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New York Consolidated Laws, Penal Law - PEN § 178.00 Criminal diversion of prescription medications and prescriptions;  definitions

Current as of January 01, 2026 | Updated by Findlaw Staff

The following definitions are applicable to this article:

1. “Prescription medication or device” means any article for which a prescription is required in order to be lawfully sold, delivered or distributed by any person authorized by law to engage in the practice of the profession of pharmacy.

2. “Prescription” means a direction or authorization by means of a written prescription form or an oral prescription which permits a person to lawfully obtain a prescription medication or device from any person authorized to dispense such prescription medication or device.

3. “Criminal diversion act” means an act or acts in which a person knowingly:

(a) transfers or delivers, in exchange for anything of pecuniary value, a prescription medication or device with knowledge or reasonable grounds to know that the recipient has no medical need for it;  or

(b) receives, in exchange for anything of pecuniary value, a prescription medication or device with knowledge or reasonable grounds to know that the seller or transferor is not authorized by law to sell or transfer such prescription medication or device;  or

(c) transfers or delivers a prescription in exchange for anything of pecuniary value;  or

(d) receives a prescription in exchange for anything of pecuniary value.

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Cite this article: FindLaw.com - New York Consolidated Laws, Penal Law - PEN § 178.00 Criminal diversion of prescription medications and prescriptions;  definitions - last updated January 01, 2026 | https://codes.findlaw.com/ny/penal-law/pen-sect-178-00/

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