S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5396
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 14, 2015
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee 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:
    1    Section 1.  Section 178.00 of the penal law, as added by chapter 81 of
    2  the laws of 1995, is amended to read as follows:
    3  S 178.00 Criminal   diversion   of    prescription    medications    and
    4             prescriptions; definitions.
    5    The following definitions are applicable to this article:
    6    1.  "Prescription  medication or device" means any article for which a
    7  prescription is required in order to  be  lawfully  sold,  delivered  or
    8  distributed by any person authorized by law to engage in the practice of
    9  the profession of pharmacy.
   10    2.  "Prescription"  means  a  direction or authorization by means of a
   11  written  prescription  form,  ELECTRONIC   PRESCRIPTION   or   an   oral
   12  prescription  which  permits  a person to lawfully obtain a prescription
   13  medication or  device  from  any  person  authorized  to  dispense  such
   14  prescription medication or device.
   15    3.  "PRESCRIPTION  FORM"  MEANS  AN  OFFICIAL  STATE PRESCRIPTION FORM
   16  AUTHORIZED BY A STATE FOR USE  BY  HEALTH  PRACTITIONERS  AUTHORIZED  TO
   17  WRITE PRESCRIPTIONS.
   18    4.  "Criminal  diversion  act"  means an act or acts in which a person
   19  knowingly:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03976-01-5
       S. 5396                             2
    1    (a) transfers or delivers,  in  exchange  for  anything  of  pecuniary
    2  value,  a prescription medication or device with knowledge or reasonable
    3  grounds to know that the recipient has no medical need for it; or
    4    (b)   receives,  in  exchange  for  anything  of  pecuniary  value,  a
    5  prescription medication or device with knowledge or  reasonable  grounds
    6  to  know  that the seller or transferor is not authorized by law to sell
    7  or transfer such prescription medication or device; or
    8    (c)  RECEIVES,  IN  EXCHANGE  FOR  ANYTHING  OF  PECUNIARY  VALUE,   A
    9  PRESCRIPTION  MEDICATION  OR  DEVICE, PRESCRIPTION, OR PRESCRIPTION FORM
   10  FROM A LAW ENFORCEMENT OFFICER ACTING IN AN UNDERCOVER CAPACITY  OR  HIS
   11  OR  HER AGENT, BELIEVING OR HAVING REASONABLE GROUND TO BELIEVE THAT THE
   12  OFFICER OR HIS OR HER AGENT IS SOMEONE WHO IS NOT AUTHORIZED BY  LAW  TO
   13  SELL  OR  TRANSFER SUCH PRESCRIPTION MEDICATION OR DEVICE, PRESCRIPTION,
   14  OR PRESCRIPTION FORM; OR
   15    (D) transfers or delivers  a  prescription  OR  PRESCRIPTION  FORM  in
   16  exchange for anything of pecuniary value; or
   17    [(d)] (E) receives a prescription OR PRESCRIPTION FORM in exchange for
   18  anything of pecuniary value.
   19    S  2.  Paragraph  (c)  of subdivision 1 of section 178.05 of the penal
   20  law, as added by chapter 81 of the laws of 1995, is amended and two  new
   21  paragraphs (d) and (e) are added to read as follows:
   22    (c)  a  person  acting  in  good faith WHO IS seeking [treatment for a
   23  medical condition or assisting another person to obtain treatment for  a
   24  medical  condition] TO OBTAIN A PRESCRIPTION, PRESCRIPTION MEDICATION OR
   25  DEVICE THAT HAS BEEN LAWFULLY PRESCRIBED TO HIM OR HER, AND FOR WHICH HE
   26  OR SHE HAS A MEDICAL NEED; OR
   27    (D) A PERSON ACTING IN GOOD FAITH, WHO REASONABLY BELIEVES THAT HE  OR
   28  SHE  IS  ASSISTING ANOTHER PERSON TO OBTAIN A PRESCRIPTION, PRESCRIPTION
   29  MEDICATION OR DEVICE THAT HAS BEEN LAWFULLY  PRESCRIBED  TO  THAT  OTHER
   30  PERSON; OR
   31    (E)  A DULY REGISTERED MANUFACTURER OR WHOLESALER OF DRUGS, AS DEFINED
   32  IN ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW, ACTING IN GOOD
   33  FAITH IN THE LAWFUL COURSE OF HIS OR HER BUSINESS.
   34    S 3. Section 178.10 of the penal law, as added by chapter  81  of  the
   35  laws of 1995, is amended to read as follows:
   36  S 178.10 Criminal    diversion    of    prescription   medications   and
   37             prescriptions in the [fourth] FIFTH degree.
   38    A person is guilty of criminal diversion of  prescription  medications
   39  and  prescriptions in the [fourth] FIFTH degree when he or she commits a
   40  criminal diversion act.
   41    Criminal diversion of prescription medications  and  prescriptions  in
   42  the [fourth] FIFTH degree is a class A misdemeanor.
   43    S  4.  Section  178.15 of the penal law, as added by chapter 81 of the
   44  law of 1995, is amended to read as follows:
   45  S 178.15 Criminal   diversion   of    prescription    medications    and
   46             prescriptions in the [third] FOURTH degree.
   47    A  person  is guilty of criminal diversion of prescription medications
   48  and prescriptions in the [third] FOURTH degree when he or she:
   49    1. commits a criminal diversion act, and  the  value  of  the  benefit
   50  exchanged is in excess of one thousand dollars; or
   51    2. commits the crime of criminal diversion of prescription medications
   52  and  prescriptions in the [fourth] FIFTH degree, and has previously been
   53  convicted of [the crime of criminal diversion  of  prescription  medica-
   54  tions and prescriptions in the fourth degree] AN OFFENSE DEFINED IN THIS
   55  ARTICLE; OR
       S. 5396                             3
    1    3. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
    2  AND  PRESCRIPTIONS  IN  THE FIFTH DEGREE ON TWO OR MORE OCCASIONS OVER A
    3  THIRTY-FIVE DAY PERIOD.
    4    Criminal  diversion  of  prescription medications and prescriptions in
    5  the [third] FOURTH degree is a class E felony.
    6    S 5.  Section 178.20 of the penal law, as added by chapter 81  of  the
    7  laws of 1995, is amended to read as follows:
    8  S 178.20 Criminal    diversion    of    prescription   medications   and
    9             prescriptions in the [second] THIRD degree.
   10    A person is guilty of criminal diversion of  prescription  medications
   11  and prescriptions in the [second] THIRD degree when he or she:
   12    1.  commits  a  criminal  diversion  act, and the value of the benefit
   13  exchanged is in excess of three thousand dollars; OR
   14    2. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
   15  AND PRESCRIPTIONS IN THE FIFTH DEGREE ON FOUR OR MORE OCCASIONS  OVER  A
   16  THIRTY-FIVE DAY PERIOD; OR
   17    3.    COMMITS  THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICA-
   18  TIONS AND PRESCRIPTIONS IN THE FIFTH DEGREE, AND IS:
   19    (A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR
   20    (B) A PHARMACIST OR OTHER PERSON AUTHORIZED TO  DISPENSE  PRESCRIPTION
   21  MEDICATIONS AND DEVICES.
   22    Criminal  diversion  of  prescription medications and prescriptions in
   23  the [second] THIRD degree is a class D felony.
   24    S 6. Section 178.25 of the penal law, as added by chapter  81  of  the
   25  laws of 1995, is amended to read as follows:
   26  S 178.25 Criminal    diversion    of    prescription   medications   and
   27             prescriptions in the [first] SECOND degree.
   28    A person is guilty of criminal diversion of  prescription  medications
   29  and prescriptions in the [first] SECOND degree when he or she:
   30    1.  commits  a  criminal  diversion  act, and the value of the benefit
   31  exchanged is in excess of fifty thousand dollars; OR
   32    2. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
   33  AND PRESCRIPTIONS IN THE FIFTH DEGREE ON SIX OR MORE  OCCASIONS  OVER  A
   34  THIRTY-FIVE DAY PERIOD; OR
   35    3. COMMITS THE CRIME OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS
   36  AND  PRESCRIPTIONS  IN  THE FIFTH DEGREE ON TWO OR MORE OCCASIONS OVER A
   37  NINETY DAY PERIOD, AND IS:
   38    (A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR
   39    (B) A PHARMACIST OR OTHER PERSON AUTHORIZED TO  DISPENSE  PRESCRIPTION
   40  MEDICATIONS AND DEVICES.
   41    Criminal  diversion  of  prescription medications and prescriptions in
   42  the [first] SECOND degree is a class C felony.
   43    S 7. The penal law is amended by adding a new section 178.30  to  read
   44  as follows:
   45  S 178.30 CRIMINAL    DIVERSION    OF    PRESCRIPTION   MEDICATIONS   AND
   46             PRESCRIPTIONS IN THE FIRST DEGREE.
   47    A PERSON IS GUILTY OF CRIMINAL DIVERSION OF  PRESCRIPTION  MEDICATIONS
   48  AND  PRESCRIPTIONS  IN THE FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME
   49  OF CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS  OR  PRESCRIPTIONS  IN
   50  THE FIFTH DEGREE ON FIVE OR MORE OCCASIONS OVER A NINETY DAY PERIOD, AND
   51  IS:
   52    (A) A PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION; OR
   53    (B)  A  PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE PRESCRIPTION
   54  MEDICATIONS AND DEVICES.
   55    CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS  AND  PRESCRIPTIONS  IN
   56  THE FIRST DEGREE IS A CLASS B FELONY.
       S. 5396                             4
    1    S 8. The penal law is amended by adding a new article 178-A to read as
    2  follows:
    3                                ARTICLE 178-A
    4           FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF
    5        NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES
    6  SECTION 178.50 DEFINITIONS.
    7          178.55 FRAUDULENT  PRESCRIPTION,  DISPENSING  AND PROCUREMENT OF
    8                   NON-CONTROLLED SUBSTANCE PRESCRIPTION  MEDICATIONS  AND
    9                   DEVICES IN THE THIRD DEGREE.
   10          178.60 FRAUDULENT  PRESCRIPTION,  DISPENSING  AND PROCUREMENT OF
   11                   NON-CONTROLLED SUBSTANCE PRESCRIPTION  MEDICATIONS  AND
   12                   DEVICES IN THE SECOND DEGREE.
   13          178.65 FRAUDULENT  PRESCRIPTION,  DISPENSING  AND PROCUREMENT OF
   14                   NON-CONTROLLED SUBSTANCE PRESCRIPTION  MEDICATIONS  AND
   15                   DEVICES IN THE FIRST DEGREE.
   16  S 178.50 DEFINITIONS.
   17    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   18    1.  "PRESCRIPTION  MEDICATION OR DEVICE" MEANS ANY ARTICLE FOR WHICH A
   19  PRESCRIPTION IS REQUIRED IN ORDER TO  BE  LAWFULLY  SOLD,  DELIVERED  OR
   20  DISTRIBUTED BY ANY PERSON AUTHORIZED BY LAW TO ENGAGE IN THE PRACTICE OF
   21  THE PROFESSION OF PHARMACY.
   22    2.  "PRESCRIPTION"  MEANS  A  DIRECTION OR AUTHORIZATION BY MEANS OF A
   23  WRITTEN  PRESCRIPTION  FORM,  AN  ELECTRONIC  PRESCRIPTION  OR  AN  ORAL
   24  PRESCRIPTION  WHICH  PERMITS  A PERSON TO LAWFULLY OBTAIN A PRESCRIPTION
   25  MEDICATION OR  DEVICE  FROM  ANY  PERSON  AUTHORIZED  TO  DISPENSE  SUCH
   26  PRESCRIPTION MEDICATION OR DEVICE.
   27    3.  "CONTROLLED  SUBSTANCE"  MEANS ANY SUBSTANCE LISTED IN SCHEDULE I,
   28  II, III, IV OR V OF SECTION  THIRTY-THREE  HUNDRED  SIX  OF  THE  PUBLIC
   29  HEALTH  LAW OTHER THAN MARIHUANA, BUT INCLUDING CONCENTRATED CANNABIS AS
   30  DEFINED IN PARAGRAPH (A) OF SUBDIVISION  FOUR  OF  SECTION  THIRTY-THREE
   31  HUNDRED TWO OF SUCH LAW.
   32    4.   "DISPENSING"  AND  "DISPENSES"  REFER  TO  THE  DISPENSING  OF  A
   33  PRESCRIPTION MEDICATION OR DEVICE FROM OR WITHIN A  PHARMACY,  HOSPITAL,
   34  PHYSICIAN'S OFFICE, CLINIC OR OTHER PHARMACEUTICAL OR MEDICAL FACILITY.
   35  S 178.55 FRAUDULENT   PRESCRIPTION,   DISPENSING   AND   PROCUREMENT  OF
   36             NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES
   37             IN THE THIRD DEGREE.
   38    A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE-
   39  MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN
   40  THE THIRD DEGREE WHEN HE OR SHE:
   41    1. ISSUES A WRITTEN, ELECTRONIC OR ORAL PRESCRIPTION FOR  A  NON-CONT-
   42  ROLLED  SUBSTANCE  PRESCRIPTION  MEDICATION OR DEVICE, AND IS NOT A DULY
   43  LICENSED  PHYSICIAN  OR  OTHER   PERSON   AUTHORIZED   TO   ISSUE   SUCH
   44  PRESCRIPTION; OR
   45    2.  DISPENSES  A  NON-CONTROLLED  SUBSTANCE PRESCRIPTION MEDICATION OR
   46  DEVICE, WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT:
   47    (A) THE PERSON FOR WHOM THE MEDICATION OR DEVICE HAS  BEEN  PRESCRIBED
   48  HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR
   49    (B) NO PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS ISSUED BY A DULY
   50  LICENSED   PHYSICIAN   OR   OTHER   PERSON   AUTHORIZED  TO  ISSUE  SUCH
   51  PRESCRIPTION; OR
   52    (C) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR
   53    (D) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE  WAS  ISSUED  BY  A
   54  DULY  LICENSED  PHYSICIAN  OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE SUCH
   55  PRESCRIPTION WHO WAS ACTING OTHER THAN  IN  GOOD  FAITH  IN  THE  LAWFUL
   56  COURSE OF HIS OR HER PROFESSIONAL PRACTICE; OR
       S. 5396                             5
    1    3.  PRESENTS  OR SUBMITS A PRESCRIPTION FOR A NON-CONTROLLED SUBSTANCE
    2  PRESCRIPTION MEDICATION OR  DEVICE  TO,  OR  RECEIVES  A  NON-CONTROLLED
    3  SUBSTANCE  PRESCRIPTION MEDICATION OR DEVICE FROM, A DULY LICENSED PHAR-
    4  MACIST OR OTHER PERSON AUTHORIZED TO DISPENSE SUCH PRESCRIPTION  MEDICA-
    5  TION OR DEVICE, WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT:
    6    (A)  THE  PERSON FOR WHOM THE MEDICATION OR DEVICE HAS BEEN PRESCRIBED
    7  HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR
    8    (B) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS NOT ISSUED BY A
    9  DULY LICENSED  PHYSICIAN  OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE  SUCH
   10  PRESCRIPTION; OR
   11    (C) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR
   12    (D)  THE  PRESCRIPTION  FOR  SUCH MEDICATION OR DEVICE WAS ISSUED BY A
   13  DULY LICENSED  PHYSICIAN  OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE  SUCH
   14  PRESCRIPTION  WHO  WAS  ACTING  OTHER  THAN  IN GOOD FAITH IN THE LAWFUL
   15  COURSE OF HIS OR HER PROFESSIONAL PRACTICE.
   16    FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF  NON-CONTROLLED
   17  SUBSTANCE  PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE IS A
   18  CLASS D FELONY.
   19  S 178.60 FRAUDULENT  PRESCRIPTION,   DISPENSING   AND   PROCUREMENT   OF
   20             NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES
   21             IN THE SECOND DEGREE.
   22    A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE-
   23  MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN
   24  THE SECOND DEGREE WHEN HE OR SHE:
   25    1. BEING A DULY LICENSED PHYSICIAN OR OTHER PERSON AUTHORIZED TO ISSUE
   26  A  PRESCRIPTION, ISSUES A WRITTEN, ELECTRONIC OR ORAL PRESCRIPTION FOR A
   27  NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE, OR DISPENSES
   28  A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE:
   29    (A) WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT THE  PERSON  FOR
   30  WHOM THE PRESCRIPTION IS ISSUED, OR TO WHOM THE MEDICATION IS DISPENSED,
   31  HAS  NO  MEDICAL  NEED  FOR  THE  MEDICATION  OR  DEVICE  THAT  IS BEING
   32  PRESCRIBED; OR
   33    (B) OTHER THAN IN GOOD FAITH IN  THE  LAWFUL  COURSE  OF  HIS  OR  HER
   34  PROFESSIONAL PRACTICE; OR
   35    2.  BEING  A  DULY  LICENSED  PHARMACIST OR OTHER PERSON AUTHORIZED TO
   36  DISPENSE A PRESCRIPTION MEDICATION OR DEVICE, DISPENSES A NON-CONTROLLED
   37  SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE:
   38    (A) WITH KNOWLEDGE OR REASONABLE GROUNDS TO KNOW THAT:
   39    (I) THE PERSON FOR WHOM THE MEDICATION OR DEVICE HAS  BEEN  PRESCRIBED
   40  HAS NO MEDICAL NEED FOR SUCH MEDICATION OR DEVICE; OR
   41    (II)  THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS NOT ISSUED BY
   42  A DULY LICENSED PHYSICIAN OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE  SUCH
   43  PRESCRIPTION; OR
   44    (III) THE PRESCRIPTION FOR SUCH MEDICATION OR DEVICE WAS FORGED; OR
   45    (IV)  THE  PRESCRIPTION  FOR SUCH MEDICATION OR DEVICE WAS ISSUED BY A
   46  DULY LICENSED  PHYSICIAN  OR  OTHER  PERSON  AUTHORIZED  TO  ISSUE  SUCH
   47  PRESCRIPTION  WHO  WAS  ACTING  OTHER  THAN  IN GOOD FAITH IN THE LAWFUL
   48  COURSE OF HIS OR HER PROFESSIONAL PRACTICE; OR
   49    (B) OTHER THAN IN GOOD FAITH, IN THE  COURSE  OF  HIS  OR  HER  LAWFUL
   50  PROFESSIONAL PRACTICE.
   51    FRAUDULENT  PRESCRIPTION, DISPENSING AND PROCUREMENT OF NON-CONTROLLED
   52  SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE IS A
   53  CLASS C FELONY.
   54  S 178.65 FRAUDULENT  PRESCRIPTION,   DISPENSING   AND   PROCUREMENT   OF
   55             NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES
   56             IN THE FIRST DEGREE.
       S. 5396                             6
    1    A PERSON IS GUILTY OF FRAUDULENT PRESCRIPTION, DISPENSING AND PROCURE-
    2  MENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES IN
    3  THE  FIRST DEGREE WHEN HE OR SHE, BEING EITHER A DULY LICENSED PHYSICIAN
    4  OR OTHER PERSON AUTHORIZED TO ISSUE A PRESCRIPTION, OR A  DULY  LICENSED
    5  PHARMACIST OR OTHER PERSON AUTHORIZED TO DISPENSE A PRESCRIPTION MEDICA-
    6  TION OR DEVICE, COMMITS THE CRIME OF FRAUDULENT PRESCRIPTION, DISPENSING
    7  AND PROCUREMENT OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND
    8  DEVICES  IN  THE  SECOND DEGREE ON TWO OR MORE OCCASIONS WITHIN A NINETY
    9  DAY PERIOD.
   10    FRAUDULENT PRESCRIPTION, DISPENSING AND PROCUREMENT OF  NON-CONTROLLED
   11  SUBSTANCE  PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIRST DEGREE IS A
   12  CLASS B FELONY.
   13    S 9. Title M of the penal law is amended by adding a new  article  219
   14  to read as follows:
   15                                 ARTICLE 219
   16        UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION
   17                           MEDICATIONS AND DEVICES
   18  SECTION 219.00 DEFINITIONS.
   19          219.05 LIMITATIONS ON APPLICATION OF ARTICLE.
   20          219.10 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
   21                   PRESCRIPTION  MEDICATIONS  AND  DEVICES  IN  THE  FIFTH
   22                   DEGREE.
   23          219.15 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
   24                   PRESCRIPTION MEDICATIONS  AND  DEVICES  IN  THE  FOURTH
   25                   DEGREE.
   26          219.20 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
   27                   PRESCRIPTION  MEDICATIONS  AND  DEVICES  IN  THE  THIRD
   28                   DEGREE.
   29          219.25 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
   30                   PRESCRIPTION MEDICATIONS  AND  DEVICES  IN  THE  SECOND
   31                   DEGREE.
   32          219.30 UNLAWFUL    POSSESSION    OF   NON-CONTROLLED   SUBSTANCE
   33                   PRESCRIPTION  MEDICATIONS  AND  DEVICES  IN  THE  FIRST
   34                   DEGREE.
   35  S 219.00 DEFINITIONS.
   36    THE FOLLOWING DEFINITIONS ARE APPLICABLE TO THIS ARTICLE:
   37    1.  "PRESCRIPTION  MEDICATION OR DEVICE" MEANS ANY ARTICLE FOR WHICH A
   38  PRESCRIPTION IS REQUIRED IN ORDER TO  BE  LAWFULLY  SOLD,  DELIVERED  OR
   39  DISTRIBUTED BY ANY PERSON AUTHORIZED BY LAW TO ENGAGE IN THE PRACTICE OF
   40  THE PROFESSION OF PHARMACY.
   41    2.  "PRESCRIPTION"  MEANS  A  DIRECTION OR AUTHORIZATION BY MEANS OF A
   42  WRITTEN  PRESCRIPTION  FORM,  AN  ELECTRONIC  PRESCRIPTION  OR  AN  ORAL
   43  PRESCRIPTION  WHICH  PERMITS  A PERSON TO LAWFULLY OBTAIN A PRESCRIPTION
   44  MEDICATION OR  DEVICE  FROM  ANY  PERSON  AUTHORIZED  TO  DISPENSE  SUCH
   45  PRESCRIPTION MEDICATION OR DEVICE.
   46    3.  "CONTROLLED  SUBSTANCE"  MEANS ANY SUBSTANCE LISTED IN SCHEDULE I,
   47  II, III, IV OR V OF SECTION  THIRTY-THREE  HUNDRED  SIX  OF  THE  PUBLIC
   48  HEALTH  LAW OTHER THAN MARIHUANA, BUT INCLUDING CONCENTRATED CANNABIS AS
   49  DEFINED IN PARAGRAPH (A) OF SUBDIVISION  FOUR  OF  SECTION  THIRTY-THREE
   50  HUNDRED TWO OF SUCH LAW.
   51    4.  THE  VALUE  OF A PRESCRIPTION MEDICATION OR DEVICE SHALL BE EQUIV-
   52  ALENT TO THE FAIR MARKET VALUE OF  SUCH  MEDICATION  OR  DEVICE  ON  THE
   53  LAWFUL  RETAIL  MARKET,  AT  ABOUT  THE TIME AND PLACE THAT THE CRIME IS
   54  COMMITTED.
   55  S 219.05 LIMITATIONS ON APPLICATION OF ARTICLE.
       S. 5396                             7
    1    THE PROVISIONS OF THIS ARTICLE RESTRICTING THE UNLAWFUL POSSESSION  OF
    2  NON-CONTROLLED  SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES SHALL NOT
    3  APPLY:
    4    1.  TO  COMMON  CARRIERS OR TO WAREHOUSEMEN, WHILE ENGAGED IN LAWFULLY
    5  TRANSPORTING OR STORING SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDI-
    6  CATIONS AND DEVICES, OR TO ANY EMPLOYEE OF THE SAME  ACTING  WITHIN  THE
    7  SCOPE OF HIS OR HER EMPLOYMENT; OR
    8    2.  TO PUBLIC OFFICERS OR THEIR EMPLOYEES IN THE LAWFUL PERFORMANCE OF
    9  THEIR OFFICIAL DUTIES  REQUIRING  THE  POSSESSION  OR  CONTROL  OF  SUCH
   10  NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES; OR
   11    3.  TO  TEMPORARY  INCIDENTAL  POSSESSION  BY  EMPLOYEES  OR AGENTS OF
   12  PERSONS LAWFULLY  ENTITLED  TO  POSSESS  SUCH  NON-CONTROLLED  SUBSTANCE
   13  PRESCRIPTION  MEDICATIONS AND DEVICES, OR BY PERSONS WHOSE POSSESSION IS
   14  FOR THE PURPOSE OF AIDING PUBLIC OFFICERS IN PERFORMING  THEIR  OFFICIAL
   15  DUTIES; OR
   16    4.  TO  A  DULY  LICENSED PHYSICIAN, DULY LICENSED PHARMACIST OR OTHER
   17  PERSON AUTHORIZED TO POSSESS OR DISPENSE SUCH  NON-CONTROLLED  SUBSTANCE
   18  PRESCRIPTION MEDICATIONS AND DEVICES, ACTING IN GOOD FAITH IN THE LAWFUL
   19  COURSE OF HIS OR HER PROFESSION; OR
   20    5. TO TEMPORARY INCIDENTAL POSSESSION BY A PERSON ACTING IN GOOD FAITH
   21  WHO  REASONABLY  BELIEVES  THAT HE OR SHE IS ASSISTING ANOTHER PERSON TO
   22  OBTAIN A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATION OR DEVICE THAT
   23  HAS BEEN LAWFULLY PRESCRIBED TO THAT OTHER PERSON.
   24  S 219.10 UNLAWFUL POSSESSION OF  NON-CONTROLLED  SUBSTANCE  PRESCRIPTION
   25             MEDICATIONS AND DEVICES IN THE FIFTH DEGREE.
   26    A  PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
   27  PRESCRIPTION MEDICATIONS AND DEVICES  IN  THE  FIFTH  DEGREE  WHEN  SUCH
   28  PERSON   KNOWINGLY   POSSESSES  ONE  OR  MORE  NON-CONTROLLED  SUBSTANCE
   29  PRESCRIPTION MEDICATIONS OR DEVICES WHICH WERE NOT  LAWFULLY  PRESCRIBED
   30  TO  HIM OR HER, UNDER CIRCUMSTANCES EVINCING AN INTENT TO SELL THE SAME;
   31  AND
   32    1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED  SUBSTANCE  PRESCRIPTION
   33  MEDICATIONS AND DEVICES EXCEEDS TWO HUNDRED DOLLARS; OR
   34    2.  HE  OR  SHE POSSESSES TWENTY OR MORE PILLS, TABLETS OR CAPSULES OF
   35  SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES.
   36    UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE  PRESCRIPTION  MEDICA-
   37  TIONS AND DEVICES IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
   38  S  219.15  UNLAWFUL  POSSESSION OF NON-CONTROLLED SUBSTANCE PRESCRIPTION
   39             MEDICATIONS AND DEVICES IN THE FOURTH DEGREE.
   40    A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED  SUBSTANCE
   41  PRESCRIPTION MEDICATIONS AND DEVICES IN THE FOURTH DEGREE WHEN HE OR SHE
   42  KNOWINGLY  AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
   43  PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY  PRESCRIBED
   44  TO HIM OR HER; AND
   45    1.  THE  AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
   46  MEDICATIONS AND DEVICES EXCEEDS FIVE HUNDRED DOLLARS; OR
   47    2. HE OR SHE POSSESSES FIFTY OR MORE PILLS,  TABLETS  OR  CAPSULES  OF
   48  SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES; OR
   49    3. HE OR SHE POSSESSES A NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA-
   50  TION OR DEVICE WITH AN INTENT TO SELL IT; OR
   51    4.  HE  OR  SHE  COMMITS THE CRIME OF UNLAWFUL POSSESSION OF NON-CONT-
   52  ROLLED PRESCRIPTION MEDICATIONS AND DEVICES IN THE FIFTH DEGREE, AND HAS
   53  PREVIOUSLY BEEN CONVICTED OF AN OFFENSE DEFINED IN THIS ARTICLE.
   54    UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE  PRESCRIPTION  MEDICA-
   55  TIONS AND DEVICES IN THE FOURTH DEGREE IS A CLASS E FELONY.
       S. 5396                             8
    1  S 219.20 UNLAWFUL  POSSESSION  OF  NON-CONTROLLED SUBSTANCE PRESCRIPTION
    2             MEDICATIONS AND DEVICES IN THE THIRD DEGREE.
    3    A  PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE
    4  PRESCRIPTION MEDICATIONS AND DEVICES IN THE THIRD DEGREE WHEN HE OR  SHE
    5  KNOWINGLY  AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
    6  PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY  PRESCRIBED
    7  TO HIM OR HER; AND
    8    1.  THE  AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
    9  MEDICATIONS AND DEVICES EXCEEDS FIFTEEN HUNDRED DOLLARS; OR
   10    2. HE OR SHE POSSESSES ONE HUNDRED FIFTY OR  MORE  PILLS,  TABLETS  OR
   11  CAPSULES  OF  SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND
   12  DEVICES.
   13    UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE  PRESCRIPTION  MEDICA-
   14  TIONS AND DEVICES IN THE THIRD DEGREE IS A CLASS D FELONY.
   15  S 219.25 UNLAWFUL  POSSESSION  OF  NON-CONTROLLED SUBSTANCE PRESCRIPTION
   16             MEDICATIONS AND DEVICES IN THE SECOND DEGREE.
   17    A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED  SUBSTANCE
   18  PRESCRIPTION MEDICATIONS AND DEVICES IN THE SECOND DEGREE WHEN HE OR SHE
   19  KNOWINGLY  AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED SUBSTANCE
   20  PRESCRIPTION MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY  PRESCRIBED
   21  TO HIM OR HER; AND
   22    1.  THE  AGGREGATE VALUE OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION
   23  MEDICATIONS AND DEVICES EXCEEDS TEN THOUSAND DOLLARS; OR
   24    2. HE OR SHE POSSESSES ONE THOUSAND OR MORE PILLS, TABLETS OR CAPSULES
   25  OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES.
   26    UNLAWFUL POSSESSION OF NON-CONTROLLED SUBSTANCE  PRESCRIPTION  MEDICA-
   27  TIONS AND DEVICES IN THE SECOND DEGREE IS A CLASS C FELONY.
   28  S 219.30 UNLAWFUL  POSSESSION  OF  NON-CONTROLLED SUBSTANCE PRESCRIPTION
   29             MEDICATIONS AND DEVICES IN THE FIRST DEGREE.
   30    A PERSON IS GUILTY OF UNLAWFUL POSSESSION OF NON-CONTROLLED  SUBSTANCE
   31  PRESCRIPTION  MEDICATIONS AND DEVICES IN THE FIRST DEGREE WHEN HE OR SHE
   32  KNOWINGLY AND UNLAWFULLY POSSESSES ONE OR MORE NON-CONTROLLED  SUBSTANCE
   33  PRESCRIPTION  MEDICATIONS AND DEVICES WHICH WERE NOT LAWFULLY PRESCRIBED
   34  TO HIM OR HER; AND
   35    1. THE AGGREGATE VALUE OF SUCH NON-CONTROLLED  SUBSTANCE  PRESCRIPTION
   36  MEDICATIONS AND DEVICES EXCEEDS ONE HUNDRED THOUSAND DOLLARS; OR
   37    2. HE OR SHE POSSESSES TEN THOUSAND OR MORE PILLS, TABLETS OR CAPSULES
   38  OF SUCH NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICATIONS AND DEVICES.
   39    UNLAWFUL  POSSESSION  OF NON-CONTROLLED SUBSTANCE PRESCRIPTION MEDICA-
   40  TIONS AND DEVICES IN THE FIRST DEGREE IS A CLASS B FELONY.
   41    S 10. This act shall take effect on the ninetieth day after  it  shall
   42  have become a law.