What's happening
This bill prevents people from being charged for public display of marijuana if law enforcement compelled the display during a search.
Why it matters
Limits law enforcement discretion. By preventing charges for public display of marijuana when the display was compelled by police, the bill addresses a common tactic where officers direct individuals to reveal marijuana and then arrest them for displaying it.
Reduces risk of unjust prosecution. This change protects individuals from being unfairly criminalized simply for complying with an officer's lawful order, helping to prevent charges that might otherwise be based on technicalities rather than genuine public conduct.
Targets disparities in enforcement. Historically, "public display" laws have disproportionately affected certain communities. This amendment could help reduce such disparities by ensuring that people aren't penalized for situations created by law enforcement actions.
Clarifies legal boundaries. The bill provides more precise guidance on what constitutes a chargeable offense, making it clearer for both law enforcement and the public when possession becomes a prosecutable display.
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Who cares
Headline styles
Clarify Marijuana Possession Enforcement
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
13
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
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.
LBD02507-01-9
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.