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Assembly Bill A4328

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2009-A4328 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add Art 222 ยง222.00, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2312
2013-2014: A1033

2009-A4328 (ACTIVE) - Summary

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

2009-A4328 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4328

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law, in relation to prohibiting the possession
  of salvia divinorum by 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  penal  law is amended by adding a new article 222 to
read as follows:
                               ARTICLE 222
                     POSSESSION OF SALVIA DIVINORUM
SECTION 222.00 POSSESSION OF SALVIA DIVINORUM.
S 222.00 POSSESSION OF SALVIA DIVINORUM.
  1. NO PERSON, FIRM,  CORPORATION,  PARTNERSHIP,  ASSOCIATION,  LIMITED
LIABILITY  COMPANY,  OR  OTHER  ENTITY  SHALL  POSSESS 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 POSSESSING SALVIA DIVINORUM, SHALL BE SUBJECT TO A VIOLATION
PUNISHABLE BY A FINE OF NOT  MORE  THAN  FIFTY  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
POSSESSED, DUE TO EITHER A RETAIL OR WHOLESALE PROMOTION, SALVIA DIVINO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06708-01-9

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