Drug Trafficking Laws | Drug Distribution Charges | Types of Drug Trafficking – NY

NY DRUG OFFENSE – OPERATING AS A MAJOR TRAFFICKER.
NY PENAL LAW  § 220.77

A person is guilty of operating as a major trafficker when:

1. Such person acts as a director of a controlled substance organization during any period of twelve months or less, during which period such controlled substance organization sells one or more controlled substances, and the proceeds collected or due from such sale or sales have a total aggregate value of seventy-five thousand dollars or more; or

2. As a profiteer, such person knowingly and unlawfully sells, on one or more occasions within six months or less, a narcotic drug, and the proceeds collected or due from such sale or sales have a total aggregate value of seventy-five thousand dollars or more.

3. As a profiteer, such person knowingly and unlawfully possesses, on one or more occasions within six months or less, a narcotic drug with intent to sell the same, and such narcotic drugs have a total aggregate value of seventy-five thousand dollars or more.

Operating as a major trafficker is a class A-1 felony.

 

NY DRUG OFFENSE – CRIMINAL SALE OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE OR OF A CONTROLLED SUBSTANCE BY A PRACTITIONER OR PHARMACIST.
NY PENAL LAW  § 220.65

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; or2. 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.

 

NY DRUG OFFENSE – CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE.
NY PENAL LAW  § 220.43

A person is guilty of criminal sale of a controlled substance in the first degree when he knowingly and unlawfully sells:

  • 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more; or
  • 2. methadone and the methadone weighs two thousand eight hundred eighty milligrams or more.

Criminal sale of a controlled substance in the first degree is a class A-I felony.

NY DRUG OFFENSE – CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE. 
NY PENAL LAW  § 220.41

A person is guilty of criminal sale of a controlled substance in the second degree when he knowingly and unlawfully sells:

  • 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or
  • 2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or
  • 3. a stimulant and the stimulant weighs five grams or more; or
  • 4. lysergic acid diethylamide and the lysergic acid diethylamide weighs five milligrams or more; or
  • 5. a hallucinogen and the hallucinogen weighs one hundred twenty-five milligrams or more; or
  • 6. a hallucinogenic substance and the hallucinogenic substance weighs five grams or more; or
  • 7. methadone and the methadone weighs three hundred sixty milligrams or more.

Criminal sale of a controlled substance in the second degree is a class A-II felony.

 

NY DRUG OFFENSE – CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE.
NY PENAL LAW  §  220.39

A person is guilty of criminal sale of a controlled substance in the third degree when he knowingly and unlawfully sells:

  • 1. a narcotic drug; or
  • 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide and has previously been convicted of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense; or
  • 3. a stimulant and the stimulant weighs one gram or more; or
  • 4. lysergic acid diethylamide and the lysergic acid diethylamide weighs one milligram or more; or
  • 5. a hallucinogen and the hallucinogen weighs twenty-five milligrams or more; or
  • 6. a hallucinogenic substance and the hallucinogenic substance weighs one gram or more; or
  • 7. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or
  • 8. phencyclidine and the phencyclidine weighs two hundred fifty milligrams or more; or
  • 9. a narcotic preparation to a person less than twenty-one years old.

Criminal sale of a controlled substance in the third degree is a class B felony.

NY DRUG OFFENSE – CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FOURTH DEGREE.
NY PENAL LAW  §  220.34

A person is guilty of criminal sale of a controlled substance in the fourth degree when he knowingly and unlawfully sells:

  • 1. a narcotic preparation; or
  • 2. a dangerous depressant or a depressant and the dangerous depressant weighs ten ounces or more, or the depressant weighs two pounds or more; or
  • 3. concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law; or
  • 4. phencyclidine and the phencyclidine weighs fifty milligrams or more; or
  • 5. methadone; or
  • 6. any amount of phencyclidine and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense; or
  • 6-a. ketamine and said ketamine weighs four thousand milligrams or more.
  • 7. a controlled substance in violation of section 220.31 of this article, when such sale takes place upon school grounds or on a school bus; or
  • 8. a controlled substance in violation of section 220.31 of this article, when such sale takes place upon the grounds of a child day care or educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds. As used in this subdivision, the phrase “the grounds of a child day care or educational facility” shall have the same meaning as provided for in subdivision five of section 220.44 of this article. For the purposes of this subdivision, a rebuttable presumption shall be established that a person has knowledge that they are within the grounds of a child day care or educational facility when notice is conspicuously posted of the presence or proximity of such facility; or
  • 9. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-eight grams or more.

Criminal sale of a controlled substance in the fourth degree is a class C felony.

 

NY DRUG OFFENSE – CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIFTH DEGREE. 
NY PENAL LAW  § 220.31

A person is guilty of criminal sale of a controlled substance in the fifth degree when he knowingly and unlawfully sells a controlled substance.

Criminal sale of a controlled substance in the fifth degree is a class D felony.

 

NY DRUG OFFENSE – CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD.
NY PENAL LAW  § 220.48

A person is guilty of criminal sale of a controlled substance to a child when, being over twenty-one years old, he or she knowingly and unlawfully sells a controlled substance in violation of section 220.34 or 220.39 of this article to a person less than seventeen years old.

Criminal sale of a controlled substance to a child is a class B felony.

 

NY DRUG OFFENSE – CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN OR NEAR SCHOOL GROUNDS.
NY PENAL LAW  § 220.44

A person is guilty of criminal sale of a controlled substance in or near school grounds when he knowingly and unlawfully sells:

  • 1. a controlled substance in violation of any one of subdivisions one through six-a of section 220.34 of this article, when such sale takes place upon school grounds or on a school bus; or
  • 2. a controlled substance in violation of any one of subdivisions one through eight of section 220.39 of this article, when such sale takes place upon school grounds or on a school bus; or
  • 3. a controlled substance in violation of any one of subdivisions one through six of section 220.34 of this article, when such sale takes place upon the grounds of a child day care or educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds; or
  • 4. a controlled substance in violation of any one of subdivisions one through eight of section 220.39 of this article, when such sale takes place upon the grounds of a child day care or educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds.
  • 5. For purposes of subdivisions three and four of this section, “the grounds of a child day care or educational facility” means
  • (a) in or on or within any building, structure, athletic playing field, a playground or land contained within the real property boundary line of a public or private child day care center as such term is defined in paragraph (c) of subdivision one of section three hundred ninety of the social services law, or nursery, pre-kindergarten or kindergarten, or
  • (b) any area accessible to the public located within one thousand feet of the real property boundary line comprising any such facility or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line comprising any such facility. For the purposes of this section an “area accessible to the public” shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.
  • 6. For the purposes of this section, a rebuttable presumption shall be established that a person has knowledge that they are within the grounds of a child day care or educational facility when notice is conspicuously posted of the presence or proximity of such facility.

Criminal sale of a controlled substance in or near school grounds is a class B felony.

Find a New York Drug Crime Lawyer