NY S07927

Reclassifies unlawful possession of marijuana as a violation (not a misdemeanor) punishable by fine only, removing enhanced penalties for prior drug convictions within three years.

Removes the offense of criminal sale of marijuana in the fifth degree (Section 221.35) and eliminates the public display element from fifth-degree marijuana possession charges.

Allows defendants charged solely with marijuana offenses to seek adjournment in contemplation of dismissal (ACD) under exceptional circumstances where a guilty plea would cause severe collateral consequences, such as deportation of non-citizens.

Creates a new penal law objective to ensure laws are enforced equally and fairly without disparate impact based on race and ethnicity, and authorizes vacating prior convictions for marijuana possession under 25 grams or fifth-degree sales.

Requires the New York Division of Criminal Justice Services to prepare racial and ethnic impact statements for bills affecting the correctional population and to submit annual reports to legislative leadership on bills subject to these requirements.