§ 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 […]
§ 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 […]
§ 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) […]
§ 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 […]
§ 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.
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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, […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 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 […]
§ 220.65 Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist. A person is guilty of criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist when: 1. being a practitioner, as that term is defined […]
§ 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, […]
§ 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 […]
§ 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 […]
§ 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: […]
