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History
- Reported and committed to codes
- Notice of committee consideration - requested
- Referred to consumer protection
- Referred to consumer protection
Full text
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Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.