New York S 5443: Relates to unlawful possession or sale of imitation drug paraphernalia

Bill Text

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S05443 Summary:

BILL NOS05443 

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SAME ASNo Same As

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SPONSORASHBY

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COSPNSR

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MLTSPNSR

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Add §220.57, Pen L

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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.

Go to top S05443 Actions:

BILL NOS05443 

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02/21/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05443 Committee&nbspVotes:

Go to topS05443 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05443 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 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.

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