What's happening
This bill amends penalties for unlawful possession of marijuana, introducing escalating fines and community service for repeat offenses.
Why it matters
Introduces a tiered penalty system, meaning repeat offenders face higher fines and potential jail time. this creates a clearer escalation intended to deter habitual illegal marijuana possession.
Specifically addresses offenders under 18 by giving judges the option to assign community service instead of fines. , recognizing that financial penalties may not be effective for minors and emphasizing restorative rather than purely punitive measures.
Removes judicial discretion for jail time on a second offense, but allows for up to 15 days of jail after a third or subsequent offense within three years. , narrowing incarceration to only the most persistent violators.
Clarifies and standardizes penalties, potentially reducing disparities in sentencing and ensuring more predictable outcomes for similar offenses. , which could matter for both defendants and law enforcement.
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Who cares
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Update Marijuana Possession Penalties
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1582
2019-2020 Regular Sessions
IN SENATE
January 15, 2019
Introduced by Sen. GALLIVAN -- 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 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.
LBD07054-01-9
S. 1582 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to unlawful possession of marihuana
Purpose or general idea of bill
This legislation provides a community service based penalty as an alter- native to a fine for those defendants under the age of eighteen found guilty of unlawful possession of marihuana.
Summary of specific provisions
Section 1 amends section 221.05 of the penal law to provide for a commu- nity service alternative to sentencing for first and second violations of unlawful possession of marihuana where the defendant is under the age of eighteen.
Section 2 establishes the effective date.
Justification
Currently, the penalty for unlawful possession of marihuana ("UPM") is a fine of not more than one hundred dollars for all defendants, regardless of age. This legislation permits local judges to sentence minors guilty of UPM to up to twenty hours of community service instead of a fine. For a second offense, a sentence of up to forty hours of community service in lieu of the current fine is permitted.
This change serves to aid both affluent communities, where judges are faced with minors who simply pay their fine and have little accountabil- ity for their illegal acts, as well as in economically struggling commu- nities, where a $100 fine plus court fees is a burden that few minors can afford and will create a significant financial burden.
It is incumbent that this legislation be enacted, so that local judges have an alternative sentencing option that can provide greater account- ability for minors who are charged with a UPM, regardless of geographic area or income.
Prior legislative history
2017-18: S.3564b/A.6600 Referred to Codes
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.