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Article 179 - NY Penal Law
CRIMINAL DIVERSION OF MEDICAL MARIHUANA
* S 179.00 Criminal diversion of medical marihuana; definitions.
The following definitions are applicable to this article:
1. "Medical marihuana" means medical marihuana as defined in
subdivision eight of section thirty-three hundred sixty of the public
health law.
2. "Certification" means a certification, made under section
thirty-three hundred sixty-one of the public health law.
* NB Repealed July 5, 2021
* S 179.05 Criminal diversion of medical marihuana: limitations.
The provisions of this article shall not apply to:
1. a practitioner authorized to issue a certification who acted in
good faith in the lawful course of his or her profession; or
2. a registered organization as that term is defined in subdivision
nine of section thirty-three hundred sixty of the public health law who
acted in good faith in the lawful course of the practice of pharmacy; or
3. a person who acted in good faith seeking treatment for medical
condition or assisting another person to obtain treatment for a medical
condition.
* NB Repealed July 5, 2021
* S 179.10 Criminal diversion of medical marihuana in the first degree.
A person is guilty of criminal diversion of medical marihuana in the
first degree when he or she is a practitioner, as that term is defined
in subdivision twelve of section thirty-three hundred sixty of the
public health law, who issues a certification with knowledge of
reasonable grounds to know that (i) the recipient has no medical need
for it, or (ii) it is for a purpose other than to treat a serious
condition as defined in subdivision seven of section thirty-three
hundred sixty of the public health law.
Criminal diversion of medical marihuana in the first degree is a class
E felony.
* NB Repealed July 5, 2021
S 179.11 Criminal diversion of medical marihuana in the second degree.
A person is guilty of criminal diversion of medical marihuana in the
second degree when he or she sells, trades, delivers, or otherwise
provides medical marihuana to another with knowledge or reasonable
grounds to know that the recipient is not registered under title five-A
of article thirty-three of the public health law.
Criminal diversion of medical marihuana in the second degree is a
class B misdemeanor.
* NB Repealed July 5, 2021
S 179.15 Criminal retention of medical marihuana.
A person is guilty of criminal retention of medical marihuana when,
being a certified patient or designated caregiver, as those terms are
defined in subdivisions three and five of section thirty-three hundred
sixty of the public health law, respectively, he or she knowingly
obtains, possesses, stores or maintains an amount of marihuana in excess
of the amount he or she is authorized to possess under the provisions of
title five-A of article thirty-three of the public health law.
Criminal retention of medical marihuana is a class A misdemeanor.
* NB Repealed July 5, 2021
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