Bill Text: NY A09068 | 2015-2016 | General Assembly | Introduced

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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

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                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