What's happening
This bill prohibits the sale or distribution of salvia divinorum in New York State, with certain exceptions and penalties for violations.
Why it matters
Expands state authority over emerging psychoactive substances. by targeting salvia divinorum, a plant with hallucinogenic properties, even though it is not federally scheduled. This reflects growing concern about substances that may be legal at the federal level but are perceived as public health risks by states.
Imposes civil, not criminal, penalties. violators face fines up to $500 per incident, rather than jail time. This signals a regulatory approach aimed at deterring commercial sale rather than criminalizing individual users.
Includes a knowledge-based defense. for sellers, meaning businesses are not liable if they can reasonably prove they did not know a product contained salvia divinorum. This protects retailers from accidental violations and emphasizes intent in enforcement.
Carves out an exception for FDA-approved, nonprescription drugs. , ensuring that legitimate medical or pharmaceutical products containing salvia divinorum (if any were to be approved in the future) are not unintentionally restricted. This maintains access to regulated health products while targeting unregulated use.
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Who cares
Headline styles
Ban Salvia Sales Statewide
Plain English, a few words. Used as the page title.
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History
- Referred to economic development
- Referred to economic development
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3267
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Economic Development
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 Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 391-u to read as follows:
§ 391-u. 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-thecounter 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, partnership, 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.
LBD08203-01-7
A. 3267 2
salvia divinorum, did not have knowledge that it was salvia divinorum, if such knowledge was not reasonably discoverable.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.