§ 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.
2. This article shall not apply to any sale, furnishing or possession which is lawful under section 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* NB Repealed July 5, 2028
