STATE OF NEW YORK
________________________________________________________________________
9068
IN ASSEMBLY
January 21, 2016
___________
Introduced by M. of A. LINARES -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the general business law, the public health law and the
penal law, in relation to prohibiting the manufacture, sale and
possession of kratom products created from the mitragyna speciosa
plant
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 399-hh to read as follows:
3 § 399-hh. Sale or distribution of kratom; prohibited. 1. For purposes
4 of this section "kratom" shall mean any part of the plant mitragyna
5 speciosa, whether growing or not, and any compound, manufacture, salt,
6 derivative, mixture, or preparation of such plant.
7 2. Until the food and drug administration approved the use of such, no
8 person, firm, corporation, partnership, association, limited liability
9 company or other entity shall sell, offer for sale, distribute or give
10 away, for retail, wholesale or promotional purposes, kratom.
11 3. Any person, firm, corporation, partnership, association, limited
12 liability company or other entity that is found by a local criminal
13 court, as defined in subdivision three of section 10.10 of the criminal
14 procedure law, to have violated the provisions of subdivision two of
15 this section shall be subject to a civil penalty of two thousand
16 dollars.
17 § 2. Subdivision (b) of schedule I of section 3306 of the public
18 health law, is amended by adding a new paragraph 35-a to read as
19 follows:
20 (35-a) Mitragyna speciosa.
21 § 3. The penal law is amended by adding a new section 220.79 to read
22 as follows:
23 § 220.79 Unlawful manufacture of kratom products.
24 A person is guilty of unlawful manufacture of kratom products when he
25 or she uses any part of the plant mitragyna speciosa, whether growing or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13599-02-6
A. 9068 2
1 not, to create any compound, salt, derivative, mixture or any other
2 preparation of such plant.
3 Unlawful manufacture of kratom products is a class D felony.
4 § 4. This act shall take effect immediately; provided, however, that
5 the provisions of sections one, two and three of this act shall expire
6 upon the occurrence of the food and drug administration's approval of
7 the use of mitragyna speciosa, when upon such date the provisions of
8 such sections shall be deemed repealed; provided further that the
9 commissioner of health shall notify the legislative bill drafting
10 commission upon such date the food and drug administration approves the
11 use of mitragyna speciosa in order that the commission may maintain an
12 accurate and timely effective data base of the official text of the laws
13 of the state of New York in furtherance of effectuating the provisions
14 of section 44 of the legislative law and section 70-b of the public
15 officers law.
