assembly Bill A9068

2015-2016 Legislative Session

Relates to prohibiting the manufacture, sale and possession of kratom products created from the mitragyna speciosa plant

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 08, 2016 reference changed to health
Jan 21, 2016 referred to economic development

A9068 - Details

Law Section:
General Business Law
Laws Affected:
Add §399-hh, Gen Bus L; amd §3306, Pub Health L; add §220.79, Pen L

A9068 - Summary

Relates to prohibiting the manufacture, sale and possession of kratom products created from the mitragyna speciosa plant.

A9068 - Bill Text download pdf

                    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