Bill Text: NY S06345 | 2015-2016 | General Assembly | Introduced
New York Senate Bill 6345
NY State Legislature page for S06345
Bill Title: Add 399-hh, Gen Bus L; amd 480, 1605 & 1607, Tax L; amd 105, 106 & 118, ABC L Prohibits the sale or distribution of kratom.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2016-01-06 – REFERRED TO ALCOHOLISM AND DRUG ABUSE [S06345 Detail]
Download: New_York-2015-S06345-Introduced.html
STATE OF NEW YORK
________________________________________________________________________
6345
IN SENATE
(Prefiled)
January 6, 2016
___________
Introduced by Sen. CARLUCCI — read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Drug Abuse
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
