Bill Text: NY A07490 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the crime 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 trademark, 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A07490 Detail]

Download: New_York-2023-A07490-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7490

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 25, 2023
                                       ___________

        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee 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:

     1    Section 1. The penal law is amended by adding a new section 220.57  to
     2  read as follows:
     3  § 220.57 Unlawful possession or sale of imitation drug paraphernalia.
     4    1. A person is guilty of unlawful possession or sale of imitation drug
     5  paraphernalia when such person knowingly possesses, purchases, delivers,
     6  sells,  or  possesses  with  intent  to  sell or deliver any punch, die,
     7  plate, stone, pill press, tableting machine,  encapsulating  machine  or
     8  any  other equipment in order to print, imprint, or reproduce the trade-
     9  mark, trade name or other identifying mark, imprint or device of another
    10  or any likeness of any of the foregoing upon any substance or  container
    11  or  labeling  thereof  knowing, intending, or having reasonable cause to
    12  believe that it will be used to manufacture an imitation drug.
    13    2. A regulated person may possess, purchase, deliver, sell, or possess
    14  with intent to deliver or sell a punch, die, plate, stone,  pill  press,
    15  tableting machine, encapsulating machine or any other equipment in order
    16  to print, imprint, or reproduce the trademark, trade name or other iden-
    17  tifying mark, imprint or device of another or any likeness of any of the
    18  foregoing upon any substance or container or labeling thereof as part of
    19  a  regulated  transaction with a regular customer or regular importer if
    20  he or she is in compliance with 21 U.S.C. s. 830. For purposes  of  this
    21  subdivision,  the  terms  "regulated  person,"  "regulated transaction,"
    22  "regular customer," and "regular importer" have  the  same  meanings  as
    23  provided in 21 U.S.C. s. 802.
    24    3.  As  used  in  this  section  the  term  "imitation  drug"  means a
    25  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.
                                                                   LBD11448-01-3
        A. 7490                             2

     1  sixty-eight hundred two of the education law, that is not a drug,  which
     2  by  dosage  unit  appearance,  including  color, shape and size and by a
     3  representation is represented to be a drug. Evidence  of  representation
     4  that  the  substance is a drug may include but is not limited to oral or
     5  written representations by the manufacturer or seller, as the  case  may
     6  be, about the substance with regard to:
     7    (a) its price, nature, use or effect as a drug; or
     8    (b) its packaging in a manner normally used for drugs; or
     9    (c) markings on the substance.
    10    Unlawful possession or sale of imitation drug paraphernalia is a class
    11  A misdemeanor.
    12    §  2.  This  act shall take effect on the thirtieth day after it shall
    13  have become a law.