NYSentencing

§ 270.05  Unlawfully possessing or selling noxious material.
  1.   As used in this section, "noxious material" means any container
which contains any drug  or  other  substance  capable  of  generating
offensive,  noxious  or suffocating fumes, gases or vapors, or capable
of immobilizing a person.
  2.  A person is guilty of  unlawfully  possessing  noxious  material
when he possesses such material under circumstances evincing an intent
to use it or to cause it to be used to inflict physical injury upon or
to  cause  annoyance to a person, or to damage property of another, or
to disturb the public peace.
  3.  Possession of noxious material is presumptive evidence of intent
to use it or cause it to be used in violation of this section.
  4.   Bank security devices  not  prohibited.    Notwithstanding  the
provisions  of  subdivision  one  of  this  section,  it  shall not be
unlawful for any bank, national banking  association,  trust  company,
savings bank, savings and loan association, industrial bank, or credit
union to store, possess, transport, use or cause to discharge any bank
security  device  as described in subdivision one of section 270.00 of
this  chapter;  nor  shall  it  be  unlawful  for  any   manufacturer,
wholesaler,  dealer,  jobber  or common carrier to manufacture, store,
possess, transport, or sell such a device to banks,  national  banking
associations,   trust  companies,  savings  banks,  savings  and  loan
associations, industrial banks or credit unions.
  5. Self-defense spray devices not  prohibited.  Notwithstanding  the
provisions of subdivisions two and three of this section, it shall not
be  unlawful  for a person eighteen years of age or older to possess a
self-defense  spray  device  as  defined  in  paragraph  fourteen   of
subdivision a of section 265.20 of this chapter in accordance with the
provisions set forth therein.
  6.  A person is guilty of unlawfully selling a noxious material when
he or she sells a self-defense spray device as  defined  in  paragraph
fourteen  of  subdivision a of section 265.20 of this chapter and such
sale was not authorized in accordance with the provisions of paragraph
fifteen of subdivision a of section 265.20 of this chapter.
  Unlawfully possessing or selling  noxious  material  is  a  class  B
misdemeanor.
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