New York statute
N.Y. Penal Law § 178.05 — Criminal diversion of prescription medications and prescriptions; limitation
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 178: Criminal Diversion of Prescription Medications and Prescriptions, New York Penal Law.
Full text of N.Y. Penal Law § 178.05
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
178.05 Criminal diversion of prescription medications and
prescriptions; limitation.
1. The provisions of this article shall not apply to:
(a) a duly licensed physician or other person authorized to issue a
prescription acting in good faith in the lawful course of his or her
profession; or
(b) a duly licensed pharmacist acting in good faith in the lawful
course of the practice of pharmacy; or
(c) a person acting in good faith seeking treatment for a medical
condition or assisting another person to obtain treatment for a medical
condition.
2. No provision of this article relating to the sale of a prescription
medication or device shall be deemed to authorize any act prohibited by
article thirty-three of the public health law or article two hundred
twenty of this chapter.
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