What's happening
This bill amends the law on fifth-degree marijuana possession, clarifying public possession offenses and updating thresholds and language.
Why it matters
Narrows what counts as a public possession offense. The bill removes "open to public view" as a standalone offense unless the marijuana is burning, reducing the risk of criminal charges for people who simply have marijuana visible in public.
Introduces a new weight-based public possession offense. Now, possessing more than 15 grams of marijuana in public and having it open to public view becomes a misdemeanor, creating a clearer threshold for when visible possession becomes criminal.
Retains higher penalties for larger amounts. Possession of more than 25 grams (about an ounce) of marijuana remains a misdemeanor, regardless of whether it’s in public or private, maintaining a sliding scale based on quantity.
May reduce disproportionate enforcement. By clarifying these thresholds and tightening definitions, the bill aims to lessen arbitrary or discriminatory arrests for minor public marijuana possession, particularly for small, non-burning amounts.
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Who cares
People possessing marijuana in public
The bill would remove nonburning marijuana open to public view as a basis for fifth-degree possession unless its aggregate weight exceeds 15 grams.
Police officers and prosecutors
The bill would narrow the public-view basis for this class B misdemeanor while retaining possession of burning marijuana in public and possession of more than 25 grams as grounds for the charge.
Criminal defense attorneys
The bill would make the weight of marijuana preparations, compounds, mixtures or substances central to whether nonburning possession open to public view supports a fifth-degree possession charge.
Headline styles
Update Marijuana Possession Law
Plain English, a few words. Used as the page title.
Sponsors
History
- 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.
Update Marijuana Possession Law
In Assembly Committee · Codes · Sponsor Robert J. Rodriguez
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
482
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sens. SQUADRON, AVELLA, GIANARIS, HOYLMAN, RIVERA -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to criminal possession of marihuana in the fifth degree
Purpose
The purpose of this bill is to keep New York safe by bringing fairness and consistency in the penalties administered to New Yorkers who possess small amounts of marihuana.
Summary of provisions
Section one of the bill amends section 221.10 of the penal law the penal law so that possession of small amounts of marijuana that is not burning is no longer a crime.
Section two of the bill would make such amendment effective immediately.
Existing law
Currently, possession of marihuana in a public place where such marihuana is open to public view, is punishable under Penal Law 221.10 as a class B misdemeanor.
Statement in support
This bill ensures that personal possession of marihuana remains an offense, but that the penalties are evenly administered. Public possession of very small amounts of marihuana will be punished the same as private possession of the same amount. However, the law with respect to individuals who smoke or burn marihuana in public will remain the same; such offenders will still be subject to class B misdemeanor penalties.
Legislative history
2016: S172/A6219A-REFERRED TO CODES/ advanced to third reading 2015: S172/A6219A-REFERRED TO CODES/ referred to codes 2014: S3105/A6716-REFERRED TO CODES/Ordered to Third Reading 2013: S3105/A6716-REFERRED TO CODES/Passed Assembly
Budget implications
This bill has no fiscal impact on the State.
Effective date
This bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.