senate Bill S1454

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

  • 09 / Jan / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION

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:
A6036
Versions:
S1454
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง391-s, Gen Bus L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1833A, A8568A
2009-2010: S3229

Sponsor Memo

BILL NUMBER:S1454

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
2012: Passed Senate/Assembly Economic Development Cmte.

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
________________________________________________________________________

                                  1454

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. FLANAGAN, MARTINS -- read twice and ordered printed,
  and  when  printed  to  be  committed  to  the  Committee  on Consumer
  Protection

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
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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05631-01-3

S. 1454                             2

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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