N.Y. GOB Law § 12-102 — New York Code / Act GOB / Article 12 / Section 12-102
Definitions
Status: in_force

§ 12-102. Definitions. As used in this article:\n  1. "Illegal drug" means any controlled substance the possession of\nwhich is an offense under the public health law or the penal law.\n  2. "Drug market" means the support system of illegal drug-related\noperations, from production to retail sales, through which an illegal\ndrug reaches a drug user.\n  3. "Drug user" means the individual whose illegal drug use is the\nbasis of an action brought pursuant to this article.\n  4. "Grade one violation" means possession of one-quarter ounce or\nmore, but less than four ounces, or distribution of less than one ounce\nof an illegal drug.\n  5. "Grade two violation" means possession of four ounces or more, but\nless than eight ounces, or distribution of one ounce or more, but less\nthan two ounces, of an illegal drug.\n  6. "Grade three violation" means possession of eight ounces or more,\nbut less than sixteen ounces, or distribution of two ounces or more, but\nless than four ounces, of a specified illegal drug.\n  7. "Grade four violation" means possession of sixteen ounces or more\nor distribution of four ounces or more of a specified illegal drug.\n  8. "Participate in a drug market" means to distribute, possess with\nintent to distribute, commit an act intended to facilitate or in\nfurtherance of the marketing or distribution of, or agree to distribute,\npossess with an intent to distribute, or commit an act intended to\nfacilitate or in furtherance of the marketing and distribution of an\nillegal drug. "Participate in a drug market" does not include the\npurchase, receipt or possession of an illegal drug for personal use\nonly.\n  9. "Person" means an individual, a governmental entity, corporation,\nfirm, trust, partnership, or incorporated or unincorporated association,\nexisting under or authorized by the laws of this state, another state,\nor a foreign country.\n  10. "Period of drug use" means, in relation to an individual drug\nuser, the time of first use by an individual of an illegal drug to the\naccrual of the cause of action.\n  11. "Place of drug activity" means, in relation to an individual drug\nuser, each county in which the individual purchases, receives, possesses\nor uses an illegal drug or in which the individual resides, attends\nschool, or is employed during the period of the illegal drug use of the\nindividual, unless the defendant proves otherwise by clear and\nconvincing evidence.\n  12. "Place of participation" means, in relation to a defendant in an\naction brought under this article, each county in which such defendant\nis alleged to have participated in a drug market or in which such\ndefendant resides, attends school, or is employed during the period of\nthe participation in a drug market by such defendant.\n  13. "Drug trafficker" means a person convicted of a class A or class B\nfelony controlled substance who, in connection with the criminal conduct\nfor which he or she stands convicted, possessed, distributed, sold or\nconspired to sell a controlled substance which, by virtue of its\nquantity, the person's prominent role in the enterprise responsible for\nthe sale or distribution of such controlled substance and other\ncircumstances related to such criminal conduct indicate that such\nperson's criminal possession, sale or conspiracy to sell such substance\nwas not an isolated occurrence and was part of an ongoing pattern of\ncriminal activity from which such person derived substantial income or\nresources and in which such person played a leadership role.\n