What's happening
This bill removes "open to public view" as a condition for criminal possession of marijuana in the fifth degree.
Why it matters
Reduces potential for criminal charges for mere visibility. By removing "open to public view" as a factor, people can no longer be charged with criminal possession of marijuana in the fifth degree solely for having marijuana visible in public, unless it is burning—potentially reducing arrests for non-smoking possession.
Addresses policing practices. This change may respond to concerns about stop-and-frisk or "public view" arrests, which have disproportionately impacted certain communities; the amendment could limit situations where police use the visibility of marijuana as grounds for charges.
Narrows scope of criminal liability. The law now focuses on possession of burning marijuana in public, rather than any public display, clarifying the threshold for criminality and possibly shifting enforcement priorities.
Potential impact on criminal records. Fewer people may acquire criminal records for low-level marijuana offenses, which can have long-term consequences for employment, housing, and education.
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Who cares
Headline styles
Change Marijuana Possession Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3051
2019-2020 Regular Sessions
IN SENATE
February 1, 2019
Introduced by Sen. SANDERS -- 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. Subdivision 1 of section 221.10 of the penal law, as amended by chapter 265 of the laws of 1979, is amended to read as follows:
1. marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning [or open to public view]; or
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09169-01-9
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
To remove the public view provision from criminal possession of marihua- na in the fifth degree.
Summary of provisions
Section 1 amends subdivision 1 of section 221.10 of the penal law, as amended by chapter 265 of the laws of 1979, providing possession of marihuana in public view is no longer an element of this offense.
Section 2 provides this act shall take effect immediately.
Existing law
Criminal possession of marihuana in the fifth degree is defined as know- ingly and unlawfully possessing marihuana in a public place, and such marihuana is burning or open to public view; or substances containing marihuana that in the aggregate weigh more than twenty-five grams.
Justification
While possessing small amounts of marihuana has been decriminalized, it is still a criminal offense to possess small amounts of marihuana in the so-called public view. This has been infamously described as the "Dumbest Drug Law in America." Its shortcoming becomes especially clear upon consideration of practice: if a police officer asks someone to empty his or her pocket, and it contains a small amount of marihuana, complying with the officer's request puts the marihuana in public view and subjects the person to a criminal record.
This has a disparate impact in communities of color. Though it has been shown that people use marihuana at similar rates across community lines, minorities are disproportionately charged with such offenses. It is time to stop unnecessarily saddling young men and women with criminal records, which limits their potential and has a far reaching negative impact on our state.
Legislative history
04/08/16 REFERRED TO CODES
Fiscal implications
None
Local 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.