N.Y. Penal Law § 222.00: Cannabis; definitions

§ 222.00 Cannabis; definitions.

1. "Cannabis" means all parts of the plant of the genus Cannabis,

whether growing or not; the seeds thereof; the resin extracted from any

part of the plant; and every compound, manufacture, salt, derivative,

mixture, or preparation of the plant, its seeds or resin. It does not

include the mature stalks of the plant, fiber produced from the stalks,

oil or cake made from the seeds of the plant, any other compound,

manufacture, salt, derivative, mixture, or preparation of the mature

stalks (except the resin extracted therefrom), fiber, oil, or cake, or

the sterilized seed of the plant which is incapable of germination. It

does not include hemp, cannabinoid hemp or hemp extract as defined in

section three of the cannabis law or drug products approved by the

Federal Food and Drug Administration.

2. "Concentrated cannabis" means:

(a) the separated resin, whether crude or purified, obtained from a

plant of the genus Cannabis; or

(b) a material, preparation, mixture, compound or other substance

which contains more than three percent by weight of delta-9

tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering

system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6)

monoterpene numbering system.

3. For the purposes of this article, "sell" shall mean to sell,

exchange or dispose of for compensation. "Sell" shall not include the

transfer of cannabis or concentrated cannabis between persons twenty-one

years of age or older without compensation in the quantities authorized

in paragraph (b) of subdivision one of section 222.05 of this article.

4. For the purposes of this article, "smoking" shall have the same

meaning as that term is defined in section three of the cannabis law.