{"data":{"id":"us-ny/n.y.-penal-law-220.34","jurisdiction":"us-ny","citation":"N.Y. Penal Law § 220.34","heading":"Criminal sale of a controlled substance in the fourth degree","body":"§ 220.34 Criminal sale of a controlled substance in the fourth degree.\n  A person is guilty of criminal sale of a controlled substance in the\nfourth degree when he knowingly and unlawfully sells:\n  1. a narcotic preparation; or\n  2. a dangerous depressant or a depressant and the dangerous depressant\nweighs ten ounces or more, or the depressant weighs two pounds or more;\nor\n  4. phencyclidine and the phencyclidine weighs fifty milligrams or\nmore; or\n  5. methadone; or\n  6. any amount of phencyclidine and has previously been convicted of an\noffense defined in this article or the attempt or conspiracy to commit\nany such offense; or\n  6-a. ketamine and said ketamine weighs four thousand milligrams or\nmore.\n  7. a controlled substance in violation of section 220.31 of this\narticle, when such sale takes place upon school grounds or on a school\nbus; or\n  8. a controlled substance in violation of section 220.31 of this\narticle, when such sale takes place upon the grounds of a child day care\nor educational facility under circumstances evincing knowledge by the\ndefendant that such sale is taking place upon such grounds. As used in\nthis subdivision, the phrase \"the grounds of a child day care or\neducational facility\" shall have the same meaning as provided for in\nsubdivision five of section 220.44 of this article. For the purposes of\nthis subdivision, a rebuttable presumption shall be established that a\nperson has knowledge that they are within the grounds of a child day\ncare or educational facility when notice is conspicuously posted of the\npresence or proximity of such facility; or\n  9. one or more preparations, compounds, mixtures or substances\ncontaining gamma hydroxybutyric acid, as defined in paragraph four of\nsubdivision (e) of schedule I of section thirty-three hundred six of the\npublic health law, and said preparations, compounds, mixtures or\nsubstances are of an aggregate weight of twenty-eight grams or more.\n  Criminal sale of a controlled substance in the fourth degree is a\nclass C felony.","path":["Penal Law","Part 3. Specific Offenses","Title M. Offenses Against Public Health and Morals","Article 220. Controlled Substances Offenses"],"source_url":"https://legislation.nysenate.gov/api/3/laws/PEN/220.34","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:45Z","sha256":"59ba806c0457cfa2542ef2c87e195b1377be9d7a082acfefe18d7b570f974f32","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-penal-law-220.31","next":"us-ny/n.y.-penal-law-220.39"},"notice":"GroundRules: Original legal text. Not legal advice."}