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This entry was published on 2015-06-26
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SECTION 220.03
Criminal possession of a controlled substance in the seventh degree
Penal (PEN) CHAPTER 40, PART 3, TITLE M, ARTICLE 220
§ 220.03 Criminal possession of a controlled substance in the seventh

degree.

A person is guilty of criminal possession of a controlled substance in
the seventh degree when he or she knowingly and unlawfully possesses a
controlled substance; provided, however, that it shall not be a
violation of this section when a person possesses a residual amount of a
controlled substance and that residual amount is in or on a hypodermic
syringe or hypodermic needle obtained and possessed pursuant to section
thirty-three hundred eighty-one of the public health law, which includes
the state's syringe exchange and pharmacy and medical provider-based
expanded syringe access programs; nor shall it be a violation of this
section when a person's unlawful possession of a controlled substance is
discovered as a result of seeking immediate health care as defined in
paragraph (b) of subdivision three of section 220.78 of the penal law,
for either another person or him or herself because such person is
experiencing a drug or alcohol overdose or other life threatening
medical emergency as defined in paragraph (a) of subdivision three of
section 220.78 of the penal law.

Criminal possession of a controlled substance in the seventh degree is
a class A misdemeanor.