Bill Text: NY A08670 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Prohibits the sale or distribution of kratom.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-12 - referred to economic development [A08670 Detail]

Download: New_York-2015-A08670-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          8670
                   IN ASSEMBLY
                                    January 12, 2016
                                       ___________
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Economic Development
        AN ACT to amend the general business law, the tax law and the  alcoholic
          beverage  control law, in relation to prohibiting the sale or distrib-
          ution of kratom
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  399-hh to read as follows:
     3    §  399-hh.  Sale  or  distribution  of  kratom; prohibited. 1. For the
     4  purposes of this section, "kratom" means  any  form  or  derivatives  of
     5  mitragyna speciosa and shall include, but not be limited to, any materi-
     6  al,  compound,  mixture  or  preparation  that  is  not  designated as a
     7  controlled substance pursuant to section thirty-three hundred six of the
     8  public health law.
     9    2. No person, firm,  corporation,  partnership,  association,  limited
    10  liability company or other entity shall sell, offer for sale, distribute
    11  or give away, for retail, wholesale or promotional purposes any kratom.
    12    3.  Any  person,  firm, corporation, partnership, association, limited
    13  liability company or other entity that is  found  by  a  local  criminal
    14  court,  as defined in subdivision three of section 10.10 of the criminal
    15  procedure law, to have violated the provisions  of  subdivision  two  of
    16  this  section  shall  be  subject  to  a  civil  penalty of two thousand
    17  dollars; provided, however, that upon a finding of a  second  or  subse-
    18  quent  violation  within any period of five years, the violator shall be
    19  subject to a civil penalty  of  five  thousand  dollars;  and  provided,
    20  further,  that  upon a finding of a third or subsequent violation within
    21  any period of five years, the court shall provide notice thereof to  the
    22  commissioner  of  taxation  and finance, the division of the lottery and
    23  the state liquor authority, and the violator shall  be  prohibited  from
    24  selling  cigarettes and tobacco products, lottery tickets, and alcoholic
    25  beverages for a period of five years.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13483-01-6