New York § 12-102 - 12-102Definitions

§ 12-102. 12-102Definitions

§ 12-102. Definitions. As used in this article: 1. "Illegal drug" means any controlled substance 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. 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. 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. 7. "Grade four violation" means possession of sixteen ounces or more or distribution of four ounces or more of a specified illegal drug. 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 who, in connection with the criminal conduct for which he or she stands convicted, possessed, distributed, sold or conspired to sell a controlled substance 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.