New York Law

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Article 220 - NY Penal Law

CONTROLLED SUBSTANCES OFFENSES
220.00 Controlled substances; definitions.
220.03 Criminal possession of a controlled substance in the seventh degree. A MISD
220.06 Criminal possession of a controlled substance in the fifth degree. D FELONY
220.09 Criminal possession of a controlled substance in the fourth degree. C FELONY
220.16 Criminal possession of a controlled substance in the third degree. B FELONY
220.18 Criminal possession of a controlled substance in the second degree. A-II FELONY
220.21 Criminal possession of a controlled substance in the first degree. A-I FELONY
220.25 Criminal possession of a controlled substance; presumption.
220.28 Use of a child to commit a controlled substance offense. E FELONY
220.31 Criminal sale of a controlled substance in the fifth degree. D FELONY
220.34 Criminal sale of a controlled substance in the fourth degree. C FELONY
220.39 Criminal sale of a controlled substance in the third degree. B FELONY
220.41 Criminal sale of a controlled substance in the second degree. A-II FELONY
220.43 Criminal sale of a controlled substance in the first degree. A-I FELONY
220.44 Criminal sale of a controlled substance in or near school grounds. B FELONY
220.45 Criminally possessing a hypodermic instrument. A MISD
220.46 Criminal injection of a narcotic drug. E FELONY
220.48 Criminal sale of a controlled substance to a child. B FELONY
220.50 Criminally using drug paraphernalia in the second degree. B MISD
220.55 Criminally using drug paraphernalia in the first degree. D FELONY
220.60 Criminal possession of precursors of controlled substances. E FELONY
220.65 Criminal sale of a prescription for a controlled substance. C FELONY
220.70 Criminal possession of methamphetamine manufacturing material
             in the second degree. A MISD
220.71 Criminal possession of methamphetamine manufacturing material
             in the first degree. E FELONY
220.72 Criminal possession of precursors of methamphetamine. E FELONY
220.73 Unlawful manufacture of methamphetamine in the third degree. D FELONY
220.74 Unlawful manufacture of methamphetamine in the second degree. C FELONY
220.75 Unlawful manufacture of methamphetamine in the first degree. B FELONY
220.76 Unlawful disposal of methamphetamine laboratory material. E FELONY
220.77 Operating as a major trafficker. A-I FELONY
220.78 Witness or victim of drug or alcohol overdose.
		
S 220.00 Controlled substances; definitions.
  1. "Sell" means to sell, exchange, give or dispose of to another, or
to offer or agree to do the same.
  2. "Unlawfully" means in violation of article thirty-three of the
public health law.
  3. "Ounce" means an avoirdupois ounce as applied to solids or
semisolids, and a fluid ounce as applied to liquids.
  4. "Pound" means an avoirdupois pound.
  5. "Controlled substance" means any substance listed in schedule I,
II, III, IV or V of section thirty-three hundred six of the public
health law other than marihuana, but including concentrated cannabis as
defined in paragraph (a) of subdivision four of section thirty-three
hundred two of such law.
  6. "Marihuana" means "marihuana" or "concentrated cannabis" as those
terms are defined in section thirty-three hundred two of the public
health law.
  7. "Narcotic drug" means any controlled substance listed in schedule
I(b), I(c), II(b) or II(c) other than methadone.
  8. "Narcotic preparation" means any controlled substance listed in
schedule II(b-1), III(d) or III(e).
  9. "Hallucinogen" means any controlled substance listed in schedule
I(d) (5), (18), (19), (20), (21) and (22).
  10. "Hallucinogenic substance" means any controlled substance listed
in schedule I(d) other than concentrated cannabis, lysergic acid
diethylamide, or an hallucinogen.
  11. "Stimulant" means any controlled substance listed in schedule
I(f),II(d).
  12. "Dangerous depressant" means any controlled substance listed in
schedule I(e)(2), (3), II(e), III(c)(3) or IV(c)(2), (31), (32), (40).
  13. "Depressant" means any controlled substance listed in schedule
IV(c) except (c)(2), (31), (32), (40).
  14. "School grounds" means (a) in or on or within any building,
structure, athletic playing field, playground or land contained within
the real property boundary line of a public or private elementary,
parochial, intermediate, junior high, vocational, or high school, or (b)
any area accessible to the public located within one thousand feet of
the real property boundary line comprising any such school or any parked
automobile or other parked vehicle located within one thousand feet of
the real property boundary line comprising any such school. For the
purposes of this section an "area accessible to the public" shall mean
sidewalks, streets, parking lots, parks, playgrounds, stores and
restaurants.
  15. "Prescription for a controlled substance" means a direction or
authorization, by means of an official New York state prescription form,
a written prescription form or an oral prescription, which will permit a
person to lawfully obtain a controlled substance from any person
authorized to dispense controlled substances.
  16. For the purposes  of  sections  220.70,  220.71,  220.72,  220.73,
220.74, 220.75 and 220.76 of this article:
  (a)  "Precursor" means ephedrine, pseudoephedrine, or any salt, isomer
or salt of an isomer of such substances.
  (b) "Chemical reagent" means a chemical reagent that can  be  used  in
the manufacture, production or preparation of methamphetamine.
  (c)  "Solvent"  means  a  solvent that can be used in the manufacture,
production or preparation of methamphetamine.
  (d) "Laboratory equipment" means any items,  components  or  materials
that  can  be  used  in  the  manufacture,  preparation or production of
methamphetamine.
  (e)  "Hazardous  or  dangerous  material"  means  any  substance,   or
combination  of  substances,  that  results  from  or  is  used  in  the
manufacture, preparation or production of methamphetamine which, because
of its quantity, concentration, or physical or chemical characteristics,
poses  a  substantial  risk  to human health or safety, or a substantial
danger to the environment.
  17. "School bus" means every  motor  vehicle  owned  by  a  public  or
governmental   agency   or   private   school   and   operated  for  the
transportation of  pupils,  teachers  and  other  persons  acting  in  a
supervisory  capacity,  to  or  from  school  or  school  activities  or
privately owned and operated for compensation for the transportation  of
pupils,  children  of  pupils,  teachers  and  other persons acting in a
supervisory capacity to or from school or school activities.
  18. "Controlled substance organization" means  four  or  more  persons
sharing  a  common  purpose  to  engage  in  conduct that constitutes or
advances the commission of a felony under this article.
  19. "Director" means a person  who  is  the  principal  administrator,
organizer,  or  leader  of a controlled substance organization or one of
several principal administrators, organizers, or leaders of a controlled
substance organization.
  20. "Profiteer" means a person who: (a) is a director of a  controlled
substance  organization;  (b)  is  a  member  of  a controlled substance
organization and has managerial responsibility over one  or  more  other
members  of  that organization; or (c) arranges, devises or plans one or
more transactions constituting a felony under  this  article  so  as  to
obtain profits or expected profits. A person is not a profiteer if he or
she  is  acting  only  as  an  employee; or if he or she is acting as an
accommodation to a friend or relative; or if he or she  is  acting  only
under  the direction and control of others and exercises no substantial,
independent role in arranging or directing the transactions in question.

S 220.03 Criminal possession of a controlled substance in the seventh degree.
    A person is guilty of criminal possession of a controlled substance in
  the seventh degree when he or she knowingly and unlawfully  possesses  a
  controlled  substance;  provided,  however,  that  it  shall  not  be  a
  violation of this section when a person possesses a residual amount of a
  controlled substance and that residual amount is in or on  a  hypodermic
  syringe  or hypodermic needle obtained and possessed pursuant to section
  thirty-three hundred eighty-one of the public health law; nor  shall  it
  be  a violation of this section when a person's unlawful possession of a
  controlled substance is discovered as  a  result  of  seeking  immediate
  health  care as defined in paragraph (b) of subdivision three of section
  220.78 of the penal law, for either another person  or  him  or  herself
  because  such person is experiencing a drug or alcohol overdose or other
  life threatening medical  emergency  as  defined  in  paragraph  (a)  of
  subdivision three of section 220.78 of the penal law.
    Criminal possession of a controlled substance in the seventh degree is a
 class A misdemeanor.

S 220.06 Criminal possession of a controlled substance in the fifth degree.
   A person is guilty of criminal possession of a controlled substance in
  the fifth degree when he knowingly and unlawfully possesses:
    1. a controlled substance with intent to sell it; or
    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing  a  narcotic  preparation  and  said preparations, compounds,
  mixtures or substances are of an aggregate weight of one-half  ounce  or
  more; or
    3.  phencyclidine  and  said  phencyclidine weighs fifty milligrams or
  more; or
    4.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing   concentrated  cannabis  as  defined  in  paragraph  (a)  of
  subdivision four of section  thirty-three  hundred  two  of  the  public
  health  law and said preparations, compounds, mixtures or substances are
  of an aggregate weight of one-fourth ounce or more; or
    5. cocaine and said cocaine weighs five hundred milligrams or more.
    6.  ketamine  and  said  ketamine  weighs  more  than   one   thousand
  milligrams; or
    7.  ketamine  and  has  previously been convicted of possession or the
  attempt to commit possession of ketamine in any amount; or
    8.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
  subdivision (e) of schedule I of section thirty-three hundred six of the
  public  health  law,  and  said  preparations,  compounds,  mixtures  or
  substances are of an aggregate weight of twenty-eight grams or more.
  Criminal possession of a controlled substance in the fifth degree is a
 class D felony.

S 220.09 Criminal possession of a controlled substance in the fourth degree.
  A person is guilty of criminal possession of a controlled substance in
  the fourth degree when he knowingly and unlawfully possesses:
    1.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing a narcotic drug and said preparations, compounds, mixtures or
  substances are of an aggregate weight of one-eighth ounce or more; or
    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing methamphetamine, its salts, isomers or salts of  isomers  and
  said preparations, compounds, mixtures or substances are of an aggregate
  weight of one-half ounce or more; or
    3.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing a narcotic  preparation  and  said  preparations,  compounds,
  mixtures or substances are of an aggregate weight of two ounces or more;
  or
    4. a stimulant and said stimulant weighs one gram or more; or
    5.  lysergic  acid  diethylamide  and  said lysergic acid diethylamide
  weighs one milligram or more; or
    6. a hallucinogen and said hallucinogen weighs twenty-five  milligrams
  or more; or
    7. a hallucinogenic substance and said hallucinogenic substance weighs
  one gram or more; or
    8.  a  dangerous  depressant  and such dangerous depressant weighs ten
  ounces or more; or
    9. a depressant and such depressant weighs two pounds or more; or
    10. one  or  more  preparations,  compounds,  mixtures  or  substances
  containing   concentrated  cannabis  as  defined  in  paragraph  (a)  of
  subdivision four of section  thirty-three  hundred  two  of  the  public
  health  law and said preparations, compounds, mixtures or substances are
  of an aggregate weight of one ounce or more; or
    11. phencyclidine and said  phencyclidine  weighs  two  hundred  fifty
  milligrams or more; or
    12. methadone and said methadone weighs three hundred sixty milligrams
  or more; or
    13.  phencyclidine  and  said phencyclidine weighs fifty milligrams or
  more with intent to sell it and has  previously  been  convicted  of  an
  offense  defined  in this article or the attempt or conspiracy to commit
  any such offense; or
    14. ketamine and said ketamine  weighs  four  thousand  milligrams  or
  more; or
    15.  one  or  more  preparations,  compounds,  mixtures  or substances
  containing gamma hydroxybutyric acid, as defined in  paragraph  four  of
  subdivision (e) of schedule I of section thirty-three hundred six of the
  public  health  law,  and  said  preparations,  compounds,  mixtures  or
  substances are of an aggregate weight of two hundred grams or more.
  Criminal possession of a controlled substance in the fourth degree is
 a class C felony.

S 220.16 Criminal possession of a controlled substance in the third degree.
   A person is guilty of criminal possession of a controlled substance in
  the third degree when he knowingly and unlawfully possesses:
    1. a narcotic drug with intent to sell it; or
    2. a stimulant, hallucinogen, hallucinogenic  substance,  or  lysergic
  acid  diethylamide,  with intent to sell it and has previously been con-
  victed of an offense defined  in  article  two  hundred  twenty  or  the
  attempt or conspiracy to commit any such offense; or
    3.    a stimulant with intent to sell it and said stimulant weighs one
  gram or more; or
    4.   lysergic acid diethylamide  with  intent  to  sell  it  and  said
  lysergic acid diethylamide weighs one milligram or more; or
    5.  a hallucinogen with intent to sell it and said hallucinogen weighs
  twenty-five milligrams or more; or
    6.    a  hallucinogenic  substance  with  intent  to  sell it and said
  hallucinogenic substance weighs one gram or more; or
    7.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing  methamphetamine, its salts, isomers or salts of isomers with
  intent  to  sell  it  and  said  preparations,  compounds,  mixtures  or
  substances are of an aggregate weight of one-eighth ounce or more; or
    8.  a stimulant and said stimulant weighs five grams or more; or
    9.    lysergic  acid  diethylamide and said lysergic acid diethylamide
  weighs five milligrams or more; or
    10.    a  hallucinogen  and  said  hallucinogen  weighs  one   hundred
  twenty-five milligrams or more; or
    11.    a  hallucinogenic  substance  and said hallucinogenic substance
  weighs five grams or more; or
    12. one  or  more  preparations,  compounds,  mixtures  or  substances
  containing a narcotic drug and said preparations, compounds, mixtures or
  substances are of an aggregate weight of one-half ounce or more; or
    13.    phencyclidine  and  said  phencyclidine weighs one thousand two
  hundred fifty milligrams or more.
  Criminal possession of a controlled substance in the third degree is a
 class B felony.

S 220.18 Criminal possession of a controlled substance in the second degree.
   A person is guilty of criminal possession of a controlled substance in
  the second degree when he or she knowingly and unlawfully possesses:
    1.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing a narcotic drug and said preparations, compounds, mixtures or
  substances are of an aggregate weight of four ounces or more; or
    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing methamphetamine, its salts, isomers or salts of  isomers  and
  said preparations, compounds, mixtures or substances are of an aggregate
  weight of two ounces or more; or
    3. a stimulant and said stimulant weighs ten grams or more; or
    4.  lysergic  acid  diethylamide  and  said lysergic acid diethylamide
  weighs twenty-five milligrams or more; or
    5. a hallucinogen and said hallucinogen weighs six hundred twenty-five
  milligrams or more; or
    6. a hallucinogenic substance and said hallucinogenic substance weighs
  twenty-five grams or more; or
    7. methadone and said methadone  weighs  two  thousand  eight  hundred
  eighty milligrams or more.
  Criminal possession of a controlled substance in the second degree is a
 class A-II felony.

S 220.21 Criminal possession of a controlled substance in the first degree.
   A person is guilty of criminal possession of a controlled substance in
  the first degree when he or she knowingly and unlawfully possesses:
    1.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing a narcotic drug and said preparations, compounds, mixtures or
  substances are of an aggregate weight of eight ounces or more; or
    2.  methadone  and  said  methadone weighs five thousand seven hundred
  sixty milligrams or more.
  Criminal possession of a controlled substance in the first degree is a
 class A-I felony.

S 220.25 Criminal possession of a controlled substance; presumption.
    1. The presence of a controlled substance in an automobile, other than
  a  public omnibus, is presumptive evidence of knowing possession thereof
  by each and every person in the automobile at the time  such  controlled
  substance  was found; except that such presumption does not apply (a) to
  a duly licensed operator of an automobile who is at the  time  operating
  it for hire in the lawful and proper pursuit of his trade, or (b) to any
  person  in the automobile if one of them, having obtained the controlled
  substance and not being under duress, is authorized to  possess  it  and
  such  controlled  substance is in the same container as when he received
  possession thereof, or (c) when the controlled  substance  is  concealed
  upon the person of one of the occupants.
    2. The presence of a narcotic drug, narcotic preparation, marihuana or
  phencyclidine  in  open view in a room, other than a public place, under
  circumstances evincing an intent to unlawfully mix, compound, package or
  otherwise prepare for sale  such  controlled  substance  is  presumptive
  evidence of knowing possession thereof by each and every person in close
  proximity  to  such  controlled  substance  at  the time such controlled
  substance was found; except that such presumption does not apply to  any
  such  persons  if  (a)  one  of  them,  having  obtained such controlled
  substance and not being under duress, is authorized to  possess  it  and
  such  controlled  substance is in the same container as when he received
  possession thereof, or (b) one of them  has  such  controlled  substance
  upon his person.

S 220.28 Use of a child to commit a controlled substance offense.
  1.  A  person  is  guilty  of  use  of  a child to commit a controlled
substance offense when, being eighteen years old  or  more,  he  or  she
commits a felony sale or felony attempted sale of a controlled substance
in  violation of this article and, as part of that criminal transaction,
knowingly uses  a  child  to  effectuate  such  felony  sale  or  felony
attempted sale of such controlled substance.
  2.  For  purposes  of  this  section,  "uses a child to effectuate the
felony sale or felony attempted sale of such controlled substance" means
conduct by which the actor: (a) conceals such controlled substance on or
about the body or person of such child for the purpose  of  effectuating
the  criminal  sale  or attempted sale of such controlled substance to a
third person; or (b) directs, forces or otherwise requires such child to
sell or attempt to sell or offer direct assistance to the  defendant  in
selling  or  attempting  to  sell  such  controlled substance to a third
person.
  For purposes of this section, "child" means a person less than sixteen
years of age.
  Use of a child to commit a controlled substance offense is a class E felony.

S 220.31 Criminal sale of a controlled substance in the fifth degree.
  A person is guilty of criminal sale of a controlled substance in the
fifth degree when he knowingly and unlawfully sells a controlled
substance.
  Criminal sale of a controlled substance in the fifth degree is a class D felony.

S 220.34 Criminal sale of a controlled substance in the fourth degree.
    A  person  is guilty of criminal sale of a controlled substance in the
  fourth degree when he knowingly and unlawfully sells:
    1. a narcotic preparation; or
    2. a dangerous depressant or a depressant and the dangerous depressant
  weighs ten ounces or more, or the depressant weighs two pounds or  more;
  or
    3.  concentrated  cannabis  as defined in paragraph (a) of subdivision
  four of section thirty-three hundred two of the public health law; or
    4. phencyclidine and the  phencyclidine  weighs  fifty  milligrams  or
  more; or
    5. methadone; or
    6. any amount of phencyclidine and has previously been convicted of an
  offense  defined  in this article or the attempt or conspiracy to commit
  any such offense; or
    6-a. ketamine and said ketamine weighs  four  thousand  milligrams  or
  more.
    7.  a  controlled  substance  in  violation  of section 220.31 of this
  article, when such sale takes place upon school grounds or on  a  school
  bus; or
    8.  a  controlled  substance  in  violation  of section 220.31 of this
  article, when such sale takes place upon the grounds of a child day care
  or educational facility under circumstances evincing  knowledge  by  the
  defendant  that  such sale is taking place upon such grounds. As used in
  this subdivision, the phrase  "the  grounds  of  a  child  day  care  or
  educational  facility"  shall  have  the same meaning as provided for in
  subdivision five of section 220.44 of this article. For the purposes  of
  this  subdivision,  a rebuttable presumption shall be established that a
  person has knowledge that they are within the grounds  of  a  child  day
  care  or educational facility when notice is conspicuously posted of the
  presence or proximity of such facility; or
    9.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing  gamma  hydroxybutyric  acid, as defined in paragraph four of
  subdivision (e) of schedule I of section thirty-three hundred six of the
  public  health  law,  and  said  preparations,  compounds,  mixtures  or
  substances are of an aggregate weight of twenty-eight grams or more.
  Criminal sale of a controlled substance in the fourth degree is a
class C felony.

S 220.39 Criminal sale of a controlled substance in the third degree.
    A  person  is guilty of criminal sale of a controlled substance in the
  third degree when he knowingly and unlawfully sells:
    1. a narcotic drug; or
    2. a stimulant, hallucinogen, hallucinogenic  substance,  or  lysergic
  acid  diethylamide  and  has  previously  been  convicted  of an offense
  defined in article two hundred twenty or the attempt  or  conspiracy  to
  commit any such offense; or
    3. a stimulant and the stimulant weighs one gram or more; or
    4.  lysergic  acid  diethylamide  and  the  lysergic acid diethylamide
  weighs one milligram or more; or
    5. a hallucinogen and the hallucinogen weighs  twenty-five  milligrams
  or more; or
    6.  a hallucinogenic substance and the hallucinogenic substance weighs
  one gram or more; or
    7.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing  methamphetamine,  its salts, isomers or salts of isomers and
  the preparations, compounds, mixtures or substances are of an  aggregate
  weight of one-eighth ounce or more; or
    8.  phencyclidine  and  the  phencyclidine  weighs  two  hundred fifty
  milligrams or more; or
    9. a narcotic preparation to a person less than twenty-one years old.
    Criminal sale of a controlled substance in the third degree is a
class B felony.

S 220.41 Criminal sale of a controlled substance in the second degree.
    A  person  is guilty of criminal sale of a controlled substance in the
  second degree when he knowingly and unlawfully sells:
    1.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing  a narcotic drug and the preparations, compounds, mixtures or
  substances are of an aggregate weight of one-half ounce or more; or
    2.  one  or  more  preparations,  compounds,  mixtures  or  substances
  containing  methamphetamine,  its salts, isomers or salts of isomers and
  the preparations, compounds, mixtures or substances are of an  aggregate
  weight of one-half ounce or more; or
    3.  a stimulant and the stimulant weighs five grams or more; or
    4.    lysergic  acid  diethylamide  and the lysergic acid diethylamide
  weighs five milligrams or more; or
    5.  a hallucinogen and the hallucinogen weighs one hundred twenty-five
  milligrams or more; or
    6.  a hallucinogenic substance and the hallucinogenic substance weighs
  five grams or more; or
    7.  methadone and the methadone weighs three hundred sixty  milligrams
  or more.
  Criminal sale of a controlled substance in the second degree is a
class A-II felony.

S 220.43 Criminal sale of a controlled substance in the first degree.
  A person is guilty of criminal sale of a controlled substance in the
first degree when he knowingly and unlawfully sells:
  1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and the preparations, compounds, mixtures or
substances are of an aggregate weight of two ounces or more; or
  2.  methadone and the methadone weighs two thousand eight hundred
eighty milligrams or more.
  Criminal sale of a controlled substance in the first degree is a
class A-I felony.

S 220.44 Criminal sale of a controlled substance in or near school grounds.
  A person is guilty of criminal sale of a controlled substance in or
near school grounds when he knowingly and unlawfully sells:
  1. a controlled substance in violation of any one of subdivisions one
through six-a of section 220.34 of this article, when such sale takes
 place upon school grounds or on a school bus; or
  2. a controlled substance in violation of any one of subdivisions one
through eight of section 220.39 of this article, when such sale takes
 place upon school grounds or on a school bus; or
  3. a controlled substance in violation of any one of subdivisions one
through six of section 220.34 of this article, when such sale takes
place upon the grounds of a child day care or educational facility under
circumstances evincing knowledge by the defendant that such sale is
taking place upon such grounds; or
  4. a controlled substance in violation of any one of subdivisions one
through eight of section 220.39 of this article, when such sale takes
place upon the grounds of a child day care or educational facility under
circumstances evincing knowledge by the defendant that such sale is
taking place upon such grounds.
  5. For purposes of subdivisions three and four of this section, "the
grounds of a child day care or educational facility" means (a) in or on
or within any building, structure, athletic playing field, a playground
or land contained within the real property boundary line of a public or
private child day care center as such term is defined in paragraph (c)
of subdivision one of section three hundred ninety of the social
services law, or nursery, pre-kindergarten or kindergarten, or (b) any
area accessible to the public located within one thousand feet of the
real property boundary line comprising any such facility or any parked
automobile or other parked vehicle located within one thousand feet of
the real property boundary line comprising any such facility. For the
purposes of this section an "area accessible to the public" shall mean
sidewalks, streets, parking lots, parks, playgrounds, stores and
restaurants.
  6. For the purposes of this section, a rebuttable presumption shall be
established that a person has knowledge that they are within the grounds
of a child day care or educational facility when notice is conspicuously
posted of the presence or proximity of such facility.
 Criminal sale of a controlled substance in or near school grounds
is a class B felony.

S 220.45 Criminally possessing a hypodermic instrument.
  A  person  is  guilty of criminally possessing a hypodermic instrument
when he or she knowingly and unlawfully possesses or sells a  hypodermic
syringe  or  hypodermic  needle.  It  shall  not  be a violation of this
section when a person obtains and  possesses  a  hypodermic  syringe  or
hypodermic needle pursuant to section thirty-three hundred eighty-one of
the public health law.
  Criminally possessing a hypodermic instrument is a class A misdemeanor.

S 220.46 Criminal injection of a narcotic drug.
  A person is guilty of criminal injection of a narcotic drug when he
knowingly and unlawfully possesses a narcotic drug and he intentionally
injects by means of a hypodermic syringe or hypodermic needle all or any
portion of that drug into the body of another person with the latter`s
consent.
  Criminal injection of a narcotic drug is a class E felony.

S 220.48 Criminal sale of a controlled substance to a child.
 A person  is  guilty  of criminal sale of a controlled substance to a
child when, being over twenty-one years old, he  or  she  knowingly  and
unlawfully  sells  a controlled substance in violation of section 220.34
or 220.39 of this article to a person less than seventeen years old.
  Criminal sale of a controlled substance to a child is a class B felony.

S 220.50 Criminally using drug paraphernalia in the second degree.
    A  person  is  guilty  of  criminally  using drug paraphernalia in the
  second degree when he knowingly possesses or sells:
    1. Diluents, dilutants or adulterants, including but not  limited  to,
  any  of the following: quinine hydrochloride, mannitol, mannite, lactose
  or dextrose, adapted for the dilution of narcotic  drugs  or  stimulants
  under  circumstances  evincing  an intent to use, or under circumstances
  evincing knowledge that  some  person  intends  to  use,  the  same  for
  purposes  of  unlawfully mixing, compounding, or otherwise preparing any
  narcotic drug or stimulant; or
    2. Gelatine capsules, glassine envelopes, vials, capsules or any other
  material suitable for the packaging of individual quantities of narcotic
  drugs or stimulants under circumstances evincing an intent  to  use,  or
  under  circumstances evincing knowledge that some person intends to use,
  the same for the  purpose  of  unlawfully  manufacturing,  packaging  or
  dispensing of any narcotic drug or stimulant; or
    3. Scales and balances used or designed for the purpose of weighing or
  measuring  controlled substances, under circumstances evincing an intent
  to use, or under  circumstances  evincing  knowledge  that  some  person
  intends  to  use,  the  same  for  purpose  of unlawfully manufacturing,
  packaging or dispensing of any narcotic drug or stimulant.
  Criminally using drug paraphernalia in the second degree is a
class A misdemeanor.

S 220.55 Criminally using drug paraphernalia in the first degree.
  A person is guilty of criminally using drug paraphernalia in the first
degree when he commits the crime of criminally using drug paraphernalia
in the second degree and he has previously been convicted of criminally
using drug paraphernalia in the second degree.
  Criminally using drug paraphernalia in the first degree is a class D felony.

S 220.60 Criminal possession of precursors of controlled substances.
    A  person  is  guilty  of  criminal  possession  of precursors of con-
  trolled substances when, with intent to manufacture  a  controlled  sub-
  stance unlawfully, he possesses at the same time:
    (a)   carbamide  (urea)  and  propanedioc  and  malonic  acid  or  its
  derivatives; or
    (b) ergot  or  an  ergot  derivative  and  diethylamine  or  dimethyl-
  formamide or diethylamide; or
    (c)  phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia
  or formamide or benzaldehyde or nitroethane or methylamine.
    (d) pentazocine and methyliodide; or
    (e) phenylacetonitrile and  dichlorodiethyl  methylamine  or  dichlor-
  odiethyl benzylamine; or
    (f) diephenylacetonitrile and dimethylaminoisopropyl chloride; or
    (g)  piperidine  and  cyclohexanone  and  bromobenzene  and lithium or
  magnesium; or
    (h) 2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent.
    Criminal prossession of precursors of controlled substances is a
class E felony.

S 220.65 Criminal sale of a prescription for a controlled substance.
  A person is guilty of criminal sale of a prescription for a controlled
substance when, being a practitioner, as that term is defined in section
thirty-three hundred two of the public health law, he knowingly and
unlawfully sells a prescription for a controlled substance. For the
purposes of this section, a person sells a prescription for a controlled
substance unlawfully when he does so other than in good faith in the
course of his professional practice.
  Criminal sale of a prescription is a class C felony.

S 220.70 Criminal possession of methamphetamine manufacturing
               material in the second degree.
  A  person  is  guilty  of  criminal  possession   of   methamphetamine
manufacturing  material  in the second degree when he or she possesses a
precursor, a chemical reagent or a solvent with the  intent  to  use  or
knowing  another  intends  to  use  such precursor, chemical reagent, or
solvent to unlawfully produce, prepare or manufacture methamphetamine.
  Criminal possession of methamphetamine manufacturing material in
the second degree is a class A misdemeanor.

S 220.71 Criminal possession of methamphetamine manufacturing
               material in the first degree.
  A  person  is  guilty  of  criminal  possession   of   methamphetamine
manufacturing  material  in  the first degree when he or she commits the
offense of criminal possession of methamphetamine manufacturing material
in the second degree, as defined in section 220.70 of this article,  and
has  previously  been  convicted  within  the  preceding  five  years of
criminal possession of methamphetamine  manufacturing  material  in  the
second  degree,  as  defined  in  section  220.70  of this article, or a
violation of this section.
  Criminal possession of methamphetamine manufacturing material in
the first degree is a class E felony.

S 220.72 Criminal possession of precursors of methamphetamine.
  A   person   is   guilty  of  criminal  possession  of  precursors  of
methamphetamine when he or she possesses at the same  time  a  precursor
and  a  solvent  or chemical reagent, with intent to use or knowing that
another intends to use each such precursor, solvent or chemical  reagent
to unlawfully manufacture methamphetamine.
  Criminal  possession  of  precursors  of  methamphetamine is a
class E felony.

S 220.73 Unlawful manufacture of methamphetamine in the third degree.
  A  person  is guilty of unlawful manufacture of methamphetamine in the
third degree when he or she possesses at the  same  time  and  location,
with  intent  to  use,  or knowing that another intends to use each such
product to unlawfully manufacture, prepare or produce methamphetamine:
  1. Two  or  more  items  of  laboratory  equipment  and  two  or  more
precursors, chemical reagents or solvents in any combination; or
  2.  One  item  of  laboratory  equipment and three or more precursors,
chemical reagents or solvents in any combination; or
  3. A precursor:
  (a) mixed together with a chemical reagent or solvent; or
  (b) with two or more chemical reagents and/or solvents mixed together.
  Unlawful manufacture of methamphetamine in the third degree is a
class D felony.

S 220.74 Unlawful manufacture of methamphetamine in the second degree.
  A  person  is guilty of unlawful manufacture of methamphetamine in the
second degree when he or she:
  1. Commits the offense of unlawful manufacture of  methamphetamine  in
the  third  degree  as  defined in section 220.73 of this article in the
presence of another person under the age of sixteen, provided,  however,
that the actor is at least five years older than such other person under
the age of sixteen; or
  2. Commits the crime of unlawful manufacture of methamphetamine in the
third  degree  as  defined  in  section  220.73  of this article and has
previously been convicted within the preceding five years of the offense
of criminal possession of precursors of methamphetamine  as  defined  in
section  220.72  of this article, criminal possession of methamphetamine
manufacturing material in the first degree as defined in section  220.71
of   this  article,  unlawful  disposal  of  methamphetamine  laboratory
material  as  defined  in  section  220.76  of  this  article,  unlawful
manufacture of methamphetamine in the third degree as defined in section
220.73  of  this article, unlawful manufacture of methamphetamine in the
second degree as defined in this section,  or  unlawful  manufacture  of
methamphetamine in the first degree as defined in section 220.75 of this
article.
  Unlawful manufacture of methamphetamine in the second degree is
a class C felony.

S 220.75 Unlawful manufacture of methamphetamine in the first degree.
  A  person  is guilty of unlawful manufacture of methamphetamine in the
first degree when such person commits the crime of unlawful  manufacture
of  methamphetamine  in the second degree, as defined in subdivision one
of  section  220.74  of  this  article,  after  having  previously  been
convicted  within  the  preceding  five years of unlawful manufacture of
methamphetamine in the third  degree,  as  defined  in  section  220.73,
unlawful manufacture of methamphetamine in the second degree, as defined
in   section   220.74  of  this  article,  or  unlawful  manufacture  of
methamphetamine in the first degree, as defined in this section.
  Unlawful manufacturer of methamphetamine in the first degree
is a class B felony.

S 220.76 Unlawful disposal of methamphetamine laboratory material.
  A  person is guilty of unlawful disposal of methamphetamine laboratory
material when, knowing  that  such  actions  are  in  furtherance  of  a
methamphetamine operation, he or she knowingly disposes of, or possesses
with  intent  to  dispose  of,  hazardous  or  dangerous  material under
circumstances that create a substantial risk to human health  or  safety
or a substantial danger to the environment.
  Unlawful  disposal of methamphetamine laboratory material is a
class E felony.

S 220.77 Operating as a major trafficker.
 A person is guilty of operating as a major trafficker when:
  1.   Such  person  acts  as  a  director  of  a  controlled  substance
organization during any period of twelve months or  less,  during  which
period   such  controlled  substance  organization  sells  one  or  more
controlled substances, and the proceeds collected or due from such  sale
or  sales  have a total aggregate value of seventy-five thousand dollars
or more; or
  2. As a profiteer, such person knowingly and unlawfully sells, on  one
or  more  occasions  within six months or less, a narcotic drug, and the
proceeds collected or due from such sale or sales have a total aggregate
value of seventy-five thousand dollars or more.
  3. As a profiteer, such person knowingly and unlawfully possesses,  on
one  or  more  occasions within six months or less, a narcotic drug with
intent to sell the same, and such narcotic drugs have a total  aggregate
value of seventy-five thousand dollars or more.
  Operating as a major trafficker is a class A-1 felony.

S 220.78 Witness or victim of drug or alcohol overdose.  
  1.  A  person who, in good faith, seeks health care for someone who is
experiencing a drug  or  alcohol  overdose  or  other  life  threatening
medical  emergency  shall  not be charged or prosecuted for a controlled
substance offense under  article  two  hundred  twenty  or  a  marihuana
offense  under  article two hundred twenty-one of this title, other than
an offense involving sale for consideration or other benefit or gain, or
charged or prosecuted for possession of alcohol by a  person  under  age
twenty-one  years  under  section sixty-five-c of the alcoholic beverage
control law, or for  possession  of  drug  paraphernalia  under  article
thirty-nine  of the general business law, with respect to any controlled
substance, marihuana, alcohol or paraphernalia that was  obtained  as  a
result of such seeking or receiving of health care.
  2.  A  person  who is experiencing a drug or alcohol overdose or other
life threatening medical emergency and, in good faith, seeks health care
for himself or herself or is the subject of such a  good  faith  request
for  health  care,  shall  not be charged or prosecuted for a controlled
substance offense under  this  article  or  a  marihuana  offense  under
article  two  hundred  twenty-one  of  this title, other than an offense
involving sale for consideration or other benefit or gain, or charged or
prosecuted for possession of alcohol by a person  under  age  twenty-one
years  under section sixty-five-c of the alcoholic beverage control law,
or for possession of drug paraphernalia under article thirty-nine of the
general business law, with respect to any substance, marihuana,  alcohol
or  paraphernalia  that  was  obtained  as  a  result of such seeking or
receiving of health care.
  3. Definitions. As used in this section the following terms shall have
the following meanings:
  (a) "Drug or alcohol overdose" or "overdose" means an acute  condition
including,  but  not limited to, physical illness, coma, mania, hysteria
or death, which is the result of consumption  or  use  of  a  controlled
substance  or  alcohol  and  relates  to  an  adverse reaction to or the
quantity of the controlled substance or  alcohol  or  a  substance  with
which  the controlled substance or alcohol was combined; provided that a
patient's condition shall be deemed to be a drug or alcohol overdose  if
a  prudent  layperson,  possessing  an average knowledge of medicine and
health, could reasonably believe that the condition is in fact a drug or
alcohol overdose and (except as to death) requires health care.
  (b) "Health care" means the professional services provided to a person
experiencing a drug or alcohol overdose by a  health  care  professional
licensed, registered or certified under title eight of the education law
or article thirty of the public health law who, acting within his or her
lawful  scope of practice, may provide diagnosis, treatment or emergency
services for a person experiencing a drug or alcohol overdose.
  4. It shall be an affirmative defense to a  criminal  sale  controlled
substance  offense  under  this  article or a criminal sale of marihuana
offense under article two hundred twenty-one of this title, not  covered
by  subdivision  one  or  two  of  this  section,  with  respect  to any
controlled substance or marihuana which was obtained as a result of such
seeking or receiving of health care, that:
  (a) the defendant, in good faith, seeks health care for someone or for
him or herself who is experiencing a drug or alcohol overdose  or  other
life threatening medical emergency; and
  (b)  the  defendant  has  no  prior  conviction  for the commission or
attempted commission of a  class  A-I,  A-II  or  B  felony  under  this
article.
  5. Nothing in this section shall be construed to bar the admissibility
of  any evidence in connection with the investigation and prosecution of
a crime with regard to another  defendant  who  does  not  independently
qualify  for  the bar to prosecution or for the affirmative defense; nor
with regard  to  other  crimes  committed  by  a  person  who  otherwise
qualifies  under  this  section;  nor  shall anything in this section be
construed to bar any seizure pursuant to law, including but not  limited
to  pursuant  to section thirty-three hundred eighty-seven of the public
health law.
  6. The bar to prosecution described in subdivisions  one  and  two  of
this  section  shall  not apply to the prosecution of a class A-I felony
under this article, and the affirmative defense described in subdivision
four of this section shall not apply to the prosecution of a  class  A-I
or A-II felony under this article.

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