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New York Penal - Article 220 - § 220.39 Criminal Sale of a Controlled Substance in the Third Degree

Legal Research Home > New York Laws > Penal > New York Penal - Article 220 - § 220.39 Criminal Sale of a Controlled Substance in the Third Degree


Penal 
 
  § 220.39 Criminal sale of a controlled substance in the third degree.
    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.
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Last modified: February 16, 2014