N.Y. PEN Law § 220.00 — New York Code / Act PEN / Part 3 / Title M / Article 220 / Section 220.00
Controlled substances; definitions
Status: in_force

§ 220.00 Controlled substances; definitions.\n  1. "Sell" means to sell, exchange, give or dispose of to another, or\nto offer or agree to do the same.\n  2. "Unlawfully" means in violation of article thirty-three of the\npublic health law.\n  3. "Ounce" means an avoirdupois ounce as applied to solids or\nsemisolids, and a fluid ounce as applied to liquids.\n  4. "Pound" means an avoirdupois pound.\n  5. "Controlled substance" means any substance listed in schedule I,\nII, III, IV or V of section thirty-three hundred six of the public\nhealth law.\n  7. "Narcotic drug" means any controlled substance listed in schedule\nI(b), I(c), II(b) or II(c) other than methadone.\n  8. "Narcotic preparation" means any controlled substance listed in\nschedule II(b-1), III(d) or III(e).\n  9. "Hallucinogen" means any controlled substance listed in paragraphs\n(5), (17), (18), (19), (20) and (21) of subdivision (d) of schedule I of\nsection thirty-three hundred six of the public health law.\n  10. "Hallucinogenic substance" means any controlled substance listed\nin schedule I(d) other than concentrated cannabis, lysergic acid\ndiethylamide, or an hallucinogen.\n  11. "Stimulant" means any controlled substance listed in schedule\nI(f),II(d).\n  12. "Dangerous depressant" means any controlled substance listed in\nschedule I(e)(2), (3), II(e), III(c)(3) or IV(c)(2), (31), (32), (40).\n  13. "Depressant" means any controlled substance listed in schedule\nIV(c) except (c)(2), (31), (32), (40).\n  14. "School grounds" means (a) in or on or within any building,\nstructure, athletic playing field, playground or land contained within\nthe real property boundary line of a public or private elementary,\nparochial, intermediate, junior high, vocational, or high school, or (b)\nany area accessible to the public located within one thousand feet of\nthe real property boundary line comprising any such school or any parked\nautomobile or other parked vehicle located within one thousand feet of\nthe real property boundary line comprising any such school. For the\npurposes of this section an "area accessible to the public" shall mean\nsidewalks, streets, parking lots, parks, playgrounds, stores and\nrestaurants.\n  15. "Prescription for a controlled substance" means a direction or\nauthorization, by means of an official New York state prescription form,\na written prescription form or an oral prescription, which will permit a\nperson to lawfully obtain a controlled substance from any person\nauthorized to dispense controlled substances.\n  16. For the purposes of sections 220.70, 220.71, 220.72, 220.73,\n220.74, 220.75 and 220.76 of this article:\n  (a) "Precursor" means ephedrine, pseudoephedrine, or any salt, isomer\nor salt of an isomer of such substances.\n  (b) "Chemical reagent" means a chemical reagent that can be used in\nthe manufacture, production or preparation of methamphetamine.\n  (c) "Solvent" means a solvent that can be used in the manufacture,\nproduction or preparation of methamphetamine.\n  (d) "Laboratory equipment" means any items, components or materials\nthat can be used in the manufacture, preparation or production of\nmethamphetamine.\n  (e) "Hazardous or dangerous material" means any substance, or\ncombination of substances, that results from or is used in the\nmanufacture, preparation or production of methamphetamine which, because\nof its quantity, concentration, or physical or chemical characteristics,\nposes a substantial risk to human health or safety, or a substantial\ndanger to the environment.\n  17. "School bus" means every motor vehicle owned by a public or\ngovernmental agency or private school and operated for the\ntransportation of pupils, teachers and other persons acting in a\nsupervisory capacity, to or from school or school activities or\nprivately owned and operated for compensation for the transportation of\npupils, children of pupils, teachers and other persons acting in a\nsupervisory capacity to or from school or school activities.\n  18. "Controlled substance organization" means four or more persons\nsharing a common purpose to engage in conduct that constitutes or\nadvances the commission of a felony under this article.\n  19. "Director" means a person who is the principal administrator,\norganizer, or leader of a controlled substance organization or one of\nseveral principal administrators, organizers, or leaders of a controlled\nsubstance organization.\n  20. "Profiteer" means a person who: (a) is a director of a controlled\nsubstance organization; (b) is a member of a controlled substance\norganization and has managerial responsibility over one or more other\nmembers of that organization; or (c) arranges, devises or plans one or\nmore transactions constituting a felony under this article so as to\nobtain profits or expected profits. A person is not a profiteer if he or\nshe is acting only as an employee; or if he or she is acting as an\naccommodation to a friend or relative; or if he or she is acting only\nunder the direction and control of others and exercises no substantial,\nindependent role in arranging or directing the transactions in question.\n