2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title M - Offenses Against Public Health and Morals › Article 220 - Controlled Substances Offenses › 220.00 - Controlled Substances; Definitions.

§ 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.
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 II(b-1), III(d) or III(e).
9. "Hallucinogen" means any controlled substance listed in  paragraphs
(5), (17), (18), (19), (20) and (21) of subdivision (d) of schedule I of
section thirty-three hundred six of the public health law.
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.