New York State Law
Penal Law
Consolidated Laws of New York's Penal code
Article 179 - NY Penal Law
CRIMINAL DIVERSION OF MEDICAL MARIHUANA
| Section | Offense | Class |
|---|---|---|
| 179.00 | Criminal diversion of medical marihuana; definitions. | |
| 179.05 | Criminal diversion of medical marihuana; limitations. | |
| 179.10 | Criminal diversion of medical marihuana in the first degree. | E FELONY |
| 179.11 | Criminal diversion of medical marihuana in the second degree. | B MISD |
| 179.15 | Criminal retention of medical marihuana. | A MISD |
* 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 * NB Repealed July 5, 2021 * S 179.05 Criminal diversion of medical marihuana: limitations.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 * NB Repealed July 5, 2021 * S 179.10 Criminal diversion of medical marihuana in the first degree.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 * NB Repealed July 5, 2021 S 179.11 Criminal diversion of medical marihuana in the second degree.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 Top of Page
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