§ 220.65 Criminal sale of a prescription for a controlled substance or\n of a controlled substance by a practitioner or pharmacist.\n A person is guilty of criminal sale of a prescription for a controlled\nsubstance or of a controlled substance by a practitioner or pharmacist\nwhen: 1. being a practitioner, as that term is defined in section\nthirty-three hundred two of the public health law, he or she knowingly\nand unlawfully sells a prescription for a controlled substance. For the\npurposes of this section, a person sells a prescription for a controlled\nsubstance unlawfully when he or she does so other than in good faith in\nthe course of his or her professional practice; or\n 2. being a practitioner or pharmacist, as those terms are defined in\nsection thirty-three hundred two of the public health law, he or she,\nacting other than in good faith, while purporting to act within the\nscope of the power, authority and privileges of his or her license, as\nthat term is defined in section thirty-three hundred two of the public\nhealth law, knowingly and unlawfully sells a controlled substance.\n Criminal sale of a prescription for a controlled substance or of a\ncontrolled substance by a practitioner or pharmacist is a class C\nfelony.\n
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