihuana resulting from their requests, searches or directions to surrender contents.
Prosecutors and criminal defense attorneys
The bill would create an express bar to charges under section 221.10 in cases involving the specified officer-induced public displays of marihuana.
Headline styles
Clarify Marijuana Possession Enforcement
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
332
2017-2018 Regular Sessions
IN ASSEMBLY
January 5, 2017
Introduced by M. of A. PERRY -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to enacting the possession of marihuana enforcement clarification act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 221.10 of the penal law, as amended by chapter 75 of the laws of 1995, is amended to read as follows:
2. one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams; provided that a person shall not be charged under this section who is requested or compelled by a peace officer as defined in section 2.10 of the criminal procedure law or a law enforcement officer as defined in section 2.15 of the criminal procedure law or a police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law to engage in behavior that results in the public display of marihuana, or when the marihuana is publicly displayed pursuant to a search of the subject's person or upon direction of the subject to surrender the contents of his or her pockets or otherwise closed container by a peace officer, law enforcement officer or police officer lawfully exercising his or her duty as a police officer.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06405-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.