The New York State Senate

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

                                  9068

                          I N  A S S E M B L Y

                            January 21, 2016
                               ___________

Introduced  by M. of A. LINARES -- read once and referred to the Commit-
  tee on Economic Development

AN ACT to amend the general business law, the public health law and  the
  penal  law,  in  relation  to  prohibiting  the  manufacture, sale and
  possession of kratom products  created  from  the  mitragyna  speciosa
  plant

  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
399-hh to read as follows:
  S 399-HH. SALE OR DISTRIBUTION OF KRATOM; PROHIBITED. 1. FOR  PURPOSES
OF  THIS  SECTION  "KRATOM"  SHALL  MEAN ANY PART OF THE PLANT MITRAGYNA
SPECIOSA, WHETHER GROWING OR NOT, AND ANY COMPOUND,  MANUFACTURE,  SALT,
DERIVATIVE, MIXTURE, OR PREPARATION OF SUCH PLANT.
  2. UNTIL THE FOOD AND DRUG ADMINISTRATION APPROVED THE USE OF SUCH, NO
PERSON,  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY
COMPANY OR OTHER ENTITY SHALL SELL, OFFER FOR SALE, DISTRIBUTE  OR  GIVE
AWAY, FOR RETAIL, WHOLESALE OR PROMOTIONAL PURPOSES, KRATOM.
  3.  ANY  PERSON,  FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED
LIABILITY COMPANY OR OTHER ENTITY THAT IS  FOUND  BY  A  LOCAL  CRIMINAL
COURT,  AS DEFINED IN SUBDIVISION THREE OF SECTION 10.10 OF THE CRIMINAL
PROCEDURE LAW, TO HAVE VIOLATED THE PROVISIONS  OF  SUBDIVISION  TWO  OF
THIS  SECTION  SHALL  BE  SUBJECT  TO  A  CIVIL  PENALTY OF TWO THOUSAND
DOLLARS.
  S 2. Subdivision (b) of schedule I  of  section  3306  of  the  public
health  law,  is  amended  by  adding  a  new  paragraph 35-a to read as
follows:
  (35-A) MITRAGYNA SPECIOSA.
  S 3. The penal law is amended by adding a new section 220.79  to  read
as follows:
S 220.79 UNLAWFUL MANUFACTURE OF KRATOM PRODUCTS.
  A  PERSON IS GUILTY OF UNLAWFUL MANUFACTURE OF KRATOM PRODUCTS WHEN HE
OR SHE USES ANY PART OF THE PLANT MITRAGYNA SPECIOSA, WHETHER GROWING OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13599-02-6

A. 9068                             2

NOT, TO CREATE ANY COMPOUND, SALT,  DERIVATIVE,  MIXTURE  OR  ANY  OTHER
PREPARATION OF SUCH PLANT.
  UNLAWFUL MANUFACTURE OF KRATOM PRODUCTS IS A CLASS D FELONY.
  S  4.  This act shall take effect immediately; provided, however, that
the provisions of sections one, two and three of this act  shall  expire
upon  the  occurrence  of the food and drug administration's approval of
the use of mitragyna speciosa, when upon such  date  the  provisions  of
such  sections  shall  be  deemed  repealed;  provided  further that the
commissioner of  health  shall  notify  the  legislative  bill  drafting
commission  upon such date the food and drug administration approves the
use of mitragyna speciosa in order that the commission may  maintain  an
accurate and timely effective data base of the official text of the laws
of  the  state of New York in furtherance of effectuating the provisions
of section 44 of the legislative law and  section  70-b  of  the  public
officers law.