N.Y. PEN Law § 220.34
This is the official text of N.Y. PEN Law § 220.34, part of New York’s Penal Law — defines crimes and punishments in New York.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Criminal sale of a controlled substance in the fourth degree
Official statutory text
§ 220.34 Criminal sale of a controlled substance in the fourth degree.\n A person is guilty of criminal sale of a controlled substance in the\nfourth degree when he knowingly and unlawfully sells:\n 1. a narcotic preparation; or\n 2. a dangerous depressant or a depressant and the dangerous depressant\nweighs ten ounces or more, or the depressant weighs two pounds or more;\nor\n 4. phencyclidine and the phencyclidine weighs fifty milligrams or\nmore; or\n 5. methadone; or\n 6. any amount of phencyclidine and has previously been convicted of an\noffense defined in this article or the attempt or conspiracy to commit\nany such offense; or\n 6-a. ketamine and said ketamine weighs four thousand milligrams or\nmore.\n 7. a controlled substance in violation of section 220.31 of this\narticle, when such sale takes place upon school grounds or on a school\nbus; or\n 8. a controlled substance in violation of section 220.31 of this\narticle, when such sale takes place upon the grounds of a child day care\nor educational facility under circumstances evincing knowledge by the\ndefendant that such sale is taking place upon such grounds. As used in\nthis subdivision, the phrase "the grounds of a child day care or\neducational facility" shall have the same meaning as provided for in\nsubdivision five of section 220.44 of this article. For the purposes of\nthis subdivision, a rebuttable presumption shall be established that a\nperson has knowledge that they are within the grounds of a child day\ncare or educational facility when notice is conspicuously posted of the\npresence or proximity of such facility; or\n 9. one or more preparations, compounds, mixtures or substances\ncontaining gamma hydroxybutyric acid, as defined in paragraph four of\nsubdivision (e) of schedule I of section thirty-three hundred six of the\npublic health law, and said preparations, compounds, mixtures or\nsubstances are of an aggregate weight of twenty-eight grams or more.\n Criminal sale of a controlled substance in the fourth degree is a\nclass C felony.\n
Status: in_force · Read it on the official government site
Dealing with a criminal defense matter in New York?
See all New York Criminal Defense lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.