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New York Consolidated Laws, Penal Law - PEN § 178.05 Criminal diversion of prescription medications and prescriptions;  limitation

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

1. The provisions of this article shall not apply to:

(a) a duly licensed physician or other person authorized to issue a prescription acting in good faith in the lawful course of his or her profession;  or

(b) a duly licensed pharmacist acting in good faith in the lawful course of the practice of pharmacy;  or

(c) a person acting in good faith seeking treatment for a medical condition or assisting another person to obtain treatment for a medical condition.

2. No provision of this article relating to the sale of a prescription medication or device shall be deemed to authorize any act prohibited by article thirty-three of the public health law or article two hundred twenty of this chapter.

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Cite this article: FindLaw.com - New York Consolidated Laws, Penal Law - PEN § 178.05 Criminal diversion of prescription medications and prescriptions;  limitation - last updated January 01, 2026 | https://codes.findlaw.com/ny/penal-law/pen-sect-178-05/

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