N.Y. Penal Law Section 220.65
Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist

A person is guilty of criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist when:

1.

being a practitioner, as that term is defined in Public Health Law § 3302 (Definitions of terms of general use in this article)section thirty-three hundred two of the public health law, he or she knowingly and unlawfully sells a prescription for a controlled substance. For the purposes of this section, a person sells a prescription for a controlled substance unlawfully when he or she does so other than in good faith in the course of his or her professional practice; or

2.

being a practitioner or pharmacist, as those terms are defined in Public Health Law § 3302 (Definitions of terms of general use in this article)section thirty-three hundred two of the public health law, he or she, acting other than in good faith, while purporting to act within the scope of the power, authority and privileges of his or her license, as that term is defined in Public Health Law § 3302 (Definitions of terms of general use in this article)section thirty-three hundred two of the public health law, knowingly and unlawfully sells a controlled substance. Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist is a class C felony.

Source: Section 220.65 — Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist, https://www.­nysenate.­gov/legislation/laws/PEN/220.­65 (updated Sep. 22, 2014; accessed May 4, 2024).

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

Accessed:
May 4, 2024

Last modified:
Sep. 22, 2014

§ 220.65’s source at nysenate​.gov

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