Section 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.