A. 6005 2
4. "VALUE OF THE BENEFIT EXCHANGED" MEANS THE VALUE OF THE
PRESCRIPTION MEDICATION OR DEVICE IF PURCHASED LAWFULLY.
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
laws 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] FIFTH degree, and has previously been
convicted of [the crime of criminal diversion of prescription medica-
tions and prescriptions in the fourth degree.] ANY OFFENSE PURSUANT TO
THIS ARTICLE; OR
3. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
AND PRESCRIPTIONS IN THE FIFTH DEGREE AND SUCH PERSON IS A DULY LICENSED
PHARMACIST.
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 [commits]:
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 FOURTH DEGREE AND SUCH PERSON IS A DULY
LICENSED PHARMACIST.
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 THIRD DEGREE AND SUCH PERSON IS A DULY LICENSED
PHARMACIST.
Criminal diversion of prescription medications and prescriptions in
the [first] SECOND degree is a class C felony.
A. 6005 3
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:
1. COMMITS A CRIMINAL DIVERSION ACT AND THE VALUE OF THE BENEFIT
EXCHANGED IS IN EXCESS OF ONE MILLION DOLLARS; OR
2. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
AND PRESCRIPTIONS IN THE SECOND DEGREE AND SUCH PERSON IS A DULY
LICENSED PHARMACIST.
CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS AND PRESCRIPTIONS IN
THE FIRST DEGREE IS A CLASS B FELONY.
S 8. The penal law is amended by adding a new section 178.35 to read
as follows:
S 178.35 CRIMINAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION MEDICA-
TIONS AND DEVICES IN THE FIFTH DEGREE.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF CRIMINALLY DIVERTED
PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIFTH DEGREE WHEN HE OR SHE
KNOWINGLY POSSESSES ONE OR MORE OF THESE ITEMS UNDER CIRCUMSTANCES
EVINCING THE INTENT TO ENGAGE IN A CRIMINAL DIVERSION ACT OR BELIEF THAT
SUCH ITEMS WERE ACQUIRED IN ONE OR MORE CRIMINAL DIVERSION ACTS.
CRIMINAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION MEDICATIONS
AND DEVICES IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
S 9. The penal law is amended by adding a new section 178.40 to read
as follows:
S 178.40 CRIMINAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION MEDICA-
TIONS AND DEVICES IN THE FOURTH DEGREE.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF CRIMINALLY DIVERTED
PRESCRIPTION MEDICATIONS AND DEVICES IN THE FOURTH DEGREE WHEN HE OR
SHE:
1. KNOWINGLY POSSESSES CRIMINALLY DIVERTED PRESCRIPTION MEDICATIONS OR
DEVICES AND THE AGGREGATE VALUE OF THE ITEMS SO POSSESSED, AS IF
PURCHASED LAWFULLY, IS IN EXCESS OF ONE THOUSAND DOLLARS; OR
2. COMMITS THE CRIME OF CRIMINAL POSSESSION OF CRIMINALLY DIVERTED
PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIFTH DEGREE AND HAS PREVI-
OUSLY BEEN CONVICTED OF ANY CRIME SET FORTH IN THIS ARTICLE; OR
3. COMMITS THE CRIME OF CRIMINAL POSSESSION OF CRIMINALLY DIVERTED
PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIFTH DEGREE AND SUCH PERSON
IS A DULY LICENSED PHARMACIST.
CRIMINAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION MEDICATIONS
AND DEVICES IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 10. The penal law is amended by adding a new section 178.45 to read
as follows:
S 178.45 CRIMINAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION MEDICA-
TIONS AND DEVICES IN THE THIRD DEGREE.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF CRIMINALLY DIVERTED
PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE WHEN HE OR SHE:
1. KNOWINGLY POSSESSES CRIMINALLY DIVERTED PRESCRIPTION MEDICATIONS OR
DEVICES AND THE AGGREGATE VALUE OF THE ITEMS SO POSSESSED, AS IF
PURCHASED LAWFULLY, IS IN EXCESS OF THREE THOUSAND DOLLARS; OR
2. COMMITS THE CRIME OF CRIMINAL POSSESSION OF CRIMINALLY DIVERTED
PRESCRIPTION MEDICATIONS AND DEVICES IN THE FOURTH DEGREE AND SUCH
PERSON IS A DULY LICENSED PHARMACIST.
CRIMINAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION MEDICATIONS
AND DEVICES IN THE THIRD DEGREE IS A CLASS D FELONY.
A. 6005 4
S 11. The penal law is amended by adding a new section 178.50 to read
as follows:
S 178.50 CRIMINAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION MEDICA-
TIONS AND DEVICES IN THE SECOND DEGREE.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF CRIMINALLY DIVERTED
PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE WHEN HE OR
SHE:
1. KNOWINGLY POSSESSES CRIMINALLY DIVERTED PRESCRIPTION MEDICATIONS OR
DEVICES AND THE AGGREGATE VALUE OF THE ITEMS SO POSSESSED, AS IF
PURCHASED LAWFULLY, IS IN EXCESS OF FIFTY THOUSAND DOLLARS; OR
2. COMMITS THE CRIME OF CRIMINAL POSSESSION OF CRIMINALLY DIVERTED
PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE AND SUCH PERSON
IS A DULY LICENSED PHARMACIST.
CRIMINAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION MEDICATIONS
AND DEVICES IN THE SECOND DEGREE IS A CLASS C FELONY.
S 12. The penal law is amended by adding a new section 178.55 to read
as follows:
S 178.55 CRIMINAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION MEDICA-
TIONS AND DEVICES IN THE FIRST DEGREE.
A PERSON IS GUILTY OF CRIMINAL POSSESSION OF CRIMINALLY DIVERTED
PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST DEGREE WHEN HE OR SHE:
1. KNOWINGLY POSSESSES CRIMINALLY DIVERTED PRESCRIPTION MEDICATIONS OR
DEVICES AND THE AGGREGATE VALUE OF THE ITEMS SO POSSESSED, AS IF
PURCHASED LAWFULLY, IS IN EXCESS OF ONE MILLION DOLLARS; OR
2. COMMITS THE CRIME OF CRIMINAL POSSESSION OF CRIMINALLY DIVERTED
PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE AND SUCH
PERSON IS A DULY LICENSED PHARMACIST.
CRIMINAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION MEDICATIONS
AND DEVICES IN THE FIRST DEGREE IS A CLASS B FELONY.
S 13. The penal law is amended by adding a new section 178.60 to read
as follows:
S 178.60 CRIMINAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION MEDICA-
TIONS AND DEVICES; REBUTTABLE PRESUMPTIONS.
1. A PERSON IS PRESUMED TO KNOWINGLY POSSESS CRIMINALLY DIVERTED
PRESCRIPTION MEDICATIONS AND DEVICES WHEN HE OR SHE POSSESSES SUCH ITEMS
IN FIVE OR MORE PREVIOUSLY DISPENSED CONTAINERS WITH THE NAMES OF
DIFFERENT PERSONS APPEARING ON SUCH CONTAINERS.
2. A PERSON IS PRESUMED TO KNOWINGLY POSSESS CRIMINALLY DIVERTED
PRESCRIPTION MEDICATIONS OR DEVICES WHEN HE OR SHE POSSESSES SUCH ITEMS
IN FIVE OR MORE CONTAINERS OTHER THAN THOSE IN WHICH HE OR SHE IS
AUTHORIZED TO POSSESS PURSUANT TO SECTIONS SIXTY-EIGHT HUNDRED ELEVEN
AND SIXTY-EIGHT HUNDRED FIFTEEN OF THE EDUCATION LAW.
S 14. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 405 of the laws of 2010, is amended to read
as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; section 135.35 relating to labor traf-
ficking; section 135.65 relating to coercion; sections 140.20, 140.25
and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12
relating to criminal mischief; article one hundred fifty relating to
arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred sixty relating to robbery; sections
A. 6005 5
165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30 relating to insurance fraud; sections 178.20 [and], 178.25 AND
178.30 relating to criminal diversion of prescription medications and
prescriptions; SECTIONS 178.40, 178.45, 178.50 AND 178.55 RELATING TO
CRIMINAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION MEDICATIONS AND
DEVICES; sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45,
200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25,
200.27, 215.00, 215.05 and 215.19 relating to bribery; sections 187.10,
187.15, 187.20 and 187.25 relating to residential mortgage fraud,
sections 190.40 and 190.42 relating to criminal usury; section 190.65
relating to schemes to defraud; sections 205.60 and 205.65 relating to
hindering prosecution; sections 210.10, 210.15, and 215.51 relating to
perjury and contempt; section 215.40 relating to tampering with physical
evidence; sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31,
220.34, 220.39, 220.41, 220.43, 220.46, 220.55, 220.60 and 220.77 relat-
ing to controlled substances; sections 225.10 and 225.20 relating to
gambling; sections 230.25, 230.30, and 230.32 relating to promoting
prostitution; section 230.34 relating to sex trafficking; sections
235.06, 235.07, 235.21 and 235.22 relating to obscenity; sections 263.10
and 263.15 relating to promoting a sexual performance by a child;
sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10 which constitute a felony relating to
firearms and other dangerous weapons; and sections 265.14 and 265.16
relating to criminal sale of a firearm; and section 275.10, 275.20,
275.30, or 275.40 relating to unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
S 15. Paragraphs (b) and (c) of subdivision 8 of section 700.05 of the
criminal procedure law, paragraph (b) as amended by chapter 405 of the
laws of 2010 and paragraph (c) as amended by section 11 of part AAA of
chapter 56 of the laws of 2009, are amended to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12 of the
penal law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, abortion
in the second degree as defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 of the penal
law, rape in the third degree as defined in section 130.25 of the penal
law, rape in the second degree as defined in section 130.30 of the penal
law, rape in the first degree as defined in section 130.35 of the penal
law, criminal sexual act in the third degree as defined in section
130.40 of the penal law, criminal sexual act in the second degree as
defined in section 130.45 of the penal law, criminal sexual act in the
first degree as defined in section 130.50 of the penal law, sexual abuse
A. 6005 6
in the first degree as defined in section 130.65 of the penal law,
unlawful imprisonment in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in section
135.20 of the penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35 of the penal law, custodial interference in the first degree as
defined in section 135.50 of the penal law, coercion in the first degree
as defined in section 135.65 of the penal law, criminal trespass in the
first degree as defined in section 140.17 of the penal law, burglary in
the third degree as defined in section 140.20 of the penal law, burglary
in the second degree as defined in section 140.25 of the penal law,
burglary in the first degree as defined in section 140.30 of the penal
law, criminal mischief in the third degree as defined in section 145.05
of the penal law, criminal mischief in the second degree as defined in
section 145.10 of the penal law, criminal mischief in the first degree
as defined in section 145.12 of the penal law, criminal tampering in the
first degree as defined in section 145.20 of the penal law, arson in the
fourth degree as defined in section 150.05 of the penal law, arson in
the third degree as defined in section 150.10 of the penal law, arson in
the second degree as defined in section 150.15 of the penal law, arson
in the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of the penal
law, grand larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in section
155.40 of the penal law, grand larceny in the first degree as defined in
section 155.42 of the penal law, health care fraud in the fourth degree
as defined in section 177.10 of the penal law, health care fraud in the
third degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section 177.20 of the penal
law, health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third degree as defined in section
160.05 of the penal law, robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as defined
in section 160.15 of the penal law, unlawful use of secret scientific
material as defined in section 165.07 of the penal law, criminal
possession of stolen property in the fourth degree as defined in section
165.45 of the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of the penal law, criminal
possession of stolen property in the second degree as defined by section
165.52 of the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the penal law, trademark
counterfeiting in the second degree as defined in section 165.72 of the
penal law, trademark counterfeiting in the first degree as defined in
section 165.73 of the penal law, forgery in the second degree as defined
in section 170.10 of the penal law, forgery in the first degree as
defined in section 170.15 of the penal law, criminal possession of a
forged instrument in the second degree as defined in section 170.25 of
the penal law, criminal possession of a forged instrument in the first
degree as defined in section 170.30 of the penal law, criminal
possession of forgery devices as defined in section 170.40 of the penal
law, falsifying business records in the first degree as defined in
section 175.10 of the penal law, tampering with public records in the
first degree as defined in section 175.25 of the penal law, offering a
false instrument for filing in the first degree as defined in section
175.35 of the penal law, issuing a false certificate as defined in
section 175.40 of the penal law, CRIMINAL DIVERSION OF PRESCRIPTION
A. 6005 7
MEDICATIONS AND PRESCRIPTIONS IN THE FOURTH DEGREE AS DEFINED IN SECTION
178.15 OF THE PENAL LAW, criminal diversion of prescription medications
and prescriptions in the [second] THIRD degree as defined in section
178.20 of the penal law, criminal diversion of prescription medications
and prescriptions in the [first] SECOND degree as defined in section
178.25 of the penal law, CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
AND PRESCRIPTIONS IN THE FIRST DEGREE AS DEFINED IN SECTION 178.30 OF
THE PENAL LAW, CRIMINAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION
MEDICATIONS AND DEVICES IN THE FOURTH DEGREE AS DEFINED IN SECTION
178.40 OF THE PENAL LAW, CRIMINAL POSSESSION OF CRIMINALLY DIVERTED
PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE AS DEFINED IN
SECTION 178.45 OF THE PENAL LAW, CRIMINAL POSSESSION OF CRIMINALLY
DIVERTED PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE AS
DEFINED IN SECTION 178.50 OF THE PENAL LAW, CRIMINAL POSSESSION OF
CRIMINALLY DIVERTED PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST
DEGREE AS DEFINED IN SECTION 178.55 OF THE PENAL LAW, residential mort-
gage fraud in the fourth degree as defined in section 187.10 of the
penal law, residential mortgage fraud in the third degree as defined in
section 187.15 of the penal law, residential mortgage fraud in the
second degree as defined in section 187.20 of the penal law, residential
mortgage fraud in the first degree as defined in section 187.25 of the
penal law, escape in the second degree as defined in section 205.10 of
the penal law, escape in the first degree as defined in section 205.15
of the penal law, absconding from temporary release in the first degree
as defined in section 205.17 of the penal law, promoting prison contra-
band in the first degree as defined in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree as defined
in section 205.65 of the penal law, sex trafficking as defined in
section 230.34 of the penal law, criminal possession of a weapon in the
third degree as defined in subdivisions two, three and five of section
265.02 of the penal law, criminal possession of a weapon in the second
degree as defined in section 265.03 of the penal law, criminal
possession of a weapon in the first degree as defined in section 265.04
of the penal law, manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances defined as felonies in
subdivisions one, two, and three of section 265.10 of the penal law,
sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
of weapons as defined in subdivision two of section 265.35 of the penal
law, relating to firearms and other dangerous weapons, or failure to
disclose the origin of a recording in the first degree as defined in
section 275.40 of the penal law;
(c) Criminal DIVERSION OF PRESCRIPTION MEDICATIONS AND PRESCRIPTIONS
IN THE FIFTH DEGREE AS DEFINED IN SECTION 178.10 OF THE PENAL LAW, CRIM-
INAL POSSESSION OF CRIMINALLY DIVERTED PRESCRIPTION MEDICATIONS AND
DEVICES IN THE FIFTH DEGREE AS DEFINED IN SECTION 178.35 OF THE PENAL
LAW, CRIMINAL possession of a controlled substance in the seventh degree
as defined in section 220.03 of the penal law, criminal possession of a
controlled substance in the fifth degree as defined in section 220.06 of
the penal law, criminal possession of a controlled substance in the
fourth degree as defined in section 220.09 of the penal law, criminal
possession of a controlled substance in the third degree as defined in
section 220.16 of the penal law, criminal possession of a controlled
substance in the second degree as defined in section 220.18 of the penal
law, criminal possession of a controlled substance in the first degree
as defined in section 220.21 of the penal law, criminal sale of a
A. 6005 8
controlled substance in the fifth degree as defined in section 220.31 of
the penal law, criminal sale of a controlled substance in the fourth
degree as defined in section 220.34 of the penal law, criminal sale of a
controlled substance in the third degree as defined in section 220.39 of
the penal law, criminal sale of a controlled substance in the second
degree as defined in section 220.41 of the penal law, criminal sale of a
controlled substance in the first degree as defined in section 220.43 of
the penal law, criminally possessing a hypodermic instrument as defined
in section 220.45 of the penal law, criminal possession of methampheta-
mine manufacturing material in the second degree as defined in section
220.70 of the penal law, criminal possession of methamphetamine manufac-
turing material in the first degree as defined in section 220.71 of the
penal law, criminal possession of precursors of methamphetamine as
defined in section 220.72 of the penal law, unlawful manufacture of
methamphetamine in the third degree as defined in section 220.73 of the
penal law, unlawful manufacture of methamphetamine in the second degree
as defined in section 220.74 of the penal law, unlawful manufacture of
methamphetamine in the first degree as defined in section 220.75 of the
penal law, unlawful disposal of methamphetamine laboratory material as
defined in section 220.76 of the penal law, operating as a major traf-
ficker as defined in section 220.77 of the penal law, criminal
possession of marihuana in the first degree as defined in section 221.30
of the penal law, criminal sale of marihuana in the first degree as
defined in section 221.55 of the penal law, promoting gambling in the
second degree as defined in section 225.05 of the penal law, promoting
gambling in the first degree as defined in section 225.10 of the penal
law, possession of gambling records in the second degree as defined in
section 225.15 of the penal law, possession of gambling records in the
first degree as defined in section 225.20 of the penal law, and
possession of a gambling device as defined in section 225.30 of the
penal law;
S 16. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law.