Prohibits the sale of salvia divinorum to persons in New York state; defines salvia divinorum; sets penalties for sale and provides a defense.
TITLE OF BILL: An act to amend the general business law, in relation to prohibiting the sale of salvia divinorum to persons in New York state
PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend the general business law by adding a new section 391-s that defines the tenn salvia divinorum and prohibits its sale in the state of New York.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 adds a new section 391-s to the General Business law.
Paragraph 1 of this section states that no person, firm, corporation, partnership, association, limited liability company, or other entity shall sell or offer to sell or give away, as either a retail or wholesale promotion, salvia divinorum, commonly known as salvia within New York state, except as authorized by subdivision three of this section.
Paragraph 2 defines salvia divinorum to mean the herb frequently referred to as "Ska Maria Pastora" and "Diviner's Sage" which is a perennial herb in the mint family that resembles sage.
Paragraph 3 states that nothing in this section shall apply to nonprescription over-the-counter drugs approved or regulated by the federal food and drug administration.
Paragraph 4 states that any person, firm, corporation, partnership, association, limited liability company, or other entity that violates the provisions of this section by selling, offering to sell, or giving away as either a retail or wholesale promotion salvia divinorum shall be subject to a civil penalty of five hundred dollars per violation, recoverable in an action by any law enforcement authority designated by any municipality or political subdivision.
Paragraph 5 establishes an affirmative defense that any person, firm, corporation, partnership, association, limited liability company, or other entity that sold, offered for sale or gave away as either a retail or wholesaler promotion salvia divinorum, did not have knowledge that it was salvia divinorum, if such knowledge was not reasonably available.
Section 2 of this bill states that this act is to take effect sixty days after it shall become a law.
Salvia divinorum is an herb in the mint family that is native to Mexico. Like marijuana, salvia can be smoked to produce a state of intoxication. Users have said that salvia produces hallucinations that reportedly can be more powerful than LSD.
Unlike marijuana, salvia is legally sold in stores across the state and is available by mail and the Internet. Although Congress introduced legislation last year to regulate salvia, it was not enacted. As a result, there are virtually no regulations on the sale of this product in the United States.
PRIOR LEGISLATIVE HISTORY:
2005-06: Passed Senate/Assembly Development Cmte. 2007-08: Passed Senate/Assembly Development Cmte. 2010: Reported out of Consumer Protection Cmte.; Committed to Codes 2012: Passed Senate/Assembly Economic Development Cmte.
LOCAL FISCAL IMPLICATIONS:
This act shall take effect sixty days after it shall become a law.
STATE OF NEW YORK ________________________________________________________________________ 1454 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. FLANAGAN, MARTINS -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to prohibiting the sale of salvia divinorum to persons in New York state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 391-s to read as follows: S 391-S. SALE OR DISTRIBUTION OF SALVIA DIVINORUM. 1. NO PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY SHALL SELL OR OFFER TO SELL OR GIVE AWAY, AS EITHER A RETAIL OR WHOLESALE PROMOTION, SALVIA DIVINORUM, COMMONLY KNOWN AS SALVIA WITHIN NEW YORK STATE, EXCEPT AS AUTHORIZED BY SUBDIVISION THREE OF THIS SECTION. 2. FOR PURPOSES OF THIS SECTION, THE TERM SALVIA DIVINORUM SHALL MEAN THE HERB FREQUENTLY REFERRED TO AS "SKA MARIA PASTORA" AND "DIVINER'S SAGE" WHICH IS A PERENNIAL HERB IN THE MINT FAMILY THAT RESEMBLES SAGE. 3. NOTHING IN THIS SECTION SHALL APPLY TO NONPRESCRIPTION OVER-THE-COUNTER DRUGS APPROVED OR REGULATED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION. 4. ANY PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY THAT VIOLATES THE PROVISIONS OF THIS SECTION BY SELLING, OFFERING TO SELL, OR GIVING AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION SALVIA DIVINORUM, SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS PER VIOLATION, RECOVERABLE IN AN ACTION BY ANY ENFORCEMENT AUTHORITY DESIGNATED BY ANY MUNICIPALITY OR POLITICAL SUBDIVISION. 5. IT SHALL BE A DEFENSE THAT ANY PERSON, FIRM, CORPORATION, PARTNER- SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, OR OTHER ENTITY THAT SOLD,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05631-01-3 S. 1454 2
OFFERED FOR SALE, OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION SALVIA DIVINORUM, DID NOT HAVE KNOWLEDGE THAT IT WAS SALVIA DIVINORUM, IF SUCH KNOWLEDGE WAS NOT REASONABLY DISCOVERABLE. S 2. This act shall take effect on the sixtieth day after it shall have become a law.