N.Y. General Business Law 853 – Enforcement; limitation of scope
§ 853. Enforcement; limitation of scope. 1. The attorney general or any state or local health officer, town, village or city attorney, or the chief executive officer of a municipality may institute an action in a court of competent jurisdiction to enjoin any activity prohibited pursuant to section eight hundred fifty-one of this chapter. If such court finds that any person, firm or corporation has sold or offered for sale any drug-related paraphernalia, it shall assess civil penalties against such person, firm or corporation in an amount not less than one thousand dollars nor more than ten thousand dollars for each such violation.
Terms Used In N.Y. General Business Law 853
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Drug-related paraphernalia: consists of the following objects used for the following purposes:
(i) Kits, used or designed for the purpose of planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(ii) Kits, used or designed for the purpose of manufacturing, compounding, converting, producing, or preparing controlled substances;
(iii) Isomerization devices, used or designed for the purpose of increasing the potency of any species of plant which is a controlled substance;
(iv) Scales and balances, used or designed for the purpose of weighing or measuring controlled substances;
(v) Diluents and adulterants, including but not limited to quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or designed for the purpose of cutting controlled substances;
(vi) and
(vii) Objects, used or designed for the purpose of ingesting, inhaling, or otherwise introducing cocaine into the human body. See N.Y. General Business Law 850 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
2. This article shall not apply to any sale, furnishing or possession which is lawful under § 3381 of the public health law.
* 3. This article shall not apply to any sale, furnishing or possession which is for a lawful purpose under the cannabis law.
* NB Repealed July 5, 2028