§ 3302. Definitions of terms of general use in this article. Except\nwhere different meanings are expressly specified in subsequent\nprovisions of this article, the following terms have the following\nmeanings:\n 1. "Person with substance use disorder" means a person who habitually\nuses a controlled substance for a non-legitimate or unlawful use, and\nwho by reason of such use is dependent thereon.\n 2. "Administer" means the direct application of a controlled\nsubstance, whether by injection, inhalation, ingestion, or any other\nmeans, to the body of a patient or research subject.\n 3. "Agent" means an authorized person who acts on behalf of or at the\ndirection of a manufacturer, distributor, or dispenser. No person may be\nauthorized to so act if under title VIII of the education law such\nperson would not be permitted to engage in such conduct. It does not\ninclude a common or contract carrier, public warehouseman, or employee\nof the carrier or warehouseman when acting in the usual and lawful\ncourse of the carrier's or warehouseman's business.\n 4. "Controlled substance" means a substance or substances listed in\nsection thirty-three hundred six of this title.\n 5. "Commissioner" means commissioner of health of the state of New\nYork.\n 6. "Deliver" or "delivery" means the actual, constructive or attempted\ntransfer from one person to another of a controlled substance, whether\nor not there is an agency relationship.\n 7. "Department" means the department of health of the state of New\nYork.\n 8. "Dispense" means to deliver a controlled substance to an ultimate\nuser or research subject by lawful means, including by means of the\ninternet, and includes the packaging, labeling, or compounding necessary\nto prepare the substance for such delivery.\n 9. "Distribute" means to deliver a controlled substance, including by\nmeans of the internet, other than by administering or dispensing.\n 10. "Distributor" means a person who distributes a controlled\nsubstance.\n 11. "Diversion" means manufacture, possession, delivery or use of a\ncontrolled substance by a person or in a manner not specifically\nauthorized by law.\n 12. "Drug" means\n (a) substances recognized as drugs in the official United States\nPharmacopoeia, official Homeopathic Pharmacopoeia of the United States,\nor official National Formulary, or any supplement to any of them;\n (b) substances intended for use in the diagnosis, cure, mitigation,\ntreatment, or prevention of disease in man or animals; and\n (c) substances (other than food) intended to affect the structure or a\nfunction of the body of man or animal. It does not include devices or\ntheir components, parts, or accessories.\n 13. "Federal agency" means the Drug Enforcement Administration, United\nStates Department of Justice, or its successor agency.\n 14. "Federal controlled substances act" means the Comprehensive Drug\nAbuse Prevention and Control Act of 1970, Public Law 91-513, and any act\nor acts amendatory or supplemental thereto or regulations promulgated\nthereunder.\n 15. "Federal registration number" means such number assigned by the\nFederal agency to any person authorized to manufacture, distribute,\nsell, dispense or administer controlled substances.\n 16. "Habitual user" means any person who is, or by reason of repeated\nuse of any controlled substance for non-legitimate or unlawful use is in\ndanger of becoming, dependent upon such substance.\n 17. "Institutional dispenser" means a hospital, veterinary hospital,\nclinic, dispensary, maternity home, nursing home, mental hospital or\nsimilar facility approved and certified by the department as authorized\nto obtain controlled substances by distribution and to dispense and\nadminister such substances pursuant to the order of a practitioner.\n 18. "License" means a written authorization issued by the department\nor the New York state department of education permitting persons to\nengage in a specified activity with respec
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