Section 3302. Definitions of terms of general use in this article

Except
  where  different  meanings  are  expressly   specified   in   subsequent
  provisions  of  this  article,  the  following  terms have the following
  meanings:
    1. "Addict" means a person who habitually uses a controlled  substance
  for  a  non-legitimate or unlawful use, and who by reason of such use is
  dependent thereon.
    2.  "Administer"  means  the  direct  application  of   a   controlled
  substance,  whether  by  injection,  inhalation, ingestion, or any other
  means, to the body of a patient or research subject.
    3. "Agent" means an authorized person who acts on behalf of or at  the
  direction of a manufacturer, distributor, or dispenser. No person may be
  authorized  to  so  act  if  under  title VIII of the education law such
  person would not be permitted to engage in such  conduct.  It  does  not
  include  a  common or contract carrier, public warehouseman, or employee
  of the carrier or warehouseman when  acting  in  the  usual  and  lawful
  course of the carrier's or warehouseman's business.
    4. "Concentrated Cannabis" means
    (a)  the  separated  resin, whether crude or purified, obtained from a
  plant of the genus Cannabis; or
    (b) a material, preparation,  mixture,  compound  or  other  substance
  which  contains  more than two and one-half percent by weight of delta-9
  tetrahydrocannabinol, or  its  isomer,  delta-8  dibenzopyran  numbering
  system,  or  delta-1  tetrahydrocannabinol  or  its  isomer, delta 1 (6)
  monoterpene numbering system.
    5. "Controlled substance" means a substance or  substances  listed  in
  section thirty-three hundred six of this chapter.
    6.  "Commissioner"  means  commissioner  of health of the state of New
  York.
    7. "Deliver" or "delivery" means the actual, constructive or attempted
  transfer from one person to another of a controlled  substance,  whether
  or not there is an agency relationship.
    8.  "Department"  means  the  department of health of the state of New
  York.
    9. "Dispense" means to deliver a controlled substance to  an  ultimate
  user  or  research  subject  by lawful means and includes the packaging,
  labeling, or compounding necessary to prepare  the  substance  for  such
  delivery.
    10. "Distribute" means to deliver a controlled substance other than by
  administering or dispensing.
    11.   "Distributor"  means  a  person  who  distributes  a  controlled
  substance.
    12. "Diversion" means manufacture, possession, delivery or  use  of  a
  controlled  substance  by  a  person  or  in  a  manner not specifically
  authorized by law.
    13. "Drug" means
    (a) substances recognized as  drugs  in  the  official  United  States
  Pharmacopoeia,  official Homeopathic Pharmacopoeia of the United States,
  or official National Formulary, or any supplement to any of them;
    (b) substances intended for use in the  diagnosis,  cure,  mitigation,
  treatment, or prevention of disease in man or animals; and
    (c) substances (other than food) intended to affect the structure or a
  function  of  the  body of man or animal. It does not include devices or
  their components, parts, or accessories.
    14. "Federal agency" means the Drug Enforcement Administration, United
  States Department of Justice, or its successor agency.
    15. "Federal controlled substances act" means the  Comprehensive  Drug
  Abuse Prevention and Control Act of 1970, Public Law 91-513, and any act

  or  acts  amendatory  or supplemental thereto or regulations promulgated
  thereunder.
    16.  "Federal  registration  number" means such number assigned by the
  Federal agency to any  person  authorized  to  manufacture,  distribute,
  sell, dispense or administer controlled substances.
    17.  "Habitual user" means any person who is, or by reason of repeated
  use of any controlled substance for non-legitimate or unlawful use is in
  danger of becoming, dependent upon such substance.
    18. "Institutional dispenser" means a hospital,  veterinary  hospital,
  clinic,  dispensary,  maternity  home,  nursing home, mental hospital or
  similar facility approved and certified by the department as  authorized
  to  obtain  controlled  substances  by  distribution and to dispense and
  administer such substances pursuant to the order of a practitioner.
    19. "License" means a written authorization issued by  the  department
  or  the  New  York  state  department of education permitting persons to
  engage in a specified activity with respect to controlled substances.
    20. "Manufacture"  means  the  production,  preparation,  propagation,
  compounding,  cultivation,  conversion  or  processing  of  a controlled
  substance,  either  directly  or  indirectly  or  by   extraction   from
  substances  of  natural  origin,  or  independently by means of chemical
  synthesis, or by a combination of extraction and chemical synthesis, and
  includes any packaging or repackaging of the substance  or  labeling  or
  relabeling  of its container, except that this term does not include the
  preparation,  compounding,  packaging  or  labeling  of   a   controlled
  substance:
    (a)  by  a  practitioner  as  an  incident  to  his  administering  or
  dispensing of a controlled substance in the course of  his  professional
  practice; or
    (b)   by  a  practitioner,  or  by  his  authorized  agent  under  his
  supervision, for the  purpose  of,  or  as  an  incident  to,  research,
  teaching, or chemical analysis and not for sale; or
    (c)  by  a pharmacist as an incident to his dispensing of a controlled
  substance in the course of his professional practice.
    21. "Marihuana" means all parts of the plant of  the  genus  Cannabis,
  whether  growing or not; the seeds thereof; the resin extracted from any
  part of the plant; and every compound,  manufacture,  salt,  derivative,
  mixture,  or  preparation  of the plant, its seeds or resin. It does not
  include the mature stalks of the plant, fiber produced from the  stalks,
  oil  or  cake  made  from  the  seeds  of the plant, any other compound,
  manufacture, salt, derivative, mixture, or  preparation  of  the  mature
  stalks  (except  the resin extracted therefrom), fiber, oil, or cake, or
  the sterilized seed of the plant which is incapable of germination.
    22. "Narcotic drug" means  any  of  the  following,  whether  produced
  directly  or  indirectly  by  extraction  from  substances  of vegetable
  origin, or independently  by  means  of  chemical  synthesis,  or  by  a
  combination of extraction and chemical synthesis:
    (a)   opium  and  opiate,  and  any  salt,  compound,  derivative,  or
  preparation of opium or opiate;
    (b) any salt, compound, isomer,  derivative,  or  preparation  thereof
  which  is  chemically equivalent or identical with any of the substances
  referred to in subdivision  (a),  but  not  including  the  isoquinoline
  alkaloids of opium;
    (c) opium poppy and poppy straw.
    23.  "Opiate"  means  any  substance  having  an  addiction-forming or
  addiction-sustaining liability similar to morphine or being  capable  of
  conversion  into a drug having addiction-forming or addiction-sustaining
  liability. It  does  not  include,  unless  specifically  designated  as
  controlled under section 3306 of this article, the dextrorotatory isomer

  of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does
  include its racemic and levorotatory forms.
    24.  "Opium  poppy"  means the plant of the species Papaver somniferum
  L., except its seeds.
    25. "Person" means individual, institution, corporation, government or
  governmental subdivision  or  agency,  business  trust,  estate,  trust,
  partnership or association, or any other legal entity.
    26.  "Pharmacist" means any person licensed by the state department of
  education to practice pharmacy.
    27. "Pharmacy" means any place registered as  such  by  the  New  York
  state  board of pharmacy and registered with the Federal agency pursuant
  to the federal controlled substances act.
    28. "Poppy straw" means all parts, except  the  seeds,  of  the  opium
  poppy, after mowing.
    29. "Practitioner" means:
    A    physician,    dentist,   podiatrist,   veterinarian,   scientific
  investigator, or  other  person  licensed,  or  otherwise  permitted  to
  dispense,  administer  or  conduct research with respect to a controlled
  substance in the course of a licensed professional practice or  research
  licensed  pursuant  to  this  article.  Such  person  shall  be deemed a
  "practitioner" only as to such substances, or conduct relating  to  such
  substances,  as  is  permitted  by  his  license,  permit  or  otherwise
  permitted by law.
    30. "Prescribe" means a direction or authorization,  by  prescription,
  permitting  an  ultimate  user  lawfully to obtain controlled substances
  from any person authorized by law to dispense such substances.
    31. "Prescription" shall mean an official New York state prescription,
  an  electronic  prescription,  an  oral  prescription,  an  out-of-state
  prescription, or any one.
    32.  "Sell" means to sell, exchange, give or dispose of to another, or
  offer or agree to do the same.
    33. "Ultimate user" means a person who lawfully obtains and  possesses
  a  controlled  substance  for  his own use or the use by a member of his
  household or for an animal owned by him or in his custody. It shall also
  mean  and  include  a  person  designated,  by  a  practitioner   on   a
  prescription, to obtain such substance on behalf of the patient for whom
  such substance is intended.