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.
STATE OF NEW YORK
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5443
2025-2026 Regular Sessions
IN SENATE
February 21, 2025
___________
Introduced by Sen. ASHBY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
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:
1 Section 1. The penal law is amended by adding a new section 220.57 to
2 read as follows:
3 § 220.57 Unlawful possession or sale of imitation drug paraphernalia.
4 1. A person is guilty of unlawful possession or sale of imitation drug
5 paraphernalia when such person knowingly possesses, purchases, delivers,
6 sells, or possesses with intent to sell or deliver any punch, die,
7 plate, stone, pill press, tableting machine, encapsulating machine or
8 any other equipment in order to print, imprint, or reproduce the trade-
9 mark, trade name or other identifying mark, imprint or device of another
10 or any likeness of any of the foregoing upon any substance or container
11 or labeling thereof knowing, intending, or having reasonable cause to
12 believe that it will be used to manufacture an imitation drug.
13 2. A regulated person may possess, purchase, deliver, sell, or possess
14 with intent to deliver or sell a punch, die, plate, stone, pill press,
15 tableting machine, encapsulating machine or any other equipment in order
16 to print, imprint, or reproduce the trademark, trade name or other iden-
17 tifying mark, imprint or device of another or any likeness of any of the
18 foregoing upon any substance or container or labeling thereof as part of
19 a regulated transaction with a regular customer or regular importer if
20 such regular customer or regular importer is in compliance with 21
21 U.S.C. s. 830. For purposes of this subdivision, the terms "regulated
22 person," "regulated transaction," "regular customer," and "regular
23 importer" have the same meanings as provided in 21 U.S.C. s. 802.
24 3. As used in this section the term "imitation drug" means a
25 substance, other than a drug, as defined in subdivision seven of section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08937-01-5
S. 5443 2
1 sixty-eight hundred two of the education law, that is not a drug, which
2 by dosage unit appearance, including color, shape and size and by a
3 representation is represented to be a drug. Evidence of representation
4 that the substance is a drug may include but is not limited to oral or
5 written representations by the manufacturer or seller, as the case may
6 be, about the substance with regard to:
7 (a) its price, nature, use or effect as a drug; or
8 (b) its packaging in a manner normally used for drugs; or
9 (c) markings on the substance.
10 Unlawful possession or sale of imitation drug paraphernalia is a class
11 A misdemeanor.
12 § 2. This act shall take effect on the thirtieth day after it shall
13 have become a law.
