Bill Text: NY S01833 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Prohibits the sale of salvia divinorum to persons in New York state; defines salvia divinorum; sets penalties for sale and provides a defense.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2012-01-24 - referred to economic development [S01833 Detail]

Download: New_York-2011-S01833-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1833--A
           Cal. No. 68
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 13, 2011
                                      ___________
       Introduced  by Sens. FLANAGAN, LIBOUS -- read twice and ordered printed,
         and when  printed  to  be  committed  to  the  Committee  on  Consumer
         Protection  --  recommitted to the Committee on Consumer Protection in
         accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
         committee,  ordered  to first report, amended on first report, ordered
         to a second report and ordered reprinted, retaining its place  in  the
         order of second report
       AN ACT to amend the general business law, in relation to prohibiting the
         sale of salvia divinorum to persons in New York state
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  391-s to read as follows:
    3    S 391-S. SALE OR DISTRIBUTION OF SALVIA DIVINORUM. 1. NO PERSON, FIRM,
    4  CORPORATION, PARTNERSHIP, ASSOCIATION,  LIMITED  LIABILITY  COMPANY,  OR
    5  OTHER  ENTITY  SHALL  SELL  OR  OFFER  TO SELL OR GIVE AWAY, AS EITHER A
    6  RETAIL OR WHOLESALE  PROMOTION,  SALVIA  DIVINORUM,  COMMONLY  KNOWN  AS
    7  SALVIA  WITHIN NEW YORK STATE, EXCEPT AS AUTHORIZED BY SUBDIVISION THREE
    8  OF THIS SECTION.
    9    2. FOR PURPOSES OF THIS SECTION, THE TERM SALVIA DIVINORUM SHALL  MEAN
   10  THE  HERB  FREQUENTLY  REFERRED TO AS "SKA MARIA PASTORA" AND "DIVINER'S
   11  SAGE" WHICH IS A PERENNIAL HERB IN THE MINT FAMILY THAT RESEMBLES SAGE.
   12    3.  NOTHING  IN  THIS   SECTION   SHALL   APPLY   TO   NONPRESCRIPTION
   13  OVER-THE-COUNTER  DRUGS  APPROVED  OR  REGULATED BY THE FEDERAL FOOD AND
   14  DRUG ADMINISTRATION.
   15    4. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
   16  LIABILITY  COMPANY, OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF THIS
   17  SECTION BY SELLING, OFFERING TO SELL, OR GIVING AWAY AS EITHER A  RETAIL
   18  OR  WHOLESALE  PROMOTION  SALVIA  DIVINORUM, SHALL BE SUBJECT TO A CIVIL
   19  PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS PER VIOLATION, RECOVERABLE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06204-06-2
       S. 1833--A                          2
    1  IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY
    2  OR POLITICAL SUBDIVISION.
    3    5.  IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNER-
    4  SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY THAT SOLD,
    5  OFFERED FOR SALE, OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION
    6  SALVIA DIVINORUM, DID NOT HAVE KNOWLEDGE THAT IT WAS  SALVIA  DIVINORUM,
    7  IF SUCH KNOWLEDGE WAS NOT REASONABLY DISCOVERABLE.
    8    S  2.  This  act  shall take effect on the sixtieth day after it shall
    9  have become a law.