New York State has had a history of having the toughest drug laws in the United States. Recent revisions of the law have allowed for some individuals to avoid lengthy prison sentences and criminal records by entering into and completing judicial diversion treatment programs. These programs, however are not automatic and you need an experienced drug crimes attorney who knows how to work with the court and prosecution for the best possible outcome.
Convictions for drug crimes can have substantial consequences beyond jail or prison. New York State requires the revocation of one’s driver’s license of anyone convicted of a drug offense (there are exceptions). A conviction for a drug offense can have drastic immigration consequences for non citizens of the United States and lead to deportation. Like other criminal convictions, a drug crimes conviction can impact many civil rights including the right to vote, the right to hold public office, the right to hold gain or maintain certain professional licenses and can impact the ability to be gainfully employed.
Drug charges can range from state misdemeanors and felonies to multi-jurisdictional federal felonies. Regardless of the charge, you need a competent and dedicated criminal defense attorney to help you obtain the most favorable outcome. Depending upon the nature of your drug crime, your attorney may also advocate on your behalf for the imposition of an alternative sentencing structure wherein you are able to obtain rehabilitation for an underlying substance abuse problem. By working with an attorney through the drug defense process, you are taking the guesswork out of the prosecution’s next move and are gaining greater control over the outcome of your case.
New York State and Federal drug laws are extremely complex and you need an experienced drug crimes lawyer. At Michael A. Arbeit, P.C., we have represented countless individuals over the years who have been charged with all types of drug crimes from simple misdemeanor possession to felony sale and conspiracy with intent to distribute. We will always conduct a full investigation of the facts and circumstances surrounding the arrest and any and all 4th Amendment search and seizure violations that may have occurred.
Marijuana is the most commonly used illicit drug in the United States followed by non-medicinal use of prescription drugs. Of those who abused prescription drugs, the drugs of choice are mainly pain relievers, tranquilizers, stimulants and sedative medications. Some examples of Depressants that people abuse are Alprazolam (xanex), Amitriptyline, Carbamazepine, Carisoprodol, Diazepam, Diphenhydramine, Gamma-Hydroxybutyrate (GHB), Meprobamate, Phenobarbital, Temazepam, Trazodone, and Zolpidem.
Some examples of Stimulants that people abuse are Amphetamines, Cocaine, Methamphetamine and MDMA (Ectasy and Molly). Some examples of Opioids that people abuse are Heroin, hydrocodone, Methadone, Morphone, Morphine, Oxycodone, and Propoxphne. Examples of Hallucinogens are Ketamine, Lysergic Acid Diethylamide (LSD), MDMA, Mescaline, PCP, Peyote, and Tetrahydrocannabinol (THC).
The length of time that a drug or its metabolite is present in a given biological sample is often called its detection time. This may vary depending on the dose (amount), route of administration (injected, inhaled, etc.) and elimination rate (how long it takes the body to get rid of the substance).
If you have been arrested for a drug offense or know that you are currently under State, Local or Federal investigation, contact Michael A. Arbeit, P.C. immediately for a free consultation.
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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 felo
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.