Criminal Diversion Of Medical Marihuana In The Second Degree: NY Penal Law § 179.11

by ECL Writer
Criminal Diversion Of Medical Marihuana In The Second Degree

Criminal diversion encompasses various activities, including the illegal issuance of prescriptions for medications or devices and the unlawful sale or purchase of prescription drugs. It also extends to cases involving medical marijuana. Specifically, the criminal diversion of medical marijuana entails actions such as granting a medical marijuana certification to an ineligible individual or transferring medical marijuana to someone who lacks the necessary qualifications. In the New York criminal code, there are three offenses associated with the criminal diversion of medical marijuana. According to New York Penal Law § 179.11, you may face prosecution for second-degree criminal diversion of medical marijuana if you knowingly sell or provide medical marijuana to another person who is not authorized to receive it.

Sentence

Second-degree criminal diversion of medical marijuana constitutes a class B misdemeanor offense. Upon conviction, potential penalties may encompass a maximum of 90 days of incarceration, a probationary period lasting one year, and a monetary fine.

Defenses

You are exempt from the criminal diversion of marijuana statute if you fall into one of the following categories:

  • You are a licensed practitioner authorized to issue a certification, and your actions were conducted in good faith as part of your lawful professional duties.
  • You are a pharmacist.
  • You are an individual seeking treatment for a medical condition or assisting another person in obtaining medical treatment for their condition.

New York Penal Law § 179.11: Criminal Diversion of Medical Marihuana in the Second Degree

An individual commits second-degree criminal diversion of medical marijuana if they knowingly or with reasonable grounds to believe that the recipient is not registered under Title Five-A of Article Thirty-Three of the Public Health Law, engage in the sale, trade, delivery, or provision of medical marijuana to another person.

Related Offenses

Hiring a New York Lawyer For Criminal Diversion of Medical Marihuana in the Second Degree Case

When facing charges of second-degree criminal diversion of medical marijuana in New York, hiring a skilled lawyer is crucial. This legal professional will navigate the complex legal landscape, ensuring your rights are protected throughout the legal process. They will assess the evidence, craft a robust defense strategy, and advocate on your behalf in court. With expertise in New York’s criminal code, they can work to minimize potential consequences, which may include up to 90 days in jail, a year of probation, and fines. A knowledgeable attorney can guide you through the legal complexities, increasing your chances of a favorable outcome in your case.

Leave a Comment

This blog is ONLY for informational or educational purposes and DOES NOT substitute professional legal advise. We take no responsibility or credit for what you do with this info.