S T A T E O F N E W Y O R K
________________________________________________________________________
5260--B
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
Introduced by Sens. HANNON, GALLIVAN, SALAND -- read twice and ordered
printed, and when printed to be committed to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to criminal diversion of
prescription medications and prescriptions, establishing the offense
of fraudulent prescription, dispensing and procurement of non-cont-
rolled substance prescription medications and devices, and establish-
ing the offense of unlawful possession of non-controlled substance
prescription medications and devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 178.00 of the penal law, as added by chapter 81 of
the laws of 1995, is amended to read as follows:
S 178.00 Criminal diversion of prescription medications and
prescriptions; definitions.
The following definitions are applicable to this article:
1. "Prescription medication or device" means any article for which a
prescription is required in order to be lawfully sold, delivered or
distributed by any person authorized by law to engage in the practice of
the profession of pharmacy.
2. "Prescription" means a direction or authorization by means of a
written prescription form, ELECTRONIC PRESCRIPTION or an oral
prescription which permits a person to lawfully obtain a prescription
medication or device from any person authorized to dispense such
prescription medication or device.
3. "PRESCRIPTION FORM" MEANS AN OFFICIAL STATE PRESCRIPTION FORM
AUTHORIZED BY A STATE FOR USE BY HEALTH PRACTITIONERS AUTHORIZED TO
WRITE PRESCRIPTIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10939-04-1
S. 5260--B 2
4. "Criminal diversion act" means an act or acts in which a person
knowingly:
(a) transfers or delivers, in exchange for anything of pecuniary
value, a prescription medication or device with knowledge or reasonable
grounds to know that the recipient has no medical need for it; or
(b) receives, in exchange for anything of pecuniary value, a
prescription medication or device with knowledge or reasonable grounds
to know that the seller or transferor is not authorized by law to sell
or transfer such prescription medication or device; or
(c) RECEIVES, IN EXCHANGE FOR ANYTHING OF PECUNIARY VALUE, A
PRESCRIPTION MEDICATION OR DEVICE, PRESCRIPTION, OR PRESCRIPTION FORM
FROM A LAW ENFORCEMENT OFFICER ACTING IN AN UNDERCOVER CAPACITY OR HIS
OR HER AGENT, BELIEVING OR HAVING REASONABLE GROUND TO BELIEVE THAT THE
OFFICER OR HIS OR HER AGENT IS SOMEONE WHO IS NOT AUTHORIZED BY LAW TO
SELL OR TRANSFER SUCH PRESCRIPTION MEDICATION OR DEVICE, PRESCRIPTION,
OR PRESCRIPTION FORM; OR
(D) transfers or delivers a prescription OR PRESCRIPTION FORM in
exchange for anything of pecuniary value; or
[(d)] (E) receives a prescription OR PRESCRIPTION FORM in exchange for
anything of pecuniary value.
S 2. Paragraph (c) of subdivision 1 of section 178.05 of the penal
law, as added by chapter 81 of the laws of 1995, is amended and two new
paragraphs (d) and (e) are added to read as follows:
(c) a person acting in good faith WHO IS seeking [treatment for a
medical condition or assisting another person to obtain treatment for a
medical condition] TO OBTAIN A PRESCRIPTION, PRESCRIPTION MEDICATION OR
DEVICE THAT HAS BEEN LAWFULLY PRESCRIBED TO HIM OR HER, AND FOR WHICH HE
OR SHE HAS A MEDICAL NEED; OR
(D) A PERSON ACTING IN GOOD FAITH, WHO REASONABLY BELIEVES THAT HE OR
SHE IS ASSISTING ANOTHER PERSON TO OBTAIN A PRESCRIPTION, PRESCRIPTION
MEDICATION OR DEVICE THAT HAS BEEN LAWFULLY PRESCRIBED TO THAT OTHER
PERSON; OR
(E) A DULY REGISTERED MANUFACTURER OR WHOLESALER OF DRUGS, AS DEFINED
IN ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW, ACTING IN GOOD
FAITH IN THE LAWFUL COURSE OF HIS OR HER BUSINESS.
S 3. Section 178.10 of the penal law, as added by chapter 81 of the
laws of 1995, is amended to read as follows:
S 178.10 Criminal diversion of prescription medications and
prescriptions in the [fourth] FIFTH degree.
A person is guilty of criminal diversion of prescription medications
and prescriptions in the [fourth] FIFTH degree when he or she commits a
criminal diversion act.
Criminal diversion of prescription medications and prescriptions in
the [fourth] FIFTH degree is a class A misdemeanor.
S 4. Section 178.15 of the penal law, as added by chapter 81 of the
law of 1995, is amended to read as follows:
S 178.15 Criminal diversion of prescription medications and
prescriptions in the [third] FOURTH degree.
A person is guilty of criminal diversion of prescription medications
and prescriptions in the [third] FOURTH degree when he or she:
1. commits a criminal diversion act, and the value of the benefit
exchanged is in excess of one thousand dollars; or
2. commits the crime of criminal diversion of prescription medications
and prescriptions in the fourth degree, and has previously been
convicted of the crime of criminal diversion of prescription medications
and prescriptions [in the fourth degree]; OR
S. 5260--B 3
3. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
AND PRESCRIPTIONS IN THE FIFTH DEGREE ON TWO OR MORE OCCASIONS OVER A
THIRTY-FIVE DAY PERIOD.
Criminal diversion of prescription medications and prescriptions in
the [third] FOURTH degree is a class E felony.
S 5. Section 178.20 of the penal law, as added by chapter 81 of the
laws of 1995, is amended to read as follows:
S 178.20 Criminal diversion of prescription medications and
prescriptions in the [second] THIRD degree.
A person is guilty of criminal diversion of prescription medications
and prescriptions in the [second] THIRD degree when he or she:
1. commits a criminal diversion act, and the value of the benefit
exchanged is in excess of three thousand dollars; OR
2. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
AND PRESCRIPTIONS IN THE FIFTH DEGREE ON FOUR OR MORE OCCASIONS OVER A
THIRTY-FIVE DAY PERIOD; OR
3. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICA-
TIONS AND PRESCRIPTIONS IN THE FIFTH DEGREE, AND IS:
(A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR
(B) A PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE PRESCRIPTION
MEDICATIONS AND DEVICES.
Criminal diversion of prescription medications and prescriptions in
the [second] THIRD degree is a class D felony.
S 6. Section 178.25 of the penal law, as added by chapter 81 of the
laws of 1995, is amended to read as follows:
S 178.25 Criminal diversion of prescription medications and
prescriptions in the [first] SECOND degree.
A person is guilty of criminal diversion of prescription medications
and prescriptions in the [first] SECOND degree when he or she:
1. commits a criminal diversion act, and the value of the benefit
exchanged is in excess of fifty thousand dollars; OR
2. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
AND PRESCRIPTIONS IN THE FIFTH DEGREE ON SIX OR MORE OCCASIONS OVER A
THIRTY-FIVE DAY PERIOD; OR
3. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
AND PRESCRIPTIONS IN THE FIFTH DEGREE ON TWO OR MORE OCCASIONS OVER A
NINETY DAY PERIOD, AND IS:
(A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR
(B) A PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE PRESCRIPTION
MEDICATIONS AND DEVICES.
Criminal diversion of prescription medications and prescriptions in
the [first] SECOND degree is a class C felony.
S 7. The penal law is amended by adding a new section 178.30 to read
as follows:
S 178.30 CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS AND
PRESCRIPTIONS IN THE FIRST DEGREE.
A PERSON IS GUILTY OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
AND PRESCRIPTIONS IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME
OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS OR PRESCRIPTIONS IN
THE FIFTH DEGREE ON FIVE OR MORE OCCASIONS OVER A NINETY DAY PERIOD, AND
IS:
(A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR
(B) A PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE PRESCRIPTION
MEDICATIONS AND DEVICES.
CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS AND PRESCRIPTIONS IN
THE FIRST DEGREE IS A CLASS B FELONY.
S. 5260--B 4
S 8. The penal law is amended by adding a new article 179 to read as
follows:
ARTICLE 179
FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF
NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES
SECTION 179.00 DEFINITIONS.
179.05 FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF
NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND
DEVICES IN THE THIRD DEGREE.
179.10 FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF
NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND
DEVICES IN THE SECOND DEGREE.
179.15 FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF
NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND
DEVICES IN THE FIRST DEGREE.
S 179.00 DEFINITIONS.
THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
1. "PRESCRIPTION MEDICATION OR DEVICE" MEANS ANY ARTICLE FOR WHICH A
PRESCRIPTION IS REQUIRED IN ORDER TO BE LAWFULLY SOLD, DELIVERED OR
DISTRIBUTED BY ANY PERSON AUTHORIZED BY LAW TO ENGAGE IN THE PRACTICE OF
THE PROFESSION OF PHARMACY.
2. "PRESCRIPTION" MEANS A DIRECTION OR AUTHORIZATION BY MEANS OF A
WRITTEN PRESCRIPTION FORM, AN ELECTRONIC PRESCRIPTION OR AN ORAL
PRESCRIPTION WHICH PERMITS A PERSON TO LAWFULLY OBTAIN A PRESCRIPTION
MEDICATION OR DEVICE FROM ANY PERSON AUTHORIZED TO DISPENSE SUCH
PRESCRIPTION MEDICATION OR DEVICE.
3. "CONTROLLED SUBSTANCE" MEANS ANY SUBSTANCE LISTED IN SCHEDULE I,
II, III, IV OR V OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC
HEALTH LAW OTHER THAN MARIHUANA, BUT INCLUDING CONCENTRATED CANNABIS AS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION THIRTY-THREE
HUNDRED TWO OF SUCH LAW.
4. "DISPENSING" AND "DISPENSES" REFER TO THE DISPENSING OF A
PRESCRIPTION MEDICATION OR DEVICE FROM OR WITHIN A PHARMACY, HOSPITAL,
PHYSICIAN'S OFFICE, CLINIC OR OTHER PHARMACEUTICAL OR MEDICAL FACILITY.
S 179.05 FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF
NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES
IN THE THIRD DEGREE.
A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE-
MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN
THE THIRD DEGREE WHEN HE OR SHE:
1. ISSUES A WRITTEN, ELECTRONIC OR ORAL PRESCRIPTION FOR A NON-CONT-
ROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE, AND IS NOT A DULY
LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH
PRESCRIPTION; OR
2. DISPENSES A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR
DEVICE, WITH ACTUAL KNOWLEDGE THAT:
(A) THE PERSON FOR WHOM THE MEDICATION OR DEVICE HAS BEEN PRESCRIBED
HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR
(B) NO PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS ISSUED BY A DULY
LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH
PRESCRIPTION; OR
(C) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR
(D) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS ISSUED BY A
DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH
PRESCRIPTION WHO WAS ACTING OTHER THAN IN GOOD FAITH IN THE LAWFUL
COURSE OF HIS OR HER PROFESSIONAL PRACTICE.
S. 5260--B 5
3. PRESENTS OR SUBMITS A PRESCRIPTION FOR A NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATION OR DEVICE TO, OR RECEIVES A NON-CONTROLLED
SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE FROM, A DULY LICENSED PHAR-
MACIST OR OTHER PERSON AUTHORIZED TO DISPENSE SUCH PRESCRIPTION MEDICA-
TION OR DEVICE, WITH ACTUAL KNOWLEDGE THAT:
(A) THE PERSON FOR WHOM THE MEDICATION OR DEVICE HAS BEEN PRESCRIBED
HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR
(B) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS NOT ISSUED BY A
DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH
PRESCRIPTION; OR
(C) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR
(D) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS ISSUED BY A
DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH
PRESCRIPTION WHO WAS ACTING OTHER THAN IN GOOD FAITH IN THE LAWFUL
COURSE OF HIS OR HER PROFESSIONAL PRACTICE.
FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED
SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE IS A
CLASS D FELONY.
S 179.10 FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF
NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES
IN THE SECOND DEGREE.
A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE-
MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN
THE SECOND DEGREE WHEN HE OR SHE:
1. BEING A DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE
A PRESCRIPTION, ISSUES A WRITTEN, ELECTRONIC OR ORAL PRESCRIPTION FOR A
NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE, OR DISPENSES
A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE:
(A) WITH ACTUAL KNOWLEDGE THAT THE PERSON FOR WHOM THE PRESCRIPTION IS
ISSUED, OR TO WHOM THE MEDICATION IS DISPENSED, HAS NO MEDICAL NEED FOR
THE MEDICATION OR DEVICE THAT IS BEING PRESCRIBED; OR
(B) OTHER THAN IN GOOD FAITH IN THE LAWFUL COURSE OF HIS OR HER
PROFESSIONAL PRACTICE; OR
2. BEING A DULY LICENSED PHARMACIST OR OTHER PERSON AUTHORIZED TO
DISPENSE A PRESCRIPTION MEDICATION OR DEVICE, DISPENSES A NON-CONTROLLED
SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE, WITH ACTUAL KNOWLEDGE THAT:
(A) THE PERSON FOR WHOM THE MEDICATION OR DEVICE HAS BEEN PRESCRIBED
HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR
(B) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS NOT ISSUED BY A
DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH
PRESCRIPTION; OR
(C) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR
(D) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS ISSUED BY A
DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE SUCH
PRESCRIPTION WHO WAS ACTING OTHER THAN IN GOOD FAITH IN THE LAWFUL
COURSE OF HIS OR HER PROFESSIONAL PRACTICE.
FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED
SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE IS A
CLASS C FELONY.
S 179.15 FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF
NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES
IN THE FIRST DEGREE.
A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE-
MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN
THE FIRST DEGREE WHEN HE OR SHE, BEING EITHER A DULY LICENSED PHYSICIAN
OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION, OR A DULY LICENSED
S. 5260--B 6
PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE A PRESCRIPTION MEDICA-
TION OR DEVICE, COMMITS THE CRIME OF FRAUDULENT PRESCRIPTION, DISPENSING
AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND
DEVICES IN THE SECOND DEGREE ON TWO OR MORE OCCASIONS WITHIN A NINETY
DAY PERIOD.
FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED
SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST DEGREE IS A
CLASS B FELONY.
S 9. Title M of the penal law is amended by adding a new article 219
to read as follows:
ARTICLE 219
UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES
SECTION 219.00 DEFINITIONS.
219.05 LIMITATIONS ON APPLICATION OF ARTICLE.
219.10 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIFTH
DEGREE.
219.15 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES IN THE FOURTH
DEGREE.
219.20 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD
DEGREE.
219.25 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND
DEGREE.
219.30 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST
DEGREE.
S 219.00 DEFINITIONS.
THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
1. "PRESCRIPTION MEDICATION OR DEVICE" MEANS ANY ARTICLE FOR WHICH A
PRESCRIPTION IS REQUIRED IN ORDER TO BE LAWFULLY SOLD, DELIVERED OR
DISTRIBUTED BY ANY PERSON AUTHORIZED BY LAW TO ENGAGE IN THE PRACTICE OF
THE PROFESSION OF PHARMACY.
2. "PRESCRIPTION" MEANS A DIRECTION OR AUTHORIZATION BY MEANS OF A
WRITTEN PRESCRIPTION FORM, AN ELECTRONIC PRESCRIPTION OR AN ORAL
PRESCRIPTION WHICH PERMITS A PERSON TO LAWFULLY OBTAIN A PRESCRIPTION
MEDICATION OR DEVICE FROM ANY PERSON AUTHORIZED TO DISPENSE SUCH
PRESCRIPTION MEDICATION OR DEVICE.
3. "CONTROLLED SUBSTANCE" MEANS ANY SUBSTANCE LISTED IN SCHEDULE I,
II, III, IV OR V OF SECTION THIRTY-THREE HUNDRED SIX OF THE PUBLIC
HEALTH LAW OTHER THAN MARIHUANA, BUT INCLUDING CONCENTRATED CANNABIS AS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION THIRTY-THREE
HUNDRED TWO OF SUCH LAW.
4. THE VALUE OF A PRESCRIPTION MEDICATION OR DEVICE SHALL BE EQUIV-
ALENT TO THE FAIR MARKET VALUE OF SUCH MEDICATION OR DEVICE ON THE
LAWFUL RETAIL MARKET, AT ABOUT THE TIME AND PLACE THAT THE CRIME IS
COMMITTED.
S 219.05 LIMITATIONS ON APPLICATION OF ARTICLE.
THE PROVISIONS OF THIS ARTICLE RESTRICTING THE UNLAWFUL POSSESSION OF
NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES SHALL NOT
APPLY:
1. TO COMMON CARRIERS OR TO WAREHOUSEMEN, WHILE ENGAGED IN LAWFULLY
TRANSPORTING OR STORING SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDI-
S. 5260--B 7
CATIONS AND DEVICES, OR TO ANY EMPLOYEE OF THE SAME ACTING WITHIN THE
SCOPE OF HIS OR HER EMPLOYMENT; OR
2. TO PUBLIC OFFICERS OR THEIR EMPLOYEES IN THE LAWFUL PERFORMANCE OF
THEIR OFFICIAL DUTIES REQUIRING THE POSSESSION OR CONTROL OF SUCH
NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES; OR
3. TO TEMPORARY INCIDENTAL POSSESSION BY EMPLOYEES OR AGENTS OF
PERSONS LAWFULLY ENTITLED TO POSSESS SUCH NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES, OR BY PERSONS WHOSE POSSESSION IS
FOR THE PURPOSE OF AIDING PUBLIC OFFICERS IN PERFORMING THEIR OFFICIAL
DUTIES; OR
4. TO A DULY LICENSED PHYSICIAN, DULY LICENSED PHARMACIST OR OTHER
PERSON AUTHORIZED TO POSSESS OR DISPENSE SUCH NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES, ACTING IN GOOD FAITH IN THE LAWFUL
COURSE OF HIS OR HER PROFESSION; OR
5. TO TEMPORARY INCIDENTAL POSSESSION BY A PERSON ACTING IN GOOD FAITH
WHO REASONABLY BELIEVES THAT HE OR SHE IS ASSISTING ANOTHER PERSON TO
OBTAIN A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE THAT
HAS BEEN LAWFULLY PRESCRIBED TO THAT OTHER PERSON.
S 219.10 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES IN THE FIFTH DEGREE.
A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIFTH DEGREE WHEN SUCH
PERSON KNOWINGLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS OR DEVICES WHICH WERE NOT LAWFULLY PRESCRIBED
TO HIM OR HER, UNDER CIRCUMSTANCES EVINCING AN INTENT TO SELL THE SAME;
AND
1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES EXCEEDS TWO HUNDRED DOLLARS; OR
2. HE OR SHE POSSESSES TWENTY OR MORE PILLS, TABLETS OR CAPSULES OF
SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES.
UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA-
TIONS AND DEVICES IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
S 219.15 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES IN THE FOURTH DEGREE.
A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES IN THE FOURTH DEGREE WHEN HE OR SHE
KNOWINGLY AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY PRESCRIBED
TO HIM OR HER; AND
1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES EXCEEDS FIVE HUNDRED DOLLARS; OR
2. HE OR SHE POSSESSES FIFTY OR MORE PILLS, TABLETS OR CAPSULES OF
SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES; OR
3. HE OR SHE POSSESSES A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA-
TION OR DEVICE WITH AN INTENT TO SELL IT; OR
4. HE OR SHE COMMITS THE CRIME OF UNLAWFUL POSSESSION OF NON-CONT-
ROLLED PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIFTH DEGREE, AND HAS
PREVIOUSLY BEEN CONVICTED OF THE CRIME OF UNLAWFUL POSSESSION OF
NON-CONTROLLED PRESCRIPTION MEDICATIONS AND DEVICES.
UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA-
TIONS AND DEVICES IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 219.20 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES IN THE THIRD DEGREE.
A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE WHEN HE OR SHE
KNOWINGLY AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
S. 5260--B 8
PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY PRESCRIBED
TO HIM OR HER; AND
1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES EXCEEDS FIFTEEN HUNDRED DOLLARS; OR
2. HE OR SHE POSSESSES ONE HUNDRED FIFTY OR MORE PILLS, TABLETS OR
CAPSULES OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND
DEVICES.
UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA-
TIONS AND DEVICES IN THE THIRD DEGREE IS A CLASS D FELONY.
S 219.25 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES IN THE SECOND DEGREE.
A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE WHEN HE OR SHE
KNOWINGLY AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY PRESCRIBED
TO HIM OR HER; AND
1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES EXCEEDS TEN THOUSAND DOLLARS; OR
2. HE OR SHE POSSESSES ONE THOUSAND OR MORE PILLS, TABLETS OR CAPSULES
OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES.
UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA-
TIONS AND DEVICES IN THE SECOND DEGREE IS A CLASS C FELONY.
S 219.30 UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES IN THE FIRST DEGREE.
A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST DEGREE WHEN HE OR SHE
KNOWINGLY AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY PRESCRIBED
TO HIM OR HER; AND
1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
MEDICATIONS AND DEVICES EXCEEDS ONE HUNDRED THOUSAND DOLLARS; OR
2. HE OR SHE POSSESSES TEN THOUSAND OR MORE PILLS, TABLETS OR CAPSULES
OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES.
UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA-
TIONS AND DEVICES IN THE FIRST DEGREE IS A CLASS B FELONY.
S 10. This act shall take effect on the ninetieth day after it shall
have become a law.
