Section 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 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.
 

Section 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 knowingly and unlawfully possesses a controlled substance.

 Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor.
 

Section 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.

 Criminal possession of a controlled substance in the fifth degree is a class D felony.
 

Section 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.

 Criminal possession of a controlled substance in the fourth degree is a class C felony.
 

Section 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 convicted 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.
 

Section 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 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 two 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.
 

Section 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 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. 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.
 

Section 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.
 

Section 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.
 

Section 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 chapter, when such sale takes place upon school grounds.

 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.
 
 Criminal sale of a controlled substance in the fourth degree is a class C felony.
 

Section 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.
 

Section 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.
 

Section 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.
 

Section 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 chapter, when such sale takes place upon school grounds;  or

 2. a controlled substance in violation of any one of subdivisions one through eight of section 220.39 of this chapter, when such sale takes place upon school grounds.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

 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.
 

Section 220.45 Criminally possessing a hypodermic instrument

 A person is guilty of criminally possessing a hypodermic instrument when he knowingly and unlawfully possesses or sells a hypodermic syringe or hypodermic needle.

 Criminally possessing a hypodermic instrument is a class A misdemeanor.
 

Section 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.
 

Section 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.
 

Section 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.
 

Section 220.60 Criminal possession of precursors of controlled substances

 A person is guilty of criminal possession of precursors of controlled substances when, with intent to manufacture a controlled substance 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 dimethylformamide or diethylamide;  or

 (c) phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia or formamide or benzaldehyde or nitroethane or methylamine;  or

 (d) pentazocine and methyliodide;  or

 (e) phenylacetonitrile and dichlorodiethyl methylamine or dichlorodiethyl 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.
 

Section 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.