Statute · New York Penal Law
N.Y. Penal Law § 178.05 — Criminal diversion of prescription medications and prescriptions; limitation
N.Y. Penal Law § 178.05
- Type
- Statute
- Source
- New York Penal Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 178.05 Criminal diversion of prescription medications and
Citator
N.Y. Penal Law § 178.05 — Criminal diversion of prescription medications and prescriptions; limitation is in force in the current edition of the Code, and nothing recorded condemns it.
§ 178.05 Criminal diversion of prescription medications and
prescriptions; limitation.
1. The provisions of this article shall not apply to:
(a) a duly licensed physician or other person authorized to issue a prescription acting in good faith in the lawful course of his or her profession; or
(b) a duly licensed pharmacist acting in good faith in the lawful course of the practice of pharmacy; or
(c) a person acting in good faith seeking treatment for a medical condition or assisting another person to obtain treatment for a medical condition.
2. No provision of this article relating to the sale of a prescription medication or device shall be deemed to authorize any act prohibited by article thirty-three of the public health law or article two hundred twenty of this chapter.