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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9875
IN SENATE
July 17, 2024
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Introduced by Sen. ASHBY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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 he or she is in compliance with 21 U.S.C. s. 830. For purposes of this
21 subdivision, the terms "regulated person," "regulated transaction,"
22 "regular customer," and "regular importer" have the same meanings as
23 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
26 sixty-eight hundred two of the education law, that is not a drug, which
27 by dosage unit appearance, including color, shape and size and by a
28 representation is represented to be a drug. Evidence of representation
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11448-01-3
S. 9875 2
1 that the substance is a drug may include but is not limited to oral or
2 written representations by the manufacturer or seller, as the case may
3 be, about the substance with regard to:
4 (a) its price, nature, use or effect as a drug; or
5 (b) its packaging in a manner normally used for drugs; or
6 (c) markings on the substance.
7 Unlawful possession or sale of imitation drug paraphernalia is a class
8 A misdemeanor.
9 § 2. This act shall take effect on the thirtieth day after it shall
10 have become a law.
