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Criminal Sale of a Controlled Substance

§ 220.31 Criminal sale of a controlled substance in the fifth degree

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.

§ 220.34 Criminal sale of a controlled substance in the fourth degree

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
  7. a ketamine and said ketamine weighs four thousand milligrams or more.
  8. a controlled substance in violation of section 220.31 of this article, when such sale takes place on school grounds or on a school bus; or
  9. a controlled substance in violation of section 220.31 of this article, when such sale takes place on 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
  10. 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.

§ 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.

§ 220.41 Criminal sale of a controlled substance in the second degree

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.

§ 220.43 Criminal sale of a controlled substance in the first degree

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.

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