What's happening
This bill updates the definition of fifth degree marijuana possession, clarifying public view and possession thresholds for criminal charges.
Why it matters
Narrows the circumstances for criminal charges. The bill removes “open to public view” as a standalone reason for fifth degree marijuana possession charges in public, unless the marijuana exceeds 15 grams, reducing the likelihood of criminalizing minor, visible possession.
Introduces a weight threshold for public view offenses. Possession of marijuana in public view now only triggers criminal liability if the total weight exceeds 15 grams, potentially protecting people with small amounts from misdemeanor charges.
Clarifies what counts as a public offense. By tying public possession charges specifically to burning marijuana or larger quantities in public view, the bill reduces ambiguity and the scope for subjective enforcement by police.
Reflects evolving attitudes on marijuana policy. These updates indicate a shift toward decriminalizing lower-level marijuana offenses and reducing the impact of criminal records for minor possession, which may affect policing practices and individual legal outcomes.
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Who cares
Headline styles
Update Marijuana Possession Law
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
1 Multi-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
622
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. RODRIGUEZ -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal possession of marihuana in the fifth degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 221.10 of the penal law, as amended by chapter 265 of the laws of 1979 and subdivision 2 as amended by chapter 75 of the laws of 1995, is amended to read as follows: § 221.10 Criminal possession of marihuana in the fifth degree.
A person is guilty of criminal possession of marihuana in the fifth degree when he or she knowingly and unlawfully possesses:
1. marihuana in a public place, as defined in section 240.00 of this [chapter] part, and such marihuana is burning [or open to public view]; or
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 fifteen grams and such possession is in a public place, as defined in section 240.00 of this part, and such preparations, compounds, mixtures or substances are open to public view; or
3. 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.
Criminal possession of marihuana in the fifth degree is a class B misdemeanor.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00853-01-7
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.