12-102 – Definitions.

§ 12-102. Definitions. As used in this article:
1.  "Illegal  drug"  means  any controlled substance the possession of
  which is an offense under the public health law or the penal law.
2. "Drug market" means the  support  system  of  illegal  drug-related
  operations,  from  production  to retail sales, through which an illegal
  drug reaches a drug user.
3. "Drug user" means the individual whose  illegal  drug  use  is  the
  basis of an action brought pursuant to this article.
4.  "Grade  one  violation"  means  possession of one-quarter ounce or
  more, but less than four ounces, or distribution of less than one  ounce
  of an illegal drug.
5.  "Grade two violation" means possession of four ounces or more, but
  less than eight ounces, or distribution of one ounce or more,  but  less
  than two ounces, of an illegal drug.
6.  "Grade  three violation" means possession of eight ounces or more,
  but less than sixteen ounces, or distribution of two ounces or more, but
  less than four ounces, of a specified illegal drug.
7. "Grade four violation" means possession of sixteen ounces  or  more
  or distribution of four ounces or more of a specified illegal drug.
8.  "Participate  in  a drug market" means to distribute, possess with
  intent to distribute,  commit  an  act  intended  to  facilitate  or  in
  furtherance of the marketing or distribution of, or agree to distribute,
  possess  with  an  intent  to  distribute,  or commit an act intended to
  facilitate or in furtherance of the marketing  and  distribution  of  an
  illegal  drug.  "Participate  in  a  drug  market"  does not include the
  purchase, receipt or possession of an  illegal  drug  for  personal  use
  only.
9.  "Person"  means an individual, a governmental entity, corporation,
  firm, trust, partnership, or incorporated or unincorporated association,
  existing under or authorized by the laws of this state,  another  state,
  or a foreign country.
10.  "Period  of  drug  use"  means, in relation to an individual drug
  user, the time of first use by an individual of an illegal drug  to  the
  accrual of the cause of action.
11.  "Place of drug activity" means, in relation to an individual drug
  user, each county in which the individual purchases, receives, possesses
  or uses an illegal drug or in  which  the  individual  resides,  attends
  school,  or is employed during the period of the illegal drug use of the
  individual,  unless  the  defendant  proves  otherwise  by   clear   and
  convincing evidence.
12.  "Place  of participation" means, in relation to a defendant in an
  action brought under this article, each county in which  such  defendant
  is  alleged  to  have  participated  in  a  drug market or in which such
  defendant resides, attends school, or is employed during the  period  of
  the participation in a drug market by such defendant.
13. "Drug trafficker" means a person convicted of a class A or class B
  felony controlled substance who, in connection with the criminal conduct
  for  which  he  or she stands convicted, possessed, distributed, sold or
  conspired to sell  a  controlled  substance  which,  by  virtue  of  its
  quantity,  the person's prominent role in the enterprise responsible for
  the  sale  or  distribution  of  such  controlled  substance  and  other
  circumstances  related  to  such  criminal  conduct  indicate  that such
  person's criminal possession, sale or conspiracy to sell such  substance
  was  not  an  isolated  occurrence and was part of an ongoing pattern of
  criminal activity from which such person derived substantial  income  or
  resources and in which such person played a leadership role.