Senate Bill S5443

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5443
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  unlawful  possession  or
   sale of imitation drug paraphernalia
 
   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 section 220.57  to
 read as follows:
 § 220.57 UNLAWFUL POSSESSION OR SALE OF IMITATION DRUG PARAPHERNALIA.
   1. A PERSON IS GUILTY OF UNLAWFUL POSSESSION OR SALE OF IMITATION DRUG
 PARAPHERNALIA WHEN SUCH PERSON KNOWINGLY POSSESSES, PURCHASES, DELIVERS,
 SELLS,  OR  POSSESSES  WITH  INTENT  TO  SELL OR DELIVER ANY PUNCH, DIE,
 PLATE, STONE, PILL PRESS, TABLETING MACHINE,  ENCAPSULATING  MACHINE  OR
 ANY  OTHER EQUIPMENT IN ORDER TO PRINT, IMPRINT, OR REPRODUCE THE TRADE-
 MARK, TRADE NAME OR OTHER IDENTIFYING MARK, IMPRINT OR DEVICE OF ANOTHER
 OR ANY LIKENESS OF ANY OF THE FOREGOING UPON ANY SUBSTANCE OR  CONTAINER
 OR  LABELING  THEREOF  KNOWING, INTENDING, OR HAVING REASONABLE CAUSE TO
 BELIEVE THAT IT WILL BE USED TO MANUFACTURE AN IMITATION DRUG.
   2. A REGULATED PERSON MAY POSSESS, PURCHASE, DELIVER, SELL, OR POSSESS
 WITH INTENT TO DELIVER OR SELL A PUNCH, DIE, PLATE, STONE,  PILL  PRESS,
 TABLETING MACHINE, ENCAPSULATING MACHINE OR ANY OTHER EQUIPMENT IN ORDER
 TO PRINT, IMPRINT, OR REPRODUCE THE TRADEMARK, TRADE NAME OR OTHER IDEN-
 TIFYING MARK, IMPRINT OR DEVICE OF ANOTHER OR ANY LIKENESS OF ANY OF THE
 FOREGOING UPON ANY SUBSTANCE OR CONTAINER OR LABELING THEREOF AS PART OF
 A  REGULATED  TRANSACTION WITH A REGULAR CUSTOMER OR REGULAR IMPORTER IF
 SUCH REGULAR CUSTOMER OR REGULAR  IMPORTER  IS  IN  COMPLIANCE  WITH  21
 U.S.C.  S.  830.  FOR PURPOSES OF THIS SUBDIVISION, THE TERMS "REGULATED
 PERSON,"  "REGULATED  TRANSACTION,"  "REGULAR  CUSTOMER,"  AND  "REGULAR
 IMPORTER" HAVE THE SAME MEANINGS AS PROVIDED IN 21 U.S.C. S. 802.
   3.  AS  USED  IN  THIS  SECTION  THE  TERM  "IMITATION  DRUG"  MEANS A
 SUBSTANCE, OTHER THAN A DRUG, AS DEFINED IN SUBDIVISION SEVEN OF SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08937-01-5
              

 S. 5443                             2
 
 SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW, THAT IS NOT A DRUG,  WHICH
 BY  DOSAGE  UNIT  APPEARANCE,  INCLUDING  COLOR, SHAPE AND SIZE AND BY A
 REPRESENTATION IS REPRESENTED TO BE A DRUG. EVIDENCE  OF  REPRESENTATION
 THAT  THE  SUBSTANCE IS A DRUG MAY INCLUDE BUT IS NOT LIMITED TO ORAL OR
 WRITTEN REPRESENTATIONS BY THE MANUFACTURER OR SELLER, AS THE  CASE  MAY
 BE, ABOUT THE SUBSTANCE WITH REGARD TO:
   (A) ITS PRICE, NATURE, USE OR EFFECT AS A DRUG; OR
   (B) ITS PACKAGING IN A MANNER NORMALLY USED FOR DRUGS; OR
   (C) MARKINGS ON THE SUBSTANCE.
   UNLAWFUL POSSESSION OR SALE OF IMITATION DRUG PARAPHERNALIA IS A CLASS
 A MISDEMEANOR.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.