NY Penal Law § 179.11: Criminal diversion of medical marihuana in the second degree

While criminal diversion refers to issuing an illegal prescription for a medication or device, or selling or buying prescription medications illegally, it also applies to cases involving medical marihuana. Criminal diversion of medical marihuana is defined as issuing a medical marihuana certification to someone who does not qualify for one or transferring medical marihuana to someone who is not qualified to receive it. There are 3 offenses in the New York criminal code related to criminal diversion of medical marihuana. Under New York Penal Law § 179.11 you could be prosecuted for criminal diversion of medical marihuana in the second degree if you sell or otherwise provide medical marihuana to another person knowing that that person is not authorized to receive it.

Henry is an authorized, registered user of medical marihuana. However, his friend, Holly, is not. From time to time Henry sells Holly some of the medical marihuana that Henry purchases legally. Henry could be prosecuted for criminal diversion of medical marihuana in the second degree since he sold medical marihuana to someone who is not authorized to have it.

1. Criminal diversion of medical marihuana in the first degree: New York Penal Law § 179.10
2. Criminal retention of medical marihuana: New York Penal Law § 179.15

The criminal diversion of marihuana statute does not apply to you if you:

1. Are a practitioner authorized to issue a certification who acted in good faith in the lawful course of his or her profession,
2. Are a pharmacist, or
3. Are a person seeking treatment for medical condition or assisting another person to obtain treatment for a medical condition.

Criminal diversion of medical marihuana in the second degree is a class B misdemeanor. If you are convicted your sentence may include up to 90 days in jail, a probation term of 1 year, and a fine.

A person is guilty of criminal diversion of medical marihuana in the second degree when he or she sells, trades, delivers, or otherwise provides medical marihuana to another with knowledge or reasonable grounds to know that the recipient is not registered under title five-A of article thirty-three of the public health law.

Even though criminal diversion of medical marihuana in the second degree is a misdemeanor and not a felony, you should still take it seriously as a conviction has consequences to be avoided. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with crimes related to criminal diversion as well as grand larceny, embezzlement, and white collar crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.