New York S 3426: Relates to granting certain individuals youthful offender status or young adult offender status; repealer

Bill Text

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S03426 Summary:

BILL NOS03426 

&nbsp

SAME ASSAME AS A02699

&nbsp

SPONSORHELMING

&nbsp

COSPNSRASHBY, BORRELLO, OBERACKER, RHOADS, TEDISCO, WEIK

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MLTSPNSR

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Amd Art 13-F Art Head, §1399-aa, add Art 13-F §1399-mmm, Pub Health L

&nbsp

Prohibits individuals who are under the age of twenty-one to purchase or possess any products containing Kratom.

Go to top S03426 Actions:

BILL NOS03426 

&nbsp

01/27/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS03426 Committee&nbspVotes:

Go to topS03426 Floor&nbspVotes:

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

Go to topS03426 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3426

 2025-2026 Regular Sessions

 IN SENATE

 January 27, 2025
 ___________

 Introduced by Sens. HELMING, ASHBY, BORRELLO -- read twice and ordered
 printed, and when printed to be committed to the Committee on Health

 AN ACT to amend the public health law, in relation to the prohibition of
 the sale of kratom to individuals under the age of twenty-one

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The article heading of article 13-F of the public health
 2 law, as amended by chapter 448 of the laws of 2012, is amended to read
 3 as follows:
 4 REGULATION OF TOBACCO PRODUCTS, HERBAL CIGARETTES,
 5 KRATOM AND SMOKING PARAPHERNALIA; DISTRIBUTION
 6 TO MINORS
 7 § 2. Section 1399-aa of the public health law is amended by adding a
 8 new subdivision 19 to read as follows:
 9 19. "Kratom" means any part of the plant Mitragyna speciosa, whether
 10 growing or not, and any compound, manufacture, salt, derivative,
 11 mixture, or preparation of such plant.
 12 § 3. Article 13-F of the public health law is amended by adding a new
 13 section 1399-mmm to read as follows:
 14 § 1399-mmm. Sale of kratom prohibited. 1. No person shall knowingly
 15 sell or provide kratom to any other person under twenty-one years of
 16 age. Any person who violates the provisions of this subdivision shall be
 17 subject to a civil penalty of not more than five hundred dollars.
 18 2. (a) Any person operating a place of business wherein kratom is sold
 19 or offered for sale is prohibited from selling such kratom to individ-
 20 uals under twenty-one years of age, and shall post in a conspicuous
 21 place a sign upon which there shall be imprinted the following state-
 22 ment, "SALE OF KRATOM TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS
 23 PROHIBITED BY LAW". Such sign shall be printed on a white card in red
 24 letters at least one-half inch in height.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06184-01-5

 S. 3426 2

 1 (b) Sales of kratom shall be made only to an individual who demon-
 2 strates, through: (i) a valid driver's license or non-driver's iden-
 3 tification card issued by the commissioner of motor vehicles, the feder-
 4 al government, any United States territory, commonwealth or possession,
 5 the District of Columbia, a state government within the United States or
 6 a provincial government of the dominion of Canada; or (ii) a valid pass-
 7 port issued by the United States government or any other country, or
 8 (iii) an identification card issued by the armed forces of the United
 9 States, or (iv) any other photographic identification card issued by a
 10 governmental entity or educational institution indicating that the indi-
 11 vidual is at least twenty-one years of age. Such identification need not
 12 be required of any individual who reasonably appears to be at least
 13 twenty-five years of age, provided, however, that such appearance shall
 14 not constitute a defense in any proceeding alleging the sale of kratom
 15 to an individual under twenty-one years of age.
 16 (c) (i) Any person operating a place of business wherein kratom is
 17 sold or offered for sale may perform a transaction scan as a precondi-
 18 tion for such purchases.
 19 (ii) In any instance where the information deciphered by the trans-
 20 action scan fails to match the information printed on the driver's
 21 license or non-driver identification card, or if the transaction scan
 22 indicates that the information is false or fraudulen