Criminal sale of a controlled substance in the fourth degree

§ 220.34 Criminal sale of a controlled substance in the fourth degree.

A person is guilty of criminal sale of a controlled substance in the
fourth degree when he knowingly and unlawfully sells:

1. a narcotic preparation; or

2. a dangerous depressant or a depressant and the dangerous depressant
weighs ten ounces or more, or the depressant weighs two pounds or more;
or

4. phencyclidine and the phencyclidine weighs fifty milligrams or
more; or

5. methadone; or

6. any amount of phencyclidine and has previously been convicted of an
offense defined in this article or the attempt or conspiracy to commit
any such offense; or

6-a. ketamine and said ketamine weighs four thousand milligrams or
more.

7. a controlled substance in violation of section 220.31 of this
article, when such sale takes place upon school grounds or on a school
bus; or

8. a controlled substance in violation of section 220.31 of this
article, when such sale takes place upon the grounds of a child day care
or educational facility under circumstances evincing knowledge by the
defendant that such sale is taking place upon such grounds. As used in
this subdivision, the phrase "the grounds of a child day care or
educational facility" shall have the same meaning as provided for in
subdivision five of section 220.44 of this article. For the purposes of
this subdivision, a rebuttable presumption shall be established that a
person has knowledge that they are within the grounds of a child day
care or educational facility when notice is conspicuously posted of the
presence or proximity of such facility; or

9. one or more preparations, compounds, mixtures or substances
containing gamma hydroxybutyric acid, as defined in paragraph four of
subdivision (e) of schedule I of section thirty-three hundred six of the
public health law, and said preparations, compounds, mixtures or
substances are of an aggregate weight of twenty-eight grams or more.

Criminal sale of a controlled substance in the fourth degree is a
class C felony.

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