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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7490REVISED 5/30/23
SPONSOR: Gunther TITLE OF BILL:
An act to amend the penal law, in relation to unlawful possession or
sale of imitation drug paraphernalia
PURPOSE OR GENERAL IDEA OF BILL:
To eliminate the sale of pill presses to non-regulated persons.
SUMMARY OF PROVISIONS:
Section 1 amends the penal law adding section 220.57. Part 1 delineates
the parameters of guilt surrounding a person who knowingly possesses,
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. Part 2 delineates that a regulated person may
possess, purchase, deliver, sell or possess a pill press or tableting
machine to reproduce a trademark, trade name, or other identifying mark
as part of a regulated transaction so long as the party is in compliance
with 21 U.S.0 S.830.
Part 3 Includes definitions.
Section 2 is the effective date.
JUSTIFICATION:
With the opioid crisis raging, and the availability of counterfeit pills
containing fentanyl skyrocketing, this legislation would aim to curtail
the ability of individuals to possess, purchase, deliver, or sell pill
presses. The bill will help to cut down on the influx of counterfeit
pills currently on the market that are leading to many of the new over-
dose deaths experienced in the State.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None to state.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7490
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11448-01-3
A. 7490 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.
