§ Criminal possession of a controlled substance  in  the  seventh
            degree.
  A person is guilty of criminal possession of a controlled substance in
the  seventh  degree when he or she knowingly and unlawfully possesses a
controlled  substance;  provided,  however,  that  it  shall  not  be  a
violation of this section when a person possesses a residual amount of a
controlled  substance  and that residual amount is in or on a hypodermic
syringe or hypodermic needle obtained and possessed pursuant to  section
thirty-three hundred eighty-one of the public health law, which includes
the  state's  syringe  exchange  and pharmacy and medical provider-based
expanded syringe access programs; nor shall it be a  violation  of  this
section when a person's unlawful possession of a controlled substance is
discovered  as  a  result of seeking immediate health care as defined in
paragraph (b) of subdivision three of section 220.78 of the  penal  law,
for either another person or him or herself because such person is expe-
riencing  a  drug  or alcohol overdose or other life threatening medical
emergency as defined in paragraph (a) of subdivision  three  of  section
220.78 of the penal law.
  Criminal possession of a controlled substance in the seventh degree is
a class A misdemeanor.