BILL NUMBER:  S3229

 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.



Salvia divinorum is banned in Australia, Denmark and Italy as well as
being highly regulated in other countries.  This substance is illegal
to sell to minors in Missouri.

 PRIOR LEGISLATIVE HISTORY :

2005-06: Passed Senate/Assembly Development Cmte.
2007-08: Passed Senate/Assembly Development Cmte.

 FISCAL IMPLICATIONS :

None.

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