Prohibits the sale of salvia divinorum to persons in New York state; defines salvia divinorum; sets penalties for sale and provides a defense.

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S1833-2011 Actions

• Jan 24, 2012: referred to economic development
• Jan 24, 2012: DELIVERED TO ASSEMBLY
• Jan 24, 2012: PASSED SENATE
• Jan 23, 2012: ADVANCED TO THIRD READING
• Jan 19, 2012: 2ND REPORT CAL.
• Jan 19, 2012: AMENDED 1833A
• Jan 18, 2012: 1ST REPORT CAL.68
• Jan 4, 2012: REFERRED TO CONSUMER PROTECTION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Mar 21, 2011: referred to economic development
• Mar 21, 2011: DELIVERED TO ASSEMBLY
• Mar 21, 2011: PASSED SENATE
• Feb 15, 2011: ADVANCED TO THIRD READING
• Feb 14, 2011: 2ND REPORT CAL.
• Feb 8, 2011: 1ST REPORT CAL.81
• Jan 13, 2011: REFERRED TO CONSUMER PROTECTION

S1833-2011 Meetings

Consumer Protection: Jan 18, 2012, Consumer Protection: Feb 8, 2011

S1833-2011 Calendars

Active List: Mar 21, 2011 , Floor Calendar: Jan 19, 2012 , Floor Calendar: Feb 14, 2011 , Floor Calendar: Feb 15, 2011 , Floor Calendar: Feb 28, 2011 , Floor Calendar: Mar 1, 2011 , Floor Calendar: Mar 2, 2011 , Floor Calendar: Mar 3, 2011 , Floor Calendar: Mar 7, 2011 , Floor Calendar: Mar 8, 2011 , Floor Calendar: Mar 9, 2011 , Floor Calendar: Mar 10, 2011 , Floor Calendar: Mar 14, 2011 , Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011

S1833-2011 Votes

S1833-2011 Memo

BILL NUMBER:S1833

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-p 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-q 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
whole-sale 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 non-
prescription 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.

JUSTIFICATION:

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

FISCAL IMPLICATIONS:

None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect sixty days after it shall become a law.

S1833-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1833

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 13, 2011
                                 ___________

  Introduced  by Sen. FLANAGAN -- 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-r to read as follows:

    S 391-R. 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,
  OFFERED FOR SALE, OR GAVE AWAY AS EITHER A RETAIL OR WHOLESALE PROMOTION

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06204-02-1

 S. 1833                             2

  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.