senate Bill S1833A

Prohibits the sale of salvia divinorum to persons in New York state

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Jan / 2011
    • REFERRED TO CONSUMER PROTECTION
  • 08 / Feb / 2011
    • 1ST REPORT CAL.81
  • 14 / Feb / 2011
    • 2ND REPORT CAL.
  • 15 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 21 / Mar / 2011
    • PASSED SENATE
  • 21 / Mar / 2011
    • DELIVERED TO ASSEMBLY
  • 21 / Mar / 2011
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CONSUMER PROTECTION
  • 18 / Jan / 2012
    • 1ST REPORT CAL.68
  • 19 / Jan / 2012
    • AMENDED 1833A
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 24 / Jan / 2012
    • PASSED SENATE
  • 24 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 24 / Jan / 2012
    • REFERRED TO ECONOMIC DEVELOPMENT

Summary

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

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Bill Details

See Assembly Version of this Bill:
A8568A
Versions:
S1833
S1833A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add ยง391-s, Gen Bus L
Versions Introduced in 2009-2010 Legislative Cycle:
S3229

Sponsor Memo

BILL NUMBER:S1833A

TITLE OF BILL:

An act
to amend the general business law, in relation to prohibiting the sale
of salvia divinorum to persons in New York state

PURPOSE OR GENERAL IDEA OF BILL:

This bill would amend the general business law by adding a new section
391-s that defines the tenn salvia divinorum and prohibits its sale
in the state of New York.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 391-s to the General Business law.

Paragraph 1 of this section states that no person, firm, corporation,
partnership, association, limited liability company, or other entity
shall sell or offer to sell or give away, as either a retail or
wholesale promotion, salvia divinorum, commonly known as salvia
within New York state, except as authorized by subdivision three
of this section.

Paragraph 2 defines salvia divinorum to mean the herb frequently
referred to as "Ska Maria Pastora" and "Diviner's Sage" which is a
perennial herb in the mint family that resembles sage.

Paragraph 3 states that nothing in this section shall apply to non-
prescription over-the-counter drugs approved or regulated by the
federal food and drug administration.

Paragraph 4 states that any person, firm, corporation, partnership,
association, limited liability company, or other entity that violates
the provisions of this section by selling, offering to sell, or
giving away as either a retail or wholesale promotion salvia
divinorum shall be subject to a civil penalty of five hundred dollars
per violation, recoverable in an action by any law enforcement
authority designated by any municipality or political subdivision.

Paragraph 5 establishes an affirmative defense that any person, firm,
corporation, partnership, association, limited liability company, or
other entity that sold, offered for sale or gave away as either a
retail or wholesaler promotion salvia divinorum, did not have
knowledge that it was salvia divinorum, if such knowledge was not
reasonably available.

Section 2 of this bill states that this act is to take effect sixty
days after it shall become a law.

JUSTIFICATION:

Salvia divinorum is an herb in the mint family that is native to
Mexico. Like marijuana, salvia can be smoked to produce a state of


intoxication. Users have said that salvia produces hallucinations
that reportedly can be more powerful than LSD.

Unlike marijuana, salvia is legally sold in stores across the state and
is available by mail and the Internet.
Although Congress introduced legislation last year to regulate salvia,
it was not enacted. As a result, there are virtually no regulations
on the sale of this product in the United States.

PRIOR LEGISLATIVE HISTORY:

2005-06: Passed Senate/Assembly Development Cmte.
2007-08: Passed Senate/Assembly Development Cmte.
2010: Reported out of Consumer Protection Cmte.; Committed to Codes

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect sixty days after it shall become a law.

view bill text
                    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:

  Section 1. The general business law is amended by adding a new section
391-s to read as follows:
  S 391-S. SALE OR DISTRIBUTION OF SALVIA DIVINORUM. 1. NO PERSON, FIRM,
CORPORATION, PARTNERSHIP, ASSOCIATION,  LIMITED  LIABILITY  COMPANY,  OR
OTHER  ENTITY  SHALL  SELL  OR  OFFER  TO SELL OR GIVE AWAY, AS EITHER A
RETAIL OR WHOLESALE  PROMOTION,  SALVIA  DIVINORUM,  COMMONLY  KNOWN  AS
SALVIA  WITHIN NEW YORK STATE, EXCEPT AS AUTHORIZED BY SUBDIVISION THREE
OF THIS SECTION.
  2. FOR PURPOSES OF THIS SECTION, THE TERM SALVIA DIVINORUM SHALL  MEAN
THE  HERB  FREQUENTLY  REFERRED TO AS "SKA MARIA PASTORA" AND "DIVINER'S
SAGE" WHICH IS A PERENNIAL HERB IN THE MINT FAMILY THAT RESEMBLES SAGE.
  3.  NOTHING  IN  THIS   SECTION   SHALL   APPLY   TO   NONPRESCRIPTION
OVER-THE-COUNTER  DRUGS  APPROVED  OR  REGULATED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION.
  4. ANY PERSON, FIRM, CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY  COMPANY, OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF THIS
SECTION BY SELLING, OFFERING TO SELL, OR GIVING AWAY AS EITHER A  RETAIL
OR  WHOLESALE  PROMOTION  SALVIA  DIVINORUM, SHALL BE SUBJECT TO A CIVIL
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

IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY
OR POLITICAL SUBDIVISION.
  5.  IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNER-
SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY THAT SOLD,
OFFERED FOR SALE, OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION
SALVIA DIVINORUM, DID NOT HAVE KNOWLEDGE THAT IT WAS  SALVIA  DIVINORUM,
IF SUCH KNOWLEDGE WAS NOT REASONABLY DISCOVERABLE.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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