Appendix D: State Laws

Alcoholic Beverage Control LawPenal Law / General Obligations Law /

Controlled Substances OffensesOffenses Involving Marijuana /


Alcoholic Beverage Control Law

§65. Prohibited sales.

No person shall sell, deliver or give away or cause or permit or procure to be sold, delivered or given away any alcoholic beverages to:

       1.          Any person, actually or apparently, under the age of twenty-one years;

       2.          Any visibly intoxicated person;

3. Any habitual drunkard known to be such to the person authorized to dispense any alcoholic beverages.

*4. Neither such person so refusing to sell or deliver under this section nor his employer shall be liable in any civil or criminal action or for any fine or penalty based upon such refusal, except that such sale or delivery shall not be refused, withheld from or denied to any person on account of race, creed, color or national origin.  In any proceeding pursuant to subdivision one of this section, it shall be an affirmative defense that such person had produced a photographic identification card apparently issued by a governmental entity and that the alcoholic beverage had been sold, delivered or given to such person in reasonable reliance upon such identification.  In evaluating the applicability of such affirmative defense, the authority shall take into consideration any written policy adopted and implemented by the seller to carry out the provision of paragraph (b) of subdivision two of section sixty-five-b of this article. (Expires 1/1/10, Ch. 594. L.2007)

5. The provisions of subdivision one of this section shall not apply to a person who gives or causes to be given any such alcoholic beverage to a person under the age of twenty-one years, who is a student in a curriculum licensed or registered by the state education department and is required to taste or imbibe alcoholic beverages in courses which are part of the required curriculum, provided such alcoholic beverages are used only for instructional purposes during classes conducted pursuant to such curriculum.

6. In any proceeding pursuant to section one hundred eighteen of this chapter to revoke, cancel or suspend a license to sell alcoholic beverages at retail, in which proceeding it is alleged that a person violated subdivision one of this section, it shall be an affirmative defense that at the time of such violation such person who committed such alleged violation held a valid certificate of completion or renewal from an entity authorized to give and administer an alcohol training awareness program pursuant to subdivision twelve of section seventeen of this chapter.  Such licensee shall have diligently implemented and complied with all of the provisions of the approved training program.  In such proceeding to revoke, cancel or suspend a license pursuant to section one hundred eighteen of this chapter, the licensee must prove each element of such affirmative defense by a preponderance of the credible evidence.  Evidence of three unlawful sales of alcoholic beverages by any employee of a licensee to persons under twenty-one years of age, within a two year period, shall be considered by the authority in determining whether the licensee had diligently implemented such an approved program.  Such affirmative defense shall not preclude the recovery of the penal sum of a bond as provided in sections one hundred twelve and one hundred eighteen of this chapter.

 

§65-a. Procuring alcoholic beverages for persons under the age of twenty-one years.

Any person who misrepresents the age of a person under the age of twenty-one years for the purpose of inducing the sale of any alcoholic beverage, as defined in the alcoholic beverage control law, to such person, is guilty of an offense and upon conviction thereof shall be punished by a fine of not more than two hundred dollars, or by imprisonment for not more than five days, or by both such fine and imprisonment.

 

§65-b. Offense for one under age of twenty-one years to purchase or attempt to purchase an alcoholic beverage through fraudulent means.

1. As used in this section: (a) A device capable of deciphering any electronically readable format or device shall mean any commercial device or combination of devices used at a point of sale or entry that is capable of reading the information encoded on the magnetic strip or bar code of a driver’s license or non-driver identification card issued by the commissioner of motor vehicles;

(b) Card holder means any person presenting a driver’s license or non-driver identification card to a licensee, or to the agent or employee of such licensee under this chapter; and

(c) Transaction scan means the process involving a device capable of deciphering any electronically readable format by which a licensee, or agent or employee of a licensee under this chapter review’s a driver’s license or non-driver identification card presented as a precondition for the purchase of an alcoholic beverage as required by subdivision two of this section or as a precondition for admission to an establishment licensed for the on-premises sale of alcoholic beverages where admission is restricted to person’s twenty-one years or older.

2. (a) No person under the age of twenty-one years shall present or offer to any licensee under this chapter, or to the agent or employee of such licensee, any written evidence of age which is false, fraudulent or not actually his own, for the purpose of purchasing or attempting to purchase any alcoholic beverage.

(b) No licensee, or agent or employee of such licensee shall accept as written evidence of age by any such person for the purchase of any alcoholic beverage, any documentation other than: (i) a valid driver’s license or non-driver identification card issued by the commissioner of motor vehicles, the federal government, any United States territory, commonwealth or possession, the District of Columbia, a state government within the United States or a provincial government of the dominion of Canada, or (ii) a valid passport issued by the United States government or any other country, or (iii) an identification card issued by the armed forces of the United States.  Upon the presentation of such driver’s license or non-driver identification card issued by a governmental entity, such licensee or agent or employee thereof may perform a transaction scan as a precondition to the sale of any alcoholic beverage.  Nothing in this section shall prohibit a licensee or agent or employee from performing such a transaction scan on any of the other documents listed in this subdivision if such documents include a bar code or magnetic strip that may be scanned by a device capable of deciphering any electronically readable format.

(c) In instances where the information deciphered by the transaction scan fails to match the information printed on the driver’s license or non-driver identification card presented by the card holder, or if the transaction scan indicates that the sale is false or fraudulent, the attempted purchase of the alcoholic beverage shall be denied.

3. A person violating the provisions of paragraph (a) of subdivision two of this section shall be guilty of a violation and shall be sentenced in accordance with the following:

(a) For a first violation, the court shall order payment of a fine of not more than one hundred dollars and/or an appropriate amount of community service not to exceed thirty hours.  In addition, the court may order completion of an alcohol awareness program established pursuant to section 19.25 of the mental hygiene law.

(b) For a second violation, the Court shall order payment of a fine of not less than fifty dollars nor more than three hundred fifty dollars and/or an appropriate amount of community service not to exceed thirty hours.  The court also shall order completion of an alcohol awareness program as referenced in paragraph (a) of this subdivision if such program has not previously been completed by the offender, unless the court determines that attendance at such program is not feasible due to the lack of availability of such program within a reasonably close proximity to the locality in which the offender resides or matriculates, as appropriate.

(c) For third and subsequent violations, the court shall order payment of a fine of not less than fifty dollars nor more than seven hundred fifty dollars and/or an appropriate amount of community service not to exceed thirty hours.  The court also shall order that such person submit to an evaluation by an appropriate agency certified or licensed by the office of alcoholism and substance abuse services to determine whether the person suffers from the disease of alcoholism or alcohol abuse, unless the court determines that under the circumstances presented such an evaluation is not necessary, in which case the court shall state on the record the basis for such determination.  Payment for such evaluation shall be made by such person.  If, based on such evaluation, a need for treatment is indicated, such person may choose to participate in a treatment plan developed by an agency certified or licensed by the office of alcoholism and substance abuse services.  If such person elects to participate in recommended treatment, the court shall order that payment of such fine and community service be suspended pending the completion of such treatment.

(d) Evaluation procedures.  For purposes of this subdivision, the following shall apply:

(i) The contents of an evaluation pursuant to paragraph (c) of this subdivision shall be used for the sole purpose of determining if such person suffers from the disease of alcoholism or alcohol abuse.

(ii) The agency designated by the court to perform such evaluation shall conduct the evaluation and return the results to the court within thirty days, subject to any state or federal confidentiality law, rule or regulation governing the confidentiality of alcohol and substance abuse treatment records.

(iii) The office of alcoholism and substance abuse services shall make available to each supreme court law library in this state, or, if no supreme court law library is available in a certain county, to the county court law library of such county, a list of agencies certified to perform evaluations as required by subdivision (f) of section 19.07 of the mental hygiene law.

(iv) All evaluations required under this subdivision shall be in writing and the person so evaluated or his or her counsel shall receive a copy of such evaluation prior to its use by the court.

(v) A minor evaluated under this subdivision shall have, and shall be informed by the court of, the right to obtain a second opinion regarding his or her need for alcoholism treatment.

4.   A person violating the provisions of paragraph (b) of subdivision two of this section shall be guilty of a violation punishable by a fine of not more than one hundred dollars, and/or an appropriate amount of community service not to exceed thirty hours.  In addition, the court may order completion of an alcohol training awareness program established pursuant to subdivision twelve of section seventeen of this chapter where such program is located within a reasonably close proximity to the locality in which the offender is employed or resides.

 5.    No determination of guilt pursuant to this section shall operate as a disqualification of any such person subsequently to hold public office, public employment, or as a forfeiture of any right or privilege or to receive any license granted by public authority; and no such person shall be denominated a criminal by reason of such determination.

6.   In addition to the penalties otherwise provided in subdivision three of this section, if a determination is made sustaining a charge of illegally purchasing or attempting to illegally purchase an alcoholic beverage, the court may suspend such person’s license to drive a motor vehicle and the privilege of an unlicensed person of obtaining such license, in accordance with the following and for the following periods, if it is found that a driver’s license was used for the purpose of such illegal purchase or attempt to illegally purchase; provided, however, that where a person is sentenced pursuant to paragraph (b) or (c) of subdivision three of this section, the court shall impose such license suspension if it is found that a driver’s license was used for the purpose of such illegal purchase or attempt to illegally purchase:

(a) For a first violation of paragraph (a) of subdivision two of this section, a three month suspension.

(b) For a second violation of paragraph (a) of subdivision two of this section, a six month suspension.

(c) For a third or subsequent violation of paragraph (a) of subdivision two of this section, a suspension for one year or until the holder reaches the age of twenty-one, whichever is the greater period of time.  Such person may thereafter apply for and be issued a restricted use license in accordance with the provisions of section five hundred thirty of the vehicle and traffic law.

7. (a) In any proceeding pursuant to subdivision one of section sixty-five of this article, it shall be an affirmative defense that such person had produced a driver’s license or non-driver identification card apparently issued by a governmental entity, successfully completed the transaction scan, and that the alcoholic beverage had been sold, delivered or given to such person in reasonable reliance upon such identification and transaction scan.  In evaluating the applicability of such affirmative defense, the liquor authority shall take into consideration any written policy adopted and implemented by the seller to carry out the provisions of this chapter.  Use of a transaction scan shall not excuse any licensee under this chapter, or agent or employee of such licensee, from the exercise of reasonable diligence otherwise required by this section.  Notwithstanding the above provisions any such affirmative defense shall not be applicable in any other civil or criminal proceeding or in any other forum.

    (b) A licensee or agent or employee of a licensee may electronically or mechanically record and maintain only the information from a transaction scan necessary to effectuate the purposes of this section.  Such information shall be limited to the following: (i) name, (ii) date of birth, (iii) driver’s license or non-driver identification number, and (iv) expiration date.  The liquor authority and the commissioner of health shall jointly promulgate any regulations necessary to ensure quality control in the use of transaction scan devices.

8. A licensee or agent or employee of such licensee shall only use the information recorded and maintained through the use of such devices for the purposes contained in paragraph (a) of subdivision seven of this section and shall only use such devices for the purposes contained in subdivision two of this section.  No licensee or agent or employee of a licensee shall resell or disseminate the information recorded during such scan to any third person.  Such prohibited resale or dissemination includes, but is not limited to, any advertising, marketing or promotional activities.  Notwithstanding the restrictions imposed by this subdivision, such records my be released pursuant to a court ordered subpoena or pursuant to any other statute that specifically authorizes the release of such information.  Each violation of this subdivision shall be punishable by a civil penalty of not more than on thousand dollars. 

 

§65-c. Unlawful possession of an alcoholic beverage with the intent to consume by persons under the age of twenty-one years.

1.   Except as hereinafter provided, no person under the age of twenty-one years shall possess any alcoholic beverage, as defined in this chapter, with the intent to consume such beverage.

2.   A person under the age of twenty-one years may possess any alcoholic beverage with intent to consume if the alcoholic beverage is given:

(a) to a person who is a student in a curriculum licensed or registered by the state education department and the student is required to taste or imbibe alcoholic beverages in courses which are a part of the required curriculum, provided such alcoholic beverages are used only for instructional purposes during class conducted pursuant to such curriculum; or

(b) to the person under twenty-one years of age by that person’s parent or guardian.

3.   Any person who unlawfully possesses an alcoholic beverage with intent to consume may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that nothing contained herein shall authorize, or be construed to authorize, a peace officer as defined in subdivision thirty-three of section 1.20 of the criminal procedure law or a police officer as defined in subdivision thirty-four of section 1.20 of such law to arrest a person who unlawfully possesses an alcoholic beverage with intent to consume.  If a determination is made sustaining such charge the court may impose a fine not exceeding fifty dollars and/or completion of an alcohol awareness program established pursuant to section 19.25 of the mental hygiene law and/or an appropriate amount of community service not to exceed thirty hours.

4.   No such determination shall operate as a disqualification of any such person subsequently to hold public office, public employment, or as a forfeiture of any right or privilege or to receive any license granted by public authority; and no such person shall be denominated a criminal by reason of such determination, nor shall such determination be deemed a conviction.

5.   Whenever a peace officer as defined in subdivision thirty-three of section 1.20 of the criminal procedure law or police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law shall observe a person under twenty-one years of age openly in possession of an alcoholic beverage as defined in this chapter, with the intent to consume such beverage in violation of this section, said officer may seize the beverage, and shall deliver it to the custody of his or her department.

6.   Any alcoholic beverage seized in violation of this section is hereby declared a nuisance.  The official to whom the beverage has been delivered shall, no earlier than three days following the return date for initial appearance on the summons, dispose of or destroy the alcoholic beverage seized or cause it to be disposed of or destroyed.  Any person claiming ownership of an alcoholic beverage seized under this section may, on the initial return date of the summons or earlier on five days notice to the official or department in possession of the beverage, apply to the court for an order preventing the destruction or disposal of the alcoholic beverage seized and ordering the return of that beverage.  The court may order the beverage returned if it is determined that return of the beverage would be in the interest of justice or that the beverage was improperly seized.

 

§65-d.  Posting of signs

1.   The authority shall prepare, have printed and distribute across the state to all persons with a license to sell alcoholic beverages for consumption on the premises or a license to sell alcoholic beverages for consumption off the premises a sign or poster with conspicuous lettering that states the following:

“No person shall sell or give away any alcoholic beverages to:

                                    a. any person under the age of twenty-one years; or

                                    b. any visibly intoxicated person.

IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE”.

Such sign or poster shall be captioned with the word “warning” in at least two-inch lettering.

2.   All persons with a license to sell alcoholic beverage for consumption on the premises or a license to sell alcoholic beverage for consumption off the premises shall display, in an upright position and in a conspicuous place, where it can be easily read by the clientele of the establishment, the sign or poster upon receiving it from the authority.

3.   Any person with such license who violates the provisions of this section shall be subject to a civil penalty, not to exceed one hundred dollars for each day of violation.

 

§105-c.  Registration of bulk retail sales of beer for off-premises consumption.

1. Definition. As used in this section, the term “keg” shall mean a vessel containing four or more gallons of beer.

2. No person licensed to sell beer at retail for off-premises consumption pursuant to this chapter shall sell such beer by the keg unless such keg shall have an identification label or tag attached thereto.  An identification label or tag shall consist of paper within a clear protective coating, plastic, metal or another durable material that is not easily damaged or destroyed.  The paper shall be of the kind to allow the required information to be automatically produced in triplicate.  Identification labels used may contain a nonpermanent adhesive material in order to apply the label directly to an outside surface of a keg at the time of sale.  Identification tags shall be attached to the keg at the time of sale with nylon ties or cording, wire ties or other metal attachment devices, or another durable means of tying or attaching the tag to the keg.  Such identification label or tag shall be designed so that when affixed to a keg, such labels or tags will not mar or otherwise physically damage the keg.  Such identification label or tag shall include the name and address of the retail licensee, the name of the purchaser, and an individual identification number assigned by the retailer that uniquely identifies such keg.  (Eff. 8/3/04, Ch.274, L.2004)

3. Prior to the retail sale of beer in bulk by the keg for off-premises consumption, the retail licensee shall cause the purchaser thereof to sign a statement promulgated by the authority attesting under the penalty of perjury the accuracy of the purchaser's name as shown on the identification label or tag, and that the purchaser will not allow consumption of any of the beer in the keg in violation of the provisions of sections sixty-five-a, sixty-five-b and sixty-five-c of this chapter, and section 260.20 of the penal law.  The licensee shall also record:

(a) the name and address of the purchaser;

(b) the identification card number from the purchaser's acceptable documentation of age as provided in paragraph (b) of subdivision one of section sixty-five-b of this chapter;

(c) the amount of the container deposit and the registration deposit;

(d) the date and time of the purchase; and

(e) the keg identification number required under subdivision two of this section.

4. All such records and statements shall be maintained by the licensee for a period of ninety days from the date of return.  Such record and statements shall remain open to inspection by authorized agents of the authority and law enforcement officers during the licensee’s normal business hours.

5. Upon the retail sale of beer by the keg for off-premises consumption, the retail licensee shall collect a fifty dollar registration deposit on each keg of beer purchased. The registration deposit shall be collected in addition to the purchase price of the beer, taxes thereon and any other deposit collected by the licensee.  Upon the return of a keg to such licensee with the identification label or tag intact, the registration deposit shall be returned to the purchaser and the retail licensee shall remove such label or tag from each such keg.  The registration deposit on each keg returned without the identification label or tag required by this section shall be forfeited to the retail licensee.  The registration deposit upon any keg not returned to the retail licensee within ninety days of the date of purchase shall be forfeited to the retail licensee.

5-a. The retail licensee shall only need to notify the authority pertaining to this section upon forfeiture of a purchaser’s registration deposit and not for every keg of beer sold.  The retail licensee shall notify the authority, on a form provided by the authority, within 10 days of any forfeiture of the registration deposit by a purchaser.  Such form shall consist of the name and address of the retail licensee, the name and address of the purchaser, and the retail licensee’s liquor license number.  The form shall also include four statements, one of which shall be marked with an “X” by the retail licensee indicating the reason for forfeiture of the registration deposit by the purchaser.  Such statements shall include, but not limited to, the following check box options:

KEG WAS NOT RETURNED

KEG WAS RETURNED BUT AFTER 90 DAYS FROM PURCHASE

REGISTRATION LABEL WAS REMOVED

REGISTRATION WAS DAMAGED

6. No person other than the licensee, a licensed wholesaler, a peace officer, or an agent of the authority may intentionally remove an identification label or tag placed on a keg. The possession of a beer keg without an identification label or tag, or the removal or damage of an identification label or tag shall be a violation subject to a fine by a court of competent jurisdiction of no less than two hundred fifty dollars nor more than four hundred fifty dollars.

7. By January first, two thousand five, the authority shall issue a report to the legislature on the feasibility of using available technology to permanently and uniquely marking kegs by keg manufacturers.  In addition, the authority shall report the reasons for forfeiture as determined by the notification procedure set forth in subdivision five-a of this section.

8. The authority is authorized to promulgate any rules and regulations necessary to implement the provisions of this section.  The authority shall maintain and offer for sale to licensees any keg identification labels or tags required by subdivision two of this section for the cost of manufacturing and maintaining such tags or labels. (Expires and Deemed repealed 11/22/09, (Ch.632,L.2008)

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Penal Law

Section

260.20 Unlawfully dealing with a child in the first degree

A person is guilty of unlawfully dealing with a child in the first degree when:

...

2. He gives or sells or causes to be given or sold any alcoholic beverage, as defined by section three of the alcoholic beverage control law, to a person less than twenty-one years old; except that this subdivision does not apply to the parent or guardian of such a person or to a person who gives or causes to be given any such alcoholic beverage to a person under the age of twenty-one years, who is a student in a curriculum licensed or registered by the state education department, where the tasting or imbibing of alcoholic beverages is required in courses that are part of the required curriculum, provided such alcoholic beverages are given only for instructional purposes during classes conducted pursuant to such curriculum.

It is no defense to a prosecution pursuant to subdivision two of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such.

Unlawfully dealing with a child in the first degree is a class A misdemeanor. 

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General Obligations Law

Section

11-100. Compensation for injury or damage caused by the intoxication of a person under the age of twenty-one years.

11-101. Compensation for injury caused by the illegal sale of intoxicating liquor.

 

§11-100.  Compensation for injury or damage caused by the intoxication of a person under the age of twenty-one years.

1. Any person who shall be injured in person, property, means of support or otherwise, by reason of the intoxication or impairment of ability of any person under the age of twenty-one years, whether resulting in his death or not, shall have a right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under the age of twenty-one years.

2. In case of the death of either party, the action or right of action established by the provisions of this section shall survive to or against his or her executor or administrator, and the amount so recovered by either a husband, wife or child shall be his or her sole and separate property.

3. Such action may be brought in any court of competent jurisdiction.

4. In any case where parents shall be entitled to such damages, either of such parents may bring an action therefore; but that recovery by either one of such parties shall constitute a bar to suit brought by the other.

 

§11-101.  Compensation for injury caused by the illegal sale of intoxicating liquor.

1. Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death or not, shall have a right of action against any person who shall, by unlawful selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such person shall have a right to recover actual and exemplary damages.

2. In case of the death of either party, the action or right of action given by this section shall survive to or against his or her executor or administrator, and the amount so recovered by either a husband, wife or child shall be his or her sole and separate property.

3. Such action may be brought in any court of competent jurisdiction.

4. In any  case  where  parents  shall be entitled to such damages, either the father or mother may sue alone therefore, but recovery by one of such parties shall be a bar to suit brought by the other. 

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Controlled Substances Offenses

Section

220.00 Controlled substances; definitions.

220.03 Criminal possession of a controlled substance in the seventh degree.

220.06 Criminal possession of a controlled substance in the fifth degree.

220.09 Criminal possession of a controlled substance in the fourth degree.

220.16 Criminal possession of a controlled substance in the third degree.

220.18 Criminal possession of a controlled substance in the second degree.

220.21 Criminal possession of a controlled substance in the first degree.

220.25 Criminal possession of a controlled substance; presumption.

220.28 Use of a child to commit a controlled substance offense.

220.31 Criminal sale of a controlled substance in the fifth degree.

220.34 Criminal sale of a controlled substance in the fourth degree.

220.39 Criminal sale of a controlled substance in the third degree.

220.41 Criminal sale of a controlled substance in the second degree.

220.43 Criminal sale of a controlled substance in the first degree.

220.44 Criminal sale of a controlled substance in or near school grounds.

220.45 Criminally possessing a hypodermic instrument.

220.46 Criminal injection of a narcotic drug.

220.50 Criminally using drug paraphernalia in the second degree.

220.55 Criminally using drug paraphernalia in the first degree.

220.60 Criminal possession of precursors of controlled substances.

220.65 Criminal sale of a prescription for a controlled substance.

220.70 Criminal possession of methamphetamine manufacturing material in the second degree

220.71 Criminal possession of methamphetamine manufacturing material in the first degree.

220.72 Criminal possession of precursors of methamphetamine

220.73 Unlawful manufacture of methamphetamine in the third degree.

220.74 Unlawful manufacture of methamphetamine in the second degree.

220.75 Unlawful manufacture of methamphetamine in the first degree.

220.76 Unlawful disposal of methamphetamine laboratory material.

 

§220.00 Controlled substances; definitions.

l. “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 lII(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 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, production or preparation of methamphetamine.

(e)  “Hazardous or dangerous material” means any substance, or combination of substances, that results from or is used in the manufacture, production or preparation 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 government 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. (Eff. 9/1/06, Ch.436, L.2006)

 

§220.03 Criminal possession of a controlled substance in the seventh degree.

A person is guilty of a 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 second degree is a class A misdemeanor.

 

§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.

 

§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. ysergic 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 mull grams 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.

 

§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. 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.

 

§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.

 

§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.

 

§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.

 

§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 of 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 felony.

§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 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

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

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  (Eff. 11/1/03, Ch.264, L.2003)

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.  (Eff. 11/1/03, Ch.264, L.2003)

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

 

§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.

 

§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 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.

 

§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.

 

§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

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. (Eff. 9/1/98, Ch.289, L.1998)

Criminal sale of a controlled substance in or near school grounds is a class B felony.

 

§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.

 

§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.

 

§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.

 

§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.

 

§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 derative and diethylamine or dimethylformamide or diethylamide; or

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

(d) pentazocine and methyliodid; 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 possession of precursors of controlled substances is a class E felony.

 

§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.

 

§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.

 

§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.

 

§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.

 

§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.

 

§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.

 

§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 manufacture of methamphetamine in the first degree is a class B felony.

 

§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.   

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Offenses Involving Marihuana

Section

221.00 Marihuana; definitions.

221.05 Unlawful possession of marihuana.

221.10 Criminal possession of marihuana in the fifth degree.

221.15 Criminal possession of marihuana in the fourth degree.

221.20 Criminal possession of marihuana in the third degree.

221.25 Criminal possession of marihuana in the second degree.

221.30 Criminal possession of marihuana in the first degree.

221.35 Criminal sale of marihuana in the fifth degree.

221.40 Criminal sale of marihuana in the fourth degree.

221.45 Criminal sale of marihuana in the third degree.

221.50 Criminal sale of marihuana in the second degree.

221.55 Criminal sale of marihuana in the first degree.

 

§221.00 Marihuana; definitions.

Unless the context in which they are used clearly otherwise requires, the terms occurring in this article shall have the same meaning ascribed to them in article two hundred twenty of this chapter.

 

§221.05 Unlawful possession of marihuana.

A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana.

Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars.  However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, it the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.

 

§221.10 Criminal possession of marihuana in the fifth degree.

A person is guilty of criminal possession of marihuana in the fifth degree when he knowingly and unlawfully possesses:

1. marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning or open to public view; or

2. one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams. (Eff. 6/10/95, Ch.75, L.1995)

Criminal possession of marihuana in the fifth degree is a class B misdemeanor.

 

§221.15 Criminal possession of marihuana in the fourth degree.

A person is guilty of criminal possession of marihuana in the fourth degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than two ounces. (Eff. 6/10/95, Ch.75, L.1995)

Criminal possession of marihuana in the fourth degree is a class A misdemeanor.

 

§221.20 Criminal possession of marihuana in the third degree.

A person is guilty of criminal possession of marihuana in the third degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than eight ounces. (Eff. 6/10/95, Ch.75, L.1995)

Criminal possession of marihuana in the third degree is a class E felony.

 

§221.25 Criminal possession of marihuana in the second degree.

A person is guilty of criminal possession of marihuana in the second degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces. (Eff. 6/10/95, Ch.75, L.1995)

Criminal possession of marihuana in the third degree is a class D felony.

 

§221.30 Criminal possession of marihuana in the first degree.

A person is guilty of criminal possession of marihuana in the first degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than ten pounds. (Eff. 6/10/95, Ch.75, L.1995)

Criminal possession of marihuana in the first degree is a class C felony.

 

§221.35 Criminal sale of marihuana in the fifth degree.

A person is guilty of criminal sale of marihuana in the fifth degree when he knowingly and unlawfully sells, without consideration, one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of two grams or less; or one cigarette containing marihuana. (Eff. 6/10/95, Ch.75, L.1995)

Criminal sale of marihuana in the fifth degree is a class B misdemeanor.

 

§221.40 Criminal sale of marihuana in the fourth degree.

A person is guilty of criminal sale of marihuana in the fourth degree when he knowingly and unlawfully sells marihuana except as provided in section 221.35 of this article.

Criminal sale of marihuana in the fourth degree is a class A misdemeanor.

 

§221.45 Criminal sale of marihuana in the third degree.

A person is guilty of criminal sale of marihuana in the third degree when he knowingly and unlawfully sells one or more preparations,  compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams. (Eff. 6/10/95, Ch.75, L.1995)

Criminal sale of marihuana in the third degree is a class E felony.

 

§221.50 Criminal sale of marihuana in the second degree.

A person is guilty of criminal sale of marihuana in the second degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than four ounces, or knowingly and unlawfully sells one or more preparations, compounds, mixtures or substance containing marihuana to a person less than eighteen years of age. (Eff. 6/10/95, Ch.75, L.1995)

Criminal sale of marihuana in the second degree is a class D felony.

 

§221.55 Criminal sale of marihuana in the first degree.

A person is guilty of criminal sale of marihuana in the first degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces. (Eff. 6/10/95, Ch.75, L.1995)

Criminal sale of marihuana in the first degree is a class C felony.

 

CLASS MAXIMUM SENTENCE

Violation 15 days

B misdemeanor 3 months

A misdemeanor 1 year

E felony Not to exceed 4 years

D felony Not to exceed 7 years

C felony Not to exceed 15 years

B felony Not to exceed 25 years

A felony                  Life

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