N.Y. Penal Law Section 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

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 6-a. ketamine and said ketamine weighs four thousand milligrams or more.

7.

a controlled substance in violation of section 220.31 of this article, when such sale takes place upon school grounds or on a school bus; or

8.

a controlled substance in violation of section 220.31 of this article, when such sale takes place upon 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

9.

one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of Public Health Law § 3306 (Schedules of controlled substances)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.

Source: Section 220.34 — Criminal sale of a controlled substance in the fourth degree, https://www.­nysenate.­gov/legislation/laws/PEN/220.­34 (updated Apr. 2, 2021; accessed Nov. 8, 2025).

220.00
Controlled substances 220.03
Criminal possession of a controlled substance in the seventh degree 220.06
Criminal possession of a controlled substance in the fifth degree 220.09
Criminal possession of a controlled substance in the fourth degree 220.16
Criminal possession of a controlled substance in the third degree 220.18
Criminal possession of a controlled substance in the second degree 220.21
Criminal possession of a controlled substance in the first degree 220.25
Criminal possession of a controlled substance 220.28
Use of a child to commit a controlled substance offense 220.31
Criminal sale of a controlled substance in the fifth degree 220.34
Criminal sale of a controlled substance in the fourth degree 220.39
Criminal sale of a controlled substance in the third degree 220.41
Criminal sale of a controlled substance in the second degree 220.43
Criminal sale of a controlled substance in the first degree 220.44
Criminal sale of a controlled substance in or near school grounds 220.46
Criminal injection of a narcotic drug 220.48
Criminal sale of a controlled substance to a child 220.50
Criminally using drug paraphernalia in the second degree 220.55
Criminally using drug paraphernalia in the first degree 220.60
Criminal possession of precursors of controlled substances 220.65
Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist 220.70
Criminal possession of methamphetamine manufacturing material in the second degree 220.71
Criminal possession of methamphetamine manufacturing material in the first degree 220.72
Criminal possession of precursors of methamphetamine 220.73
Unlawful manufacture of methamphetamine in the third degree 220.74
Unlawful manufacture of methamphetamine in the second degree 220.75
Unlawful manufacture of methamphetamine in the first degree 220.76
Unlawful disposal of methamphetamine laboratory material 220.77
Operating as a major trafficker 220.78
Witness or victim of drug or alcohol overdose
Green check means up to date. Up to date

Verified:
Nov. 8, 2025

Last modified:
Apr. 2, 2021

§ 220.34. Crim. sale of a controlled substance in the fourth degree's source at nysenate​.gov

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