Section 12-102. Definitions

As used in this article:
    1.  "Illegal  drug"  means  any  controlled substance or marijuana the
  possession of which is an offense under the public  health  law  or  the
  penal law.
    2.  "Drug  market"  means  the  support system of illegal drug-related
  operations, from production to retail sales, through  which  an  illegal
  drug reaches a drug user.
    3.  "Drug  user"  means  the  individual whose illegal drug use is the
  basis of an action brought pursuant to this article.
    4. "Grade one violation" means  possession  of  one-quarter  ounce  or
  more,  but less than four ounces, or distribution of less than one ounce
  of an illegal drug other than marijuana, or possession of one  pound  or
  twenty-five  plants  or more, but less than four pounds or fifty plants,
  or distribution of less than one pound of marijuana.
    5. "Grade two violation" means possession of four ounces or more,  but
  less  than  eight ounces, or distribution of one ounce or more, but less
  than two ounces, of an illegal drug other than marijuana, or  possession
  of  four pounds or more or fifty plants or distribution of more than one
  pound but less than ten pounds of marijuana.
    6. "Grade three violation" means possession of eight ounces  or  more,
  but less than sixteen ounces, or distribution of two ounces or more, but
  less  than  four  ounces,  of  a specified illegal drug or possession of
  eight pounds or more or seventy-five  plants  or  more,  but  less  than
  sixteen  pounds or one hundred plants, or distribution of more than five
  pounds but less than ten pounds of marijuana.
    7. "Grade four violation" means possession of sixteen ounces  or  more
  or  distribution  of  four ounces or more of a specified illegal drug or
  possession of sixteen pounds or more or one hundred plants  or  more  or
  distribution of ten pounds or more of marijuana.
    8.  "Participate  in  a drug market" means to distribute, possess with
  intent to distribute,  commit  an  act  intended  to  facilitate  or  in
  furtherance of the marketing or distribution of, or agree to distribute,
  possess  with  an  intent  to  distribute,  or commit an act intended to
  facilitate or in furtherance of the marketing  and  distribution  of  an
  illegal  drug.  "Participate  in  a  drug  market"  does not include the
  purchase, receipt or possession of an  illegal  drug  for  personal  use
  only.
    9.  "Person"  means an individual, a governmental entity, corporation,
  firm, trust, partnership, or incorporated or unincorporated association,
  existing under or authorized by the laws of this state,  another  state,
  or a foreign country.
    10.  "Period  of  drug  use"  means, in relation to an individual drug
  user, the time of first use by an individual of an illegal drug  to  the
  accrual of the cause of action.
    11.  "Place of drug activity" means, in relation to an individual drug
  user, each county in which the individual purchases, receives, possesses
  or uses an illegal drug or in  which  the  individual  resides,  attends
  school,  or is employed during the period of the illegal drug use of the
  individual,  unless  the  defendant  proves  otherwise  by   clear   and
  convincing evidence.
    12.  "Place  of participation" means, in relation to a defendant in an
  action brought under this article, each county in which  such  defendant
  is  alleged  to  have  participated  in  a  drug market or in which such
  defendant resides, attends school, or is employed during the  period  of
  the participation in a drug market by such defendant.
    13. "Drug trafficker" means a person convicted of a class A or class B
  felony controlled substance or marijuana offense who, in connection with
  the  criminal  conduct  for which he or she stands convicted, possessed,

  distributed, sold  or  conspired  to  sell  a  controlled  substance  or
  marijuana  which, by virtue of its quantity, the person's prominent role
  in the enterprise responsible for  the  sale  or  distribution  of  such
  controlled  substance  and  other circumstances related to such criminal
  conduct  indicate  that  such  person's  criminal  possession,  sale  or
  conspiracy to sell such substance was not an isolated occurrence and was
  part  of  an ongoing pattern of criminal activity from which such person
  derived substantial income or resources and in which such person  played
  a leadership role.