Lemon Curry?
Have Bud, Will Travel
I posit that using cannabis by means of vaporizing is not a crime under New York state law, as long as the vaporizer is built so that it doesn't show the marijuana inside.
I quote the New York Penal Code, § 221.10.
--------
Penal
§ 221.10
Criminal possession of marihuana in the fifth degree.
A person is guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses:
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. one or more preparations, compounds, mixtures or substances
containing marihuana and the preparations, compounds, mixtures or
substances are of an aggregate weight of more than twenty-five grams.
Criminal possession of marihuana in the fifth degree is a class B
misdemeanor.
-------
The key part being "and such marihuana is burning or open to public view;"
The wording means both criteria must be met ("and"). And in our case, the marijuana in question is neither burning (it's being vaporized, nowhere near the combustion temperature of marijuana) nor is it open to public view as it's out of view when inside the vaporizer... As long as a person "reloads" his vaporizer and keeps his marijuana out of public view (in a private residence etc) and doesn't possess over 25grams at a time.
Ergo, not illegal
I quote the New York Penal Code, § 221.10.
--------
Penal
§ 221.10
Criminal possession of marihuana in the fifth degree.
A person is guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses:
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. one or more preparations, compounds, mixtures or substances
containing marihuana and the preparations, compounds, mixtures or
substances are of an aggregate weight of more than twenty-five grams.
Criminal possession of marihuana in the fifth degree is a class B
misdemeanor.
-------
The key part being "and such marihuana is burning or open to public view;"
The wording means both criteria must be met ("and"). And in our case, the marijuana in question is neither burning (it's being vaporized, nowhere near the combustion temperature of marijuana) nor is it open to public view as it's out of view when inside the vaporizer... As long as a person "reloads" his vaporizer and keeps his marijuana out of public view (in a private residence etc) and doesn't possess over 25grams at a time.
Ergo, not illegal
