N.Y. Penal Law § 220.65: Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist

§ 220.65 Criminal sale of a prescription for a controlled substance or

of a controlled substance by a practitioner or pharmacist.

A person is guilty of criminal sale of a prescription for a controlled

substance or of a controlled substance by a practitioner or pharmacist

when: 1. being a practitioner, as that term is defined in section

thirty-three hundred two of the public health law, he or she knowingly

and unlawfully sells a prescription for a controlled substance. For the

purposes of this section, a person sells a prescription for a controlled

substance unlawfully when he or she does so other than in good faith in

the course of his or her professional practice; or

2. being a practitioner or pharmacist, as those terms are defined in

section thirty-three hundred two of the public health law, he or she,

acting other than in good faith, while purporting to act within the

scope of the power, authority and privileges of his or her license, as

that term is defined in section thirty-three hundred two of the public

health law, knowingly and unlawfully sells a controlled substance.

Criminal sale of a prescription for a controlled substance or of a

controlled substance by a practitioner or pharmacist is a class C

felony.