Bill Text: NY A09068 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to prohibiting the manufacture, sale and possession of kratom products created from the mitragyna speciosa plant.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-04-08 - reference changed to health [A09068 Detail]
Download: New_York-2015-A09068-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9068 IN ASSEMBLY 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: 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 purposes 4 of this section "kratom" shall mean any part of the plant mitragyna 5 speciosa, whether growing or not, and any compound, manufacture, salt, 6 derivative, mixture, or preparation of such plant. 7 2. Until the food and drug administration approved the use of such, no 8 person, firm, corporation, partnership, association, limited liability 9 company or other entity shall sell, offer for sale, distribute or give 10 away, for retail, wholesale or promotional purposes, kratom. 11 3. Any person, firm, corporation, partnership, association, limited 12 liability company or other entity that is found by a local criminal 13 court, as defined in subdivision three of section 10.10 of the criminal 14 procedure law, to have violated the provisions of subdivision two of 15 this section shall be subject to a civil penalty of two thousand 16 dollars. 17 § 2. Subdivision (b) of schedule I of section 3306 of the public 18 health law, is amended by adding a new paragraph 35-a to read as 19 follows: 20 (35-a) Mitragyna speciosa. 21 § 3. The penal law is amended by adding a new section 220.79 to read 22 as follows: 23 § 220.79 Unlawful manufacture of kratom products. 24 A person is guilty of unlawful manufacture of kratom products when he 25 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