N.Y. Penal Law § 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.