New York statute
N.Y. Penal Law § 220.39 — Criminal sale of a controlled substance in the third degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 220: Controlled Substances Offenses, New York Penal Law.
Full text of N.Y. Penal Law § 220.39
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.
220.39 Criminal sale of a controlled substance in the third degree.
A person is guilty of criminal sale of a controlled substance in the
third degree when he knowingly and unlawfully sells:
1. a narcotic drug; or
2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic
acid diethylamide and has previously been convicted of an offense
defined in article two hundred twenty or the attempt or conspiracy to
commit any such offense; or
3. a stimulant and the stimulant weighs one gram or more; or
4. lysergic acid diethylamide and the lysergic acid diethylamide
weighs one milligram or more; or
5. a hallucinogen and the hallucinogen weighs twenty-five milligrams
or more; or
6. a hallucinogenic substance and the hallucinogenic substance weighs
one gram or more; or
7. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers and
the preparations, compounds, mixtures or substances are of an aggregate
weight of one-eighth ounce or more; or
8. phencyclidine and the phencyclidine weighs two hundred fifty
milligrams or more; or
9. a narcotic preparation to a person less than twenty-one years old.
Criminal sale of a controlled substance in the third degree is a class
B felony.
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