N.Y. Penal Law Section 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.

Source: Section 220.39 — Criminal sale of a controlled substance in the third degree, https://www.­nysenate.­gov/legislation/laws/PEN/220.­39 (updated Sep. 22, 2014; accessed Dec. 13, 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:
Dec. 13, 2025

Last modified:
Sep. 22, 2014

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

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