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S08520 Summary:

BILL NOS08520
 
SAME ASSAME AS A08961
 
SPONSORFERNANDEZ
 
COSPNSR
 
MLTSPNSR
 
Amd §850, Gen Bus L
 
Relates to the definition of drug-related paraphernalia; clarifies that drug-related paraphernalia shall not impact substances that are not considered controlled substances.
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S08520 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8520
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     October 3, 2025
                                       ___________
 
        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN  ACT to amend the general business law, in relation to clarifying the
          definition of drug-related paraphernalia
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 2 of section 850 of the general business law,
     2  as amended by chapter 433 of the laws of 2021 and subparagraph (vii)  of
     3  paragraph  (a)  as separately amended by chapter 92 of the laws of 2021,
     4  is amended to read as follows:
     5    2. (a) "Drug-related paraphernalia" consists of the following  objects
     6  used for the following purposes:
     7    (i)  Kits,  used or designed for the purpose of planting, propagating,
     8  cultivating, growing or harvesting of any species of plant  which  is  a
     9  controlled  substance  or  from  which  a  controlled  substance  can be
    10  derived;
    11    (ii)  Kits,  used  or  designed  for  the  purpose  of  manufacturing,
    12  compounding, converting, producing, or preparing controlled substances;
    13    (iii)  Isomerization  devices,  used  or  designed  for the purpose of
    14  increasing the potency of any species of plant  which  is  a  controlled
    15  substance;
    16    (iv) Scales and balances, used or designed for the purpose of weighing
    17  or measuring controlled substances; and
    18    (v)  Diluents  and  adulterants,  including but not limited to quinine
    19  hydrochloride, mannitol, mannite, dextrose and lactose, used or designed
    20  for the purpose of cutting controlled substances[;
    21    (vi) and
    22    (vii) Objects, used or designed for the purpose of  ingesting,  inhal-
    23  ing, or otherwise introducing cocaine into the human body].
    24    (b)   "Drug-related   paraphernalia"  shall  not  include  [hypodermic
    25  needles, hypodermic syringes and other objects used for the  purpose  of
    26  parenterally  injecting controlled substances] materials used to inject,
    27  inhale, ingest or otherwise introduce a substance into the human body.
    28    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13548-01-5
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