New York Penal Law Article 220: Controlled Substance Offenses (PL 220)

In New York law, Article 220 refers to controlled substance offenses. If you have been charged with such an offense, you should contact a criminal defense attorney immediately.

The complete law is as follows:

Article 220: Controlled Substance Offenses

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.
220.48 Criminal sale of a controlled substance to a child.
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.
220.77 Operating as a major trafficker.
220.78 Witness or victim of drug or alcohol overdose.


NY PENAL LAW § 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.

16. For the purposes of sections 220.70, 220.71, 220.72, 220.73, 220.74, 220.75 and 220.76 of this article:

(a) “Precursor” means ephedrine, pseudoephedrine, or any salt, isomer or salt of an isomer of such substances.

(b) “Chemical reagent” means a chemical reagent that can be used in the manufacture, production or preparation of methamphetamine.

(c) “Solvent” means a solvent that can be used in the manufacture, production or preparation of methamphetamine.

(d) “Laboratory equipment” means any items, components or materials that can be used in the manufacture, preparation or production of methamphetamine.

(e) “Hazardous or dangerous material” means any substance, or combination of substances, that results from or is used in the manufacture, preparation or production of methamphetamine which, because of its quantity, concentration, or physical or chemical characteristics, poses a substantial risk to human health or safety, or a substantial danger to the environment.

17. “School bus” means every motor vehicle owned by a public or governmental agency or private school and operated for the transportation of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities or privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities.

18. “Controlled substance organization” means four or more persons sharing a common purpose to engage in conduct that constitutes or advances the commission of a felony under this article.

19. “Director” means a person who is the principal administrator, organizer, or leader of a controlled substance organization or one of several principal administrators, organizers, or leaders of a controlled substance organization.

20. “Profiteer” means a person who:

(a) is a director of a controlled substance organization;

(b) is a member of a controlled substance organization and has managerial responsibility over one or more other members of that organization; or

(c) arranges, devises or plans one or more transactions constituting a felony under this article so as to obtain profits or expected profits. A person is not a profiteer if he or she is acting only as an employee; or if he or she is acting as an accommodation to a friend or relative; or if he or she is acting only under the direction and control of others and exercises no substantial, independent role in arranging or directing the transactions in question.

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