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Article 179 - NY Penal Law

CRIMINAL DIVERSION OF MEDICAL MARIHUANA

Section Offense Class
179.00Criminal diversion of medical marihuana; definitions. 
179.05Criminal diversion of medical marihuana; limitations. 
179.10Criminal diversion of medical marihuana in the first degree.E FELONY
179.11Criminal diversion of medical marihuana in the second degree.B MISD
179.15Criminal retention of medical marihuana.A MISD
     * NB Repealed July 5, 2021
* S 179.00 Criminal diversion of medical marihuana; definitions.
    The following definitions are applicable to this article:
    1.   "Medical marihuana"  means  medical  marihuana  as  defined  in
  subdivision eight of section thirty-three hundred sixty  of  the  public
  health law.
    2.   "Certification"   means   a  certification,  made  under  section
  thirty-three hundred sixty-one of the public health law.
    * NB Repealed July 5, 2021

* S 179.05 Criminal diversion of medical marihuana: limitations.
 The provisions of this article shall not apply to:
    1.  a  practitioner  authorized  to issue a certification who acted in
  good faith in the lawful course of his or her profession; or
    2. a registered organization as that term is  defined  in  subdivision
  nine  of section thirty-three hundred sixty of the public health law who
  acted in good faith in the lawful course of the practice of pharmacy; or
    3. a person who acted in good  faith  seeking  treatment  for  medical
  condition  or assisting another person to obtain treatment for a medical
  condition.
    * NB Repealed July 5, 2021

* S 179.10 Criminal diversion of medical marihuana in the first degree.
  A  person  is guilty of criminal diversion of medical marihuana in the
  first degree when he or she is a practitioner, as that term  is  defined
  in  subdivision  twelve  of  section  thirty-three  hundred sixty of the
  public  health  law,  who  issues  a  certification  with  knowledge  of
  reasonable  grounds  to  know that (i) the recipient has no medical need
  for it, or (ii) it is for a  purpose  other  than  to  treat  a  serious
  condition  as  defined  in  subdivision  seven  of  section thirty-three
  hundred sixty of the public health law.
    Criminal diversion of medical marihuana in the first degree is a class
  E felony.
    * NB Repealed July 5, 2021

S 179.11 Criminal diversion of medical marihuana in the second degree.
  A  person  is guilty of criminal diversion of medical marihuana in the
  second degree when he or  she  sells,  trades,  delivers,  or  otherwise
  provides  medical  marihuana  to  another  with  knowledge or reasonable
  grounds to know that the recipient is not registered under title  five-A
  of article thirty-three of the public health law.
    Criminal  diversion  of  medical  marihuana  in the second degree is a
  class B misdemeanor.
    * NB Repealed July 5, 2021

S 179.15 Criminal retention of medical marihuana.
  A  person  is  guilty of criminal retention of medical marihuana when,
  being a certified patient or designated caregiver, as  those  terms  are
  defined  in  subdivisions three and five of section thirty-three hundred
  sixty of the public  health  law,  respectively,  he  or  she  knowingly
  obtains, possesses, stores or maintains an amount of marihuana in excess
  of the amount he or she is authorized to possess under the provisions of
  title five-A of article thirty-three of the public health law.
    Criminal retention of medical marihuana is a class A misdemeanor.
    * NB Repealed July 5, 2021

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