New York Consolidated Laws, Penal Law - PEN § 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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