§ 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.
(As amended by L.2021 c.92 eff. 03/31/21.)
6. "Marihuana" means "marihuana" or "concentrated cannabis" as those
terms are defined in section thirty-three hundred two of the public
health law.
(Repealed by L.2021 c.92 eff. 03/31/21.)
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 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.
(As amended by L.2021 c.92 eff. 03/31/21.)
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 meth-
amphetamine.
(e) "Hazardous or dangerous material" means any substance, or combina-
tion of substances, that results from or is used in the manufacture,
preparation or production of methamphetamine which, because of its quan-
tity, 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 transporta-
tion 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.
(Added by L.2009 c.56 effective 11/1/09.)
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.
(Added by L.2009 c.56 effective 11/1/09.)
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.
(Added by L.2009 c.56 effective 11/1/09.)
NYSentencing