NY A10175

Decriminalizes possession of marijuana by making unlawful possession a violation punishable by fine of up to $100, eliminating prior criminal penalties for repeat offenses.

Reduces criminal possession of marijuana in the fifth degree to a Class B misdemeanor, removing the offense of possessing marijuana in public view and applying only to possession of more than 25 grams.

Repeals Section 221.35 of the penal law (criminal sale of marijuana in the fifth degree) and allows adjournment in contemplation of dismissal for marijuana-related cases even with prior convictions if exceptional circumstances exist, such as severe collateral consequences including deportation.

Creates a racial and ethnic impact statement requirement for bills that would increase or decrease correctional facility populations, to be prepared before final passage and accompany bills on a separate form.

Allows vacation and dismissal of prior convictions for criminal possession of marijuana in the fifth degree (prior to this law's effective date) if the accusatory instrument did not allege possession of more than 25 grams, or for prior convictions under the repealed Section 221.35.