* § 3304. Prohibited acts. 1. It shall be unlawful for any person to manufacture, sell, prescribe, distribute, dispense, administer, possess, have under his control, abandon, or transport a controlled substance except as expressly allowed by this article.

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In N.Y. Public Health Law 3304

  • Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject. See N.Y. Public Health Law 3302
  • Controlled substance: means a substance or substances listed in section thirty-three hundred six of this title. See N.Y. Public Health Law 3302
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by lawful means, including by means of the internet, and includes the packaging, labeling, or compounding necessary to prepare the substance for such delivery. See N.Y. Public Health Law 3302
  • Distribute: means to deliver a controlled substance, including by means of the internet, other than by administering or dispensing. See N.Y. Public Health Law 3302
  • Drug: means

    (a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;

    (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and

    (c) substances (other than food) intended to affect the structure or a function of the body of man or animal. See N.Y. Public Health Law 3302
  • Manufacture: means the production, preparation, propagation, compounding, cultivation, conversion or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of a controlled substance:

    (a) by a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or

    (b) by a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale; or

    (c) by a pharmacist as an incident to his dispensing of a controlled substance in the course of his professional practice. See N.Y. Public Health Law 3302
  • Person: means individual, institution, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See N.Y. Public Health Law 3302
  • Prescribe: means a direction or authorization, by prescription, permitting an ultimate user lawfully to obtain controlled substances from any person authorized by law to dispense such substances. See N.Y. Public Health Law 3302
  • Prescription: shall mean an official New York state prescription, an electronic prescription, an oral prescription or an out-of-state prescription. See N.Y. Public Health Law 3302
  • Sell: means to sell, exchange, give or dispose of to another, or offer or agree to do the same. See N.Y. Public Health Law 3302

2. It shall be unlawful for any person to possess or have under his control an official New York state prescription form except as expressly allowed by this article.

* NB Separately amended — cannot be put together

* § 3304. Prohibited acts. a. It shall be unlawful for any person to manufacture, sell, prescribe, distribute, dispense, administer, possess, have under his control, abandon, or transport a controlled substance except as expressly allowed by this article.

b. It shall be unlawful for any physician practicing medicine as defined in § 6521 of the education law to prescribe, dispense or administer any amphetamines or sympathomimetic amine drug or compound thereof, designated as a schedule II controlled substance pursuant to section thirty-three hundred six of this article for the exclusive treatment of obesity, weight control or weight loss. A violation of the provisions of this subdivision shall not be grounds for prosecution under Article two hundred twenty of the penal law.

* NB Separately amended — cannot be put together