What's happening
This bill amends penalties for unlawful possession of marijuana, specifying fines and community service based on prior offenses and age.
Why it matters
Creates a tiered penalty system. The bill replaces a flat fine with escalating consequences for repeat marijuana possession offenses, increasing fines and potential jail time with each subsequent violation within a three-year period.
Adds community service for minors. For offenders under 18, courts can assign community service (up to 20 or 40 hours for first and second offenses, respectively) as an alternative to paying a fine, addressing concerns about financial penalties on youth.
Removes some mandatory jail time for minors. The new language avoids jailing minors for first or second offenses, emphasizing fines or community service, but retains the possibility of jail (up to 15 days) for adults with two or more prior offenses.
Simplifies prior offense calculations. The law now counts prior convictions from both marijuana and broader drug offenses (article 220), affecting how quickly penalties escalate for repeat offenders.
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Who cares
Headline styles
Increase Marijuana Possession Penalties
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Increase Marijuana Possession Penalties
In Senate Committee · Codes · Sponsor Patrick M. Gallivan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6600
2017-2018 Regular Sessions
IN ASSEMBLY
March 9, 2017
Introduced by M. of A. LENTOL -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to unlawful possession of marihuana
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 221.05 of the penal law, as added by chapter 360 of the laws of 1977, is amended to read as follows: § 221.05 Unlawful possession of marihuana.
A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana.
Unlawful possession of marihuana is a violation [punishable only by a fine of not more than one hundred dollars. However, where] and shall be sentenced in accordance with the following:
1. For a first violation, the court shall order payment of a fine of not more than one hundred dollars. Where a defendant is under the age of eighteen, the court shall order payment of a fine of not more than one hundred dollars or an appropriate amount of community service not to exceed twenty hours.
2. Where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, [it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period] the court shall order payment of a fine of not more than two hundred dollars. Where a defendant is under the age of eighteen, the court shall order payment of a fine of not more than two
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00632-04-7
A. 6600 2
hundred dollars or an appropriate amount of community service not to exceed forty hours.
3. Where the defendant has previously been convicted of two offenses defined in this article or article two hundred twenty of this chapter, committed within the three years immediately preceding such violation, the court shall order payment of a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days.
§ 2. This act shall take effect immediately.
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.