S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2790
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to criminal diversion of
   prescription medications and prescriptions, establishing  the  offense
   of  fraudulent  prescription,  dispensing and procurement of non-cont-
   rolled substance prescription medications and devices, and  establish-
   ing  the  offense  of  unlawful possession of non-controlled substance
   prescription medications and devices
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 178.00 of the penal law, as added by chapter 81 of
 the laws of 1995, is amended to read as follows:
 § 178.00 Criminal    diversion    of    prescription   medications   and
            prescriptions; definitions.
   The following definitions are applicable to this article:
   1. "Prescription medication or device" means any article for  which  a
 prescription  is  required  in  order  to be lawfully sold, delivered or
 distributed by any person authorized by law to engage in the practice of
 the profession of pharmacy.
   2. "Prescription" means a direction or authorization  by  means  of  a
 written   prescription   form,   ELECTRONIC   PRESCRIPTION  or  an  oral
 prescription which permits a person to lawfully  obtain  a  prescription
 medication  or  device  from  any  person  authorized  to  dispense such
 prescription medication or device.
   3. "PRESCRIPTION FORM"  MEANS  AN  OFFICIAL  STATE  PRESCRIPTION  FORM
 AUTHORIZED  BY  A  STATE  FOR  USE BY HEALTH PRACTITIONERS AUTHORIZED TO
 WRITE PRESCRIPTIONS.
   4. "Criminal diversion act" means an act or acts  in  which  a  person
 knowingly:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02907-01-7

              

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   (a)  transfers  or  delivers,  in  exchange  for anything of pecuniary
 value, a prescription medication or device with knowledge or  reasonable
 grounds to know that the recipient has no medical need for it; or
   (b)   receives,  in  exchange  for  anything  of  pecuniary  value,  a
 prescription medication or device with knowledge or  reasonable  grounds
 to  know  that the seller or transferor is not authorized by law to sell
 or transfer such prescription medication or device; or
   (c)  RECEIVES,  IN  EXCHANGE  FOR  ANYTHING  OF  PECUNIARY  VALUE,   A
 PRESCRIPTION  MEDICATION  OR  DEVICE, PRESCRIPTION, OR PRESCRIPTION FORM
 FROM A LAW ENFORCEMENT OFFICER ACTING IN AN UNDERCOVER CAPACITY  OR  HIS
 OR  HER AGENT, BELIEVING OR HAVING REASONABLE GROUND TO BELIEVE THAT THE
 OFFICER OR HIS OR HER AGENT IS SOMEONE WHO IS NOT AUTHORIZED BY  LAW  TO
 SELL  OR  TRANSFER SUCH PRESCRIPTION MEDICATION OR DEVICE, PRESCRIPTION,
 OR PRESCRIPTION FORM; OR
   (D) transfers or delivers  a  prescription  OR  PRESCRIPTION  FORM  in
 exchange for anything of pecuniary value; or
   [(d)] (E) receives a prescription OR PRESCRIPTION FORM in exchange for
 anything of pecuniary value.
   §  2.  Paragraph  (c)  of subdivision 1 of section 178.05 of the penal
 law, as added by chapter 81 of the laws of 1995, is amended and two  new
 paragraphs (d) and (e) are added to read as follows:
   (c)  a  person  acting  in  good faith WHO IS seeking [treatment for a
 medical condition or assisting another person to obtain treatment for  a
 medical  condition] TO OBTAIN A PRESCRIPTION, PRESCRIPTION MEDICATION OR
 DEVICE THAT HAS BEEN LAWFULLY PRESCRIBED TO HIM OR HER, AND FOR WHICH HE
 OR SHE HAS A MEDICAL NEED; OR
   (D) A PERSON ACTING IN GOOD FAITH, WHO REASONABLY BELIEVES THAT HE  OR
 SHE  IS  ASSISTING ANOTHER PERSON TO OBTAIN A PRESCRIPTION, PRESCRIPTION
 MEDICATION OR DEVICE THAT HAS BEEN LAWFULLY  PRESCRIBED  TO  THAT  OTHER
 PERSON; OR
   (E)  A DULY REGISTERED MANUFACTURER OR WHOLESALER OF DRUGS, AS DEFINED
 IN ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW, ACTING IN GOOD
 FAITH IN THE LAWFUL COURSE OF HIS OR HER BUSINESS.
   § 3. Section 178.10 of the penal law, as added by chapter  81  of  the
 laws of 1995, is amended to read as follows:
 § 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.
   §  4.  Section  178.15 of the penal law, as added by chapter 81 of the
 law of 1995, is amended to read as follows:
 § 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] AN OFFENSE DEFINED IN THIS
 ARTICLE; OR

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   3. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
 AND  PRESCRIPTIONS  IN  THE FIFTH DEGREE ON TWO OR MORE OCCASIONS OVER A
 THIRTY-FIVE DAY PERIOD.
   Criminal  diversion  of  prescription medications and prescriptions in
 the [third] FOURTH degree is a class E felony.
   § 5.  Section 178.20 of the penal law, as added by chapter 81  of  the
 laws of 1995, is amended to read as follows:
 § 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:
   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 FIFTH DEGREE ON FOUR OR MORE OCCASIONS  OVER  A
 THIRTY-FIVE DAY PERIOD; OR
   3.    COMMITS  THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICA-
 TIONS AND PRESCRIPTIONS IN THE FIFTH DEGREE, AND IS:
   (A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR
   (B) A PHARMACIST OR OTHER PERSON AUTHORIZED TO  DISPENSE  PRESCRIPTION
 MEDICATIONS AND DEVICES.
   Criminal  diversion  of  prescription medications and prescriptions in
 the [second] THIRD degree is a class D felony.
   § 6. Section 178.25 of the penal law, as added by chapter  81  of  the
 laws of 1995, is amended to read as follows:
 § 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 FIFTH DEGREE ON SIX OR MORE  OCCASIONS  OVER  A
 THIRTY-FIVE DAY PERIOD; OR
   3. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
 AND  PRESCRIPTIONS  IN  THE FIFTH DEGREE ON TWO OR MORE OCCASIONS OVER A
 NINETY DAY PERIOD, AND IS:
   (A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR
   (B) A PHARMACIST OR OTHER PERSON AUTHORIZED TO  DISPENSE  PRESCRIPTION
 MEDICATIONS AND DEVICES.
   Criminal  diversion  of  prescription medications and prescriptions in
 the [first] SECOND degree is a class C felony.
   § 7. The penal law is amended by adding a new section 178.30  to  read
 as follows:
 § 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 COMMITS THE CRIME
 OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS  OR  PRESCRIPTIONS  IN
 THE FIFTH DEGREE ON FIVE OR MORE OCCASIONS OVER A NINETY DAY PERIOD, AND
 IS:
   (A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR
   (B)  A  PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE PRESCRIPTION
 MEDICATIONS AND DEVICES.
   CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS  AND  PRESCRIPTIONS  IN
 THE FIRST DEGREE IS A CLASS B FELONY.

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   § 8. The penal law is amended by adding a new article 178-A to read as
 follows:
                               ARTICLE 178-A
          FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF
       NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES
 SECTION 178.50 DEFINITIONS.
         178.55 FRAUDULENT  PRESCRIPTION,  DISPENSING  AND PROCUREMENT OF
                  NON-CONTROLLED SUBSTANCE PRESCRIPTION  MEDICATIONS  AND
                  DEVICES IN THE THIRD DEGREE.
         178.60 FRAUDULENT  PRESCRIPTION,  DISPENSING  AND PROCUREMENT OF
                  NON-CONTROLLED SUBSTANCE PRESCRIPTION  MEDICATIONS  AND
                  DEVICES IN THE SECOND DEGREE.
         178.65 FRAUDULENT  PRESCRIPTION,  DISPENSING  AND PROCUREMENT OF
                  NON-CONTROLLED SUBSTANCE PRESCRIPTION  MEDICATIONS  AND
                  DEVICES IN THE FIRST DEGREE.
 § 178.50 DEFINITIONS.
   THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   1.  "PRESCRIPTION  MEDICATION OR DEVICE" MEANS ANY ARTICLE FOR WHICH A
 PRESCRIPTION IS REQUIRED IN ORDER TO  BE  LAWFULLY  SOLD,  DELIVERED  OR
 DISTRIBUTED BY ANY PERSON AUTHORIZED BY LAW TO ENGAGE IN THE PRACTICE OF
 THE PROFESSION OF PHARMACY.
   2.  "PRESCRIPTION"  MEANS  A  DIRECTION OR AUTHORIZATION BY MEANS OF A
 WRITTEN  PRESCRIPTION  FORM,  AN  ELECTRONIC  PRESCRIPTION  OR  AN  ORAL
 PRESCRIPTION  WHICH  PERMITS  A PERSON TO LAWFULLY OBTAIN A PRESCRIPTION
 MEDICATION OR  DEVICE  FROM  ANY  PERSON  AUTHORIZED  TO  DISPENSE  SUCH
 PRESCRIPTION MEDICATION OR DEVICE.
   3.  "CONTROLLED  SUBSTANCE"  MEANS ANY SUBSTANCE LISTED IN SCHEDULE I,
 II, III, IV OR V OF SECTION  THIRTY-THREE  HUNDRED  SIX  OF  THE  PUBLIC
 HEALTH  LAW OTHER THAN MARIHUANA, BUT INCLUDING CONCENTRATED CANNABIS AS
 DEFINED IN PARAGRAPH (A) OF SUBDIVISION  FOUR  OF  SECTION  THIRTY-THREE
 HUNDRED TWO OF SUCH LAW.
   4.   "DISPENSING"  AND  "DISPENSES"  REFER  TO  THE  DISPENSING  OF  A
 PRESCRIPTION MEDICATION OR DEVICE FROM OR WITHIN A  PHARMACY,  HOSPITAL,
 PHYSICIAN'S OFFICE, CLINIC OR OTHER PHARMACEUTICAL OR MEDICAL FACILITY.
 § 178.55 FRAUDULENT  PRESCRIPTION,  DISPENSING  AND  PROCUREMENT OF NON-
            CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES  IN
            THE THIRD DEGREE.
   A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE-
 MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN
 THE THIRD DEGREE WHEN HE OR SHE:
   1.  ISSUES  A WRITTEN, ELECTRONIC OR ORAL PRESCRIPTION FOR A NON-CONT-
 ROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE, AND IS  NOT  A  DULY
 LICENSED   PHYSICIAN   OR   OTHER   PERSON   AUTHORIZED  TO  ISSUE  SUCH
 PRESCRIPTION; OR
   2. DISPENSES A NON-CONTROLLED  SUBSTANCE  PRESCRIPTION  MEDICATION  OR
 DEVICE, WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT:
   (A)  THE  PERSON FOR WHOM THE MEDICATION OR DEVICE HAS BEEN PRESCRIBED
 HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR
   (B) NO PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS ISSUED BY A DULY
 LICENSED  PHYSICIAN  OR  OTHER   PERSON   AUTHORIZED   TO   ISSUE   SUCH
 PRESCRIPTION; OR
   (C) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR
   (D)  THE  PRESCRIPTION  FOR  SUCH MEDICATION OR DEVICE WAS ISSUED BY A
 DULY LICENSED  PHYSICIAN  OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE  SUCH
 PRESCRIPTION  WHO  WAS  ACTING  OTHER  THAN  IN GOOD FAITH IN THE LAWFUL
 COURSE OF HIS OR HER PROFESSIONAL PRACTICE; OR

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   3. PRESENTS OR SUBMITS A PRESCRIPTION FOR A  NON-CONTROLLED  SUBSTANCE
 PRESCRIPTION  MEDICATION  OR  DEVICE  TO,  OR  RECEIVES A NON-CONTROLLED
 SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE FROM, A DULY LICENSED  PHAR-
 MACIST  OR OTHER PERSON AUTHORIZED TO DISPENSE SUCH PRESCRIPTION MEDICA-
 TION OR DEVICE, WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT:
   (A)  THE  PERSON FOR WHOM THE MEDICATION OR DEVICE HAS BEEN PRESCRIBED
 HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR
   (B) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS NOT ISSUED BY A
 DULY LICENSED  PHYSICIAN  OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE  SUCH
 PRESCRIPTION; OR
   (C) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR
   (D)  THE  PRESCRIPTION  FOR  SUCH MEDICATION OR DEVICE WAS ISSUED BY A
 DULY LICENSED  PHYSICIAN  OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE  SUCH
 PRESCRIPTION  WHO  WAS  ACTING  OTHER  THAN  IN GOOD FAITH IN THE LAWFUL
 COURSE OF HIS OR HER PROFESSIONAL PRACTICE.
   FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF  NON-CONTROLLED
 SUBSTANCE  PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE IS A
 CLASS D FELONY.
 § 178.60 FRAUDULENT PRESCRIPTION, DISPENSING  AND  PROCUREMENT  OF  NON-
            CONTROLLED  SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN
            THE SECOND DEGREE.
   A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE-
 MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN
 THE SECOND DEGREE WHEN HE OR SHE:
   1. BEING A DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE
 A PRESCRIPTION, ISSUES A WRITTEN, ELECTRONIC OR ORAL PRESCRIPTION FOR  A
 NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE, OR DISPENSES
 A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE:
   (A)  WITH  KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT THE PERSON FOR
 WHOM THE PRESCRIPTION IS ISSUED, OR TO WHOM THE MEDICATION IS DISPENSED,
 HAS NO  MEDICAL  NEED  FOR  THE  MEDICATION  OR  DEVICE  THAT  IS  BEING
 PRESCRIBED; OR
   (B)  OTHER  THAN  IN  GOOD  FAITH  IN  THE LAWFUL COURSE OF HIS OR HER
 PROFESSIONAL PRACTICE; OR
   2. BEING A DULY LICENSED PHARMACIST  OR  OTHER  PERSON  AUTHORIZED  TO
 DISPENSE A PRESCRIPTION MEDICATION OR DEVICE, DISPENSES A NON-CONTROLLED
 SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE:
   (A) WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT:
   (I)  THE  PERSON FOR WHOM THE MEDICATION OR DEVICE HAS BEEN PRESCRIBED
 HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR
   (II) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS NOT ISSUED  BY
 A  DULY  LICENSED  PHYSICIAN  OR  OTHER  PERSON AUTHORIZED TO ISSUE SUCH
 PRESCRIPTION; OR
   (III) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR
   (IV) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS  ISSUED  BY  A
 DULY  LICENSED  PHYSICIAN  OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE SUCH
 PRESCRIPTION WHO WAS ACTING OTHER THAN  IN  GOOD  FAITH  IN  THE  LAWFUL
 COURSE OF HIS OR HER PROFESSIONAL PRACTICE; OR
   (B)  OTHER  THAN  IN  GOOD  FAITH,  IN THE COURSE OF HIS OR HER LAWFUL
 PROFESSIONAL PRACTICE.
   FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF  NON-CONTROLLED
 SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE IS A
 CLASS C FELONY.
 § 178.65 FRAUDULENT  PRESCRIPTION,  DISPENSING  AND  PROCUREMENT OF NON-
            CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES  IN
            THE FIRST DEGREE.

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   A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE-
 MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN
 THE  FIRST DEGREE WHEN HE OR SHE, BEING EITHER A DULY LICENSED PHYSICIAN
 OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION, OR A  DULY  LICENSED
 PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE A PRESCRIPTION MEDICA-
 TION OR DEVICE, COMMITS THE CRIME OF FRAUDULENT PRESCRIPTION, DISPENSING
 AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND
 DEVICES  IN  THE  SECOND DEGREE ON TWO OR MORE OCCASIONS WITHIN A NINETY
 DAY PERIOD.
   FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF  NON-CONTROLLED
 SUBSTANCE  PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST DEGREE IS A
 CLASS B FELONY.
   § 9. Title M of the penal law is amended by adding a new  article  219
 to read as follows:
                                ARTICLE 219
       UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION
                          MEDICATIONS AND DEVICES
 SECTION 219.00 DEFINITIONS.
         219.05 LIMITATIONS ON APPLICATION OF ARTICLE.
         219.10 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
                  PRESCRIPTION  MEDICATIONS  AND  DEVICES  IN  THE  FIFTH
                  DEGREE.
         219.15 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
                  PRESCRIPTION MEDICATIONS  AND  DEVICES  IN  THE  FOURTH
                  DEGREE.
         219.20 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
                  PRESCRIPTION  MEDICATIONS  AND  DEVICES  IN  THE  THIRD
                  DEGREE.
         219.25 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
                  PRESCRIPTION MEDICATIONS  AND  DEVICES  IN  THE  SECOND
                  DEGREE.
         219.30 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
                  PRESCRIPTION  MEDICATIONS  AND  DEVICES  IN  THE  FIRST
                  DEGREE.
 § 219.00 DEFINITIONS.
   THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   1.  "PRESCRIPTION  MEDICATION OR DEVICE" MEANS ANY ARTICLE FOR WHICH A
 PRESCRIPTION IS REQUIRED IN ORDER TO  BE  LAWFULLY  SOLD,  DELIVERED  OR
 DISTRIBUTED BY ANY PERSON AUTHORIZED BY LAW TO ENGAGE IN THE PRACTICE OF
 THE PROFESSION OF PHARMACY.
   2.  "PRESCRIPTION"  MEANS  A  DIRECTION OR AUTHORIZATION BY MEANS OF A
 WRITTEN  PRESCRIPTION  FORM,  AN  ELECTRONIC  PRESCRIPTION  OR  AN  ORAL
 PRESCRIPTION  WHICH  PERMITS  A PERSON TO LAWFULLY OBTAIN A PRESCRIPTION
 MEDICATION OR  DEVICE  FROM  ANY  PERSON  AUTHORIZED  TO  DISPENSE  SUCH
 PRESCRIPTION MEDICATION OR DEVICE.
   3.  "CONTROLLED  SUBSTANCE"  MEANS ANY SUBSTANCE LISTED IN SCHEDULE I,
 II, III, IV OR V OF SECTION  THIRTY-THREE  HUNDRED  SIX  OF  THE  PUBLIC
 HEALTH  LAW OTHER THAN MARIHUANA, BUT INCLUDING CONCENTRATED CANNABIS AS
 DEFINED IN PARAGRAPH (A) OF SUBDIVISION  FOUR  OF  SECTION  THIRTY-THREE
 HUNDRED TWO OF SUCH LAW.
   4.  THE  VALUE  OF A PRESCRIPTION MEDICATION OR DEVICE SHALL BE EQUIV-
 ALENT TO THE FAIR MARKET VALUE OF  SUCH  MEDICATION  OR  DEVICE  ON  THE
 LAWFUL  RETAIL  MARKET,  AT  ABOUT  THE TIME AND PLACE THAT THE CRIME IS
 COMMITTED.
 § 219.05 LIMITATIONS ON APPLICATION OF ARTICLE.

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   THE PROVISIONS OF THIS ARTICLE RESTRICTING THE UNLAWFUL POSSESSION  OF
 NON-CONTROLLED  SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES SHALL NOT
 APPLY:
   1.  TO  COMMON  CARRIERS OR TO WAREHOUSEMEN, WHILE ENGAGED IN LAWFULLY
 TRANSPORTING OR STORING SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDI-
 CATIONS AND DEVICES, OR TO ANY EMPLOYEE OF THE SAME  ACTING  WITHIN  THE
 SCOPE OF HIS OR HER EMPLOYMENT; OR
   2.  TO PUBLIC OFFICERS OR THEIR EMPLOYEES IN THE LAWFUL PERFORMANCE OF
 THEIR OFFICIAL DUTIES REQUIRING THE POSSESSION OR CONTROL OF  SUCH  NON-
 CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES; OR
   3.  TO  TEMPORARY  INCIDENTAL  POSSESSION  BY  EMPLOYEES  OR AGENTS OF
 PERSONS LAWFULLY  ENTITLED  TO  POSSESS  SUCH  NON-CONTROLLED  SUBSTANCE
 PRESCRIPTION  MEDICATIONS AND DEVICES, OR BY PERSONS WHOSE POSSESSION IS
 FOR THE PURPOSE OF AIDING PUBLIC OFFICERS IN PERFORMING  THEIR  OFFICIAL
 DUTIES; OR
   4.  TO  A  DULY  LICENSED PHYSICIAN, DULY LICENSED PHARMACIST OR OTHER
 PERSON AUTHORIZED TO POSSESS OR DISPENSE SUCH  NON-CONTROLLED  SUBSTANCE
 PRESCRIPTION MEDICATIONS AND DEVICES, ACTING IN GOOD FAITH IN THE LAWFUL
 COURSE OF HIS OR HER PROFESSION; OR
   5. TO TEMPORARY INCIDENTAL POSSESSION BY A PERSON ACTING IN GOOD FAITH
 WHO  REASONABLY  BELIEVES  THAT HE OR SHE IS ASSISTING ANOTHER PERSON TO
 OBTAIN A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE THAT
 HAS BEEN LAWFULLY PRESCRIBED TO THAT OTHER PERSON.
 § 219.10 UNLAWFUL POSSESSION OF  NON-CONTROLLED  SUBSTANCE  PRESCRIPTION
            MEDICATIONS AND DEVICES IN THE FIFTH DEGREE.
   A  PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
 PRESCRIPTION MEDICATIONS AND DEVICES  IN  THE  FIFTH  DEGREE  WHEN  SUCH
 PERSON   KNOWINGLY   POSSESSES  ONE  OR  MORE  NON-CONTROLLED  SUBSTANCE
 PRESCRIPTION MEDICATIONS OR DEVICES WHICH WERE NOT  LAWFULLY  PRESCRIBED
 TO  HIM OR HER, UNDER CIRCUMSTANCES EVINCING AN INTENT TO SELL THE SAME;
 AND
   1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED  SUBSTANCE  PRESCRIPTION
 MEDICATIONS AND DEVICES EXCEEDS TWO HUNDRED DOLLARS; OR
   2.  HE  OR  SHE POSSESSES TWENTY OR MORE PILLS, TABLETS OR CAPSULES OF
 SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES.
   UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE  PRESCRIPTION  MEDICA-
 TIONS AND DEVICES IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
 §  219.15  UNLAWFUL  POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION
            MEDICATIONS AND DEVICES IN THE FOURTH DEGREE.
   A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED  SUBSTANCE
 PRESCRIPTION MEDICATIONS AND DEVICES IN THE FOURTH DEGREE WHEN HE OR SHE
 KNOWINGLY  AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
 PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY  PRESCRIBED
 TO HIM OR HER; AND
   1.  THE  AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
 MEDICATIONS AND DEVICES EXCEEDS FIVE HUNDRED DOLLARS; OR
   2. HE OR SHE POSSESSES FIFTY OR MORE PILLS,  TABLETS  OR  CAPSULES  OF
 SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES; OR
   3. HE OR SHE POSSESSES A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA-
 TION OR DEVICE WITH AN INTENT TO SELL IT; OR
   4.  HE  OR  SHE  COMMITS THE CRIME OF UNLAWFUL POSSESSION OF NON-CONT-
 ROLLED PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIFTH DEGREE, AND HAS
 PREVIOUSLY BEEN CONVICTED OF AN OFFENSE DEFINED IN THIS ARTICLE.
   UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE  PRESCRIPTION  MEDICA-
 TIONS AND DEVICES IN THE FOURTH DEGREE IS A CLASS E FELONY.

 A. 2790                             8
 
 § 219.20 UNLAWFUL  POSSESSION  OF  NON-CONTROLLED SUBSTANCE PRESCRIPTION
            MEDICATIONS AND DEVICES IN THE THIRD DEGREE.
   A  PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
 PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE WHEN HE OR  SHE
 KNOWINGLY  AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
 PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY  PRESCRIBED
 TO HIM OR HER; AND
   1.  THE  AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
 MEDICATIONS AND DEVICES EXCEEDS FIFTEEN HUNDRED DOLLARS; OR
   2. HE OR SHE POSSESSES ONE HUNDRED FIFTY OR  MORE  PILLS,  TABLETS  OR
 CAPSULES  OF  SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND
 DEVICES.
   UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE  PRESCRIPTION  MEDICA-
 TIONS AND DEVICES IN THE THIRD DEGREE IS A CLASS D FELONY.
 § 219.25 UNLAWFUL  POSSESSION  OF  NON-CONTROLLED SUBSTANCE PRESCRIPTION
            MEDICATIONS AND DEVICES IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED  SUBSTANCE
 PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE WHEN HE OR SHE
 KNOWINGLY  AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
 PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY  PRESCRIBED
 TO HIM OR HER; AND
   1.  THE  AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
 MEDICATIONS AND DEVICES EXCEEDS TEN THOUSAND DOLLARS; OR
   2. HE OR SHE POSSESSES ONE THOUSAND OR MORE PILLS, TABLETS OR CAPSULES
 OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES.
   UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE  PRESCRIPTION  MEDICA-
 TIONS AND DEVICES IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 219.30 UNLAWFUL  POSSESSION  OF  NON-CONTROLLED SUBSTANCE PRESCRIPTION
            MEDICATIONS AND DEVICES IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED  SUBSTANCE
 PRESCRIPTION  MEDICATIONS AND DEVICES IN THE FIRST DEGREE WHEN HE OR SHE
 KNOWINGLY AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED  SUBSTANCE
 PRESCRIPTION  MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY PRESCRIBED
 TO HIM OR HER; AND
   1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED  SUBSTANCE  PRESCRIPTION
 MEDICATIONS AND DEVICES EXCEEDS ONE HUNDRED THOUSAND DOLLARS; OR
   2. HE OR SHE POSSESSES TEN THOUSAND OR MORE PILLS, TABLETS OR CAPSULES
 OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES.
   UNLAWFUL  POSSESSION  OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA-
 TIONS AND DEVICES IN THE FIRST DEGREE IS A CLASS B FELONY.
   § 10. This act shall take effect on the ninetieth day after  it  shall
 have become a law.