BILL NUMBER: S2772
SPONSOR: KRUEGER
 
TITLE OF BILL:
An act to amend the cannabis law, the penal law, and the criminal proce-
dure law, in relation to unlawful possession and sale of cannabis
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill makes technical corrections to subdivision 4 of
section 132 of the cannabis law regarding possession of cannabis by a
minor
Section two of the bill makes a technical correction to subdivision 3 or
section 222.05 of the penal law regarding reasonable evidence to believe
a crime was committed related to personal use of cannabis
Sections three though ten of the bill make technical corrections the
penal law provisions regarding unlawful or criminal possession or sale
of cannabis
Section eleven of the bill makes a technical correction to a cross
reference in subdivision two of section 440.46-a of the criminal proce-
dure law
 
JUSTIFICATION:
This legislation makes technical corrections to S854a, the Marihuana
Regulation and Taxation Act. The legislation is necessary to clarify
that cannabis law penalties for minors possessing cannabis apply only in
cases of possession below the legal limit for cannabis possession, and
that possession of amounts above the, legal limit are subject to penal
law provisions regarding possession. It corrects language regarding
possession of multiple containers of cannabis not being evidence of a
crime if amount of cannabis is within the legal limit. It also clari-
fies provisions that weight amounts for unlawful or criminal possession
or sale of cannabis are in the aggregate. Finally, it corrects a cross-
reference in the criminal procedure law regarding motions to resentence
in certain marihuana related offenses.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: S.7266 - Referred to codes
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after March 31, 2021.

Statutes affected:
S2772: 222.05 penal law, 222.05(3) penal law, 222.25 penal law, 222.60 penal law, 222.65 penal law