Bill Description

BILL NUMBER: S6579A

SPONSOR: BAILEY

TITLE OF BILL: An act to amend the penal law and the criminal proce-
dure law, in relation to vacating records for certain proceedings; and
to amend the public health law, in relation to the definition of smoking

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to make New York penal law fairer and more
equitable in the administration of marihuana enforcement, and avoid the
disparate racial and ethnic impact seen in current marihuana enforce-
ment.

SUMMARY OF PROVISIONS:

Section one reduces the penalty for unlawful possession of marihuana and
renames the offense.

Section two amends the definition of criminal possession of marihuana in
the fifth degree, reduces its penalty, and renames the offense.
Section three allows for the vacatur of certain previous marihuana
convictions.

Section four makes conforming changes.

Section five modifies automatic sealing provisions.

Section six allows for the expungement of records.

Section seven establishes procedures for the expungement of records.

Section eight amends the definition of “smoking” under the public health
law includes the smoking of marihuana.

Section nine establishes the effective date.