Senate Bill S9875

2023-2024 Legislative Session

Relates to unlawful possession or sale of imitation drug paraphernalia

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S9875 (ACTIVE) - Details

See Assembly Version of this Bill:
A7490
Current Committee:
Senate Rules
Law Section:
Penal Law
Laws Affected:
Add §220.57, Pen L

2023-S9875 (ACTIVE) - Summary

Establishes the crime of unlawful possession or sale of imitation drug paraphernalia when such person knowingly possesses, purchases, delivers, sells, or possesses with intent to sell or deliver any punch, die, plate, stone, pill press, tableting machine, encapsulating machine or any other equipment in order to print, imprint, or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any substance or container or labeling thereof knowing, intending, or having reasonable cause to believe that it will be used to manufacture an imitation drug.

2023-S9875 (ACTIVE) - Sponsor Memo

2023-S9875 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9875
 
                             I N  S E N A T E
 
                               July 17, 2024
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, in relation  to  unlawful  possession  or
   sale of imitation drug paraphernalia
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section 220.57  to
 read as follows:
 § 220.57 UNLAWFUL POSSESSION OR SALE OF IMITATION DRUG PARAPHERNALIA.
   1. A PERSON IS GUILTY OF UNLAWFUL POSSESSION OR SALE OF IMITATION DRUG
 PARAPHERNALIA WHEN SUCH PERSON KNOWINGLY POSSESSES, PURCHASES, DELIVERS,
 SELLS,  OR  POSSESSES  WITH  INTENT  TO  SELL OR DELIVER ANY PUNCH, DIE,
 PLATE, STONE, PILL PRESS, TABLETING MACHINE,  ENCAPSULATING  MACHINE  OR
 ANY  OTHER EQUIPMENT IN ORDER TO PRINT, IMPRINT, OR REPRODUCE THE TRADE-
 MARK, TRADE NAME OR OTHER IDENTIFYING MARK, IMPRINT OR DEVICE OF ANOTHER
 OR ANY LIKENESS OF ANY OF THE FOREGOING UPON ANY SUBSTANCE OR  CONTAINER
 OR  LABELING  THEREOF  KNOWING, INTENDING, OR HAVING REASONABLE CAUSE TO
 BELIEVE THAT IT WILL BE USED TO MANUFACTURE AN IMITATION DRUG.
   2. A REGULATED PERSON MAY POSSESS, PURCHASE, DELIVER, SELL, OR POSSESS
 WITH INTENT TO DELIVER OR SELL A PUNCH, DIE, PLATE, STONE,  PILL  PRESS,
 TABLETING MACHINE, ENCAPSULATING MACHINE OR ANY OTHER EQUIPMENT IN ORDER
 TO PRINT, IMPRINT, OR REPRODUCE THE TRADEMARK, TRADE NAME OR OTHER IDEN-
 TIFYING MARK, IMPRINT OR DEVICE OF ANOTHER OR ANY LIKENESS OF ANY OF THE
 FOREGOING UPON ANY SUBSTANCE OR CONTAINER OR LABELING THEREOF AS PART OF
 A  REGULATED  TRANSACTION WITH A REGULAR CUSTOMER OR REGULAR IMPORTER IF
 HE OR SHE IS IN COMPLIANCE WITH 21 U.S.C. S. 830. FOR PURPOSES  OF  THIS
 SUBDIVISION,  THE  TERMS  "REGULATED  PERSON,"  "REGULATED TRANSACTION,"
 "REGULAR CUSTOMER," AND "REGULAR IMPORTER" HAVE  THE  SAME  MEANINGS  AS
 PROVIDED IN 21 U.S.C. S. 802.
   3.  AS  USED  IN  THIS  SECTION  THE  TERM  "IMITATION  DRUG"  MEANS A
 SUBSTANCE, OTHER THAN A DRUG, AS DEFINED IN SUBDIVISION SEVEN OF SECTION
 SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW, THAT IS NOT A DRUG,  WHICH
 BY  DOSAGE  UNIT  APPEARANCE,  INCLUDING  COLOR, SHAPE AND SIZE AND BY A
 REPRESENTATION IS REPRESENTED TO BE A DRUG. EVIDENCE  OF  REPRESENTATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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