State Codes and Statutes

Statutes > New-york > Pbh > Article-33 > Title-1 > 3302

§  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, including by means of the  internet, and includes the packaging, labeling, or compounding necessary  to prepare the substance for such delivery.    10. "Distribute" means to deliver a controlled substance, including by  means of the internet, 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 actor 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 isomerof 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.    34.  "Internet"  means  collectively  computer  and telecommunications  facilities which comprise the worldwide network of networks that  employ  a  set  of  industry  standards  and  protocols,  or  any predecessor or  successor protocol to such protocol,  to  exchange  information  of  all  kinds.  "Internet,"  as  used  in  this  article,  also  includes  other  networks, whether private or public, used  to  transmit  information  by  electronic means.    35. "By means of the internet" means any sale, delivery, distribution,  or  dispensing  of  a  controlled  substance  that uses the internet, is  initiated by use of the internet or causes the internet to be used.    36. "Online dispenser" means a practitioner, pharmacy,  or  person  in  the  United States that sells, delivers or dispenses, or offers to sell,  deliver, or dispense, a controlled substance by means of the internet.    37. "Electronic prescription" means  a  prescription  issued  with  an  electronic  signature  and transmitted by electronic means in accordance  with regulations of the commissioner and the commissioner  of  education  and consistent with federal requirements. A prescription generated on an  electronic  system  that  is printed out or transmitted via facsimile is  not considered an electronic prescription and must be manually signed.38. "Electronic" means of or relating to technology having electrical,  digital,  magnetic,  wireless,  optical,  electromagnetic   or   similar  capabilities. "Electronic" shall not include facsimile.    39.  "Electronic  record"  means  a  paperless record that is created,  generated, transmitted, communicated, received or  stored  by  means  of  electronic  equipment  and includes the preservation, retrieval, use and  disposition in accordance with regulations of the commissioner  and  the  commissioner  of  education  and  in  compliance  with  federal  law and  regulations.    40. "Electronic signature"  means  an  electronic  sound,  symbol,  or  process,  attached  to or logically associated with an electronic record  and executed or adopted by a person with the intent to sign the  record,  in  accordance with regulations of the commissioner and the commissioner  of education.

State Codes and Statutes

Statutes > New-york > Pbh > Article-33 > Title-1 > 3302

§  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, including by means of the  internet, and includes the packaging, labeling, or compounding necessary  to prepare the substance for such delivery.    10. "Distribute" means to deliver a controlled substance, including by  means of the internet, 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 actor 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 isomerof 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.    34.  "Internet"  means  collectively  computer  and telecommunications  facilities which comprise the worldwide network of networks that  employ  a  set  of  industry  standards  and  protocols,  or  any predecessor or  successor protocol to such protocol,  to  exchange  information  of  all  kinds.  "Internet,"  as  used  in  this  article,  also  includes  other  networks, whether private or public, used  to  transmit  information  by  electronic means.    35. "By means of the internet" means any sale, delivery, distribution,  or  dispensing  of  a  controlled  substance  that uses the internet, is  initiated by use of the internet or causes the internet to be used.    36. "Online dispenser" means a practitioner, pharmacy,  or  person  in  the  United States that sells, delivers or dispenses, or offers to sell,  deliver, or dispense, a controlled substance by means of the internet.    37. "Electronic prescription" means  a  prescription  issued  with  an  electronic  signature  and transmitted by electronic means in accordance  with regulations of the commissioner and the commissioner  of  education  and consistent with federal requirements. A prescription generated on an  electronic  system  that  is printed out or transmitted via facsimile is  not considered an electronic prescription and must be manually signed.38. "Electronic" means of or relating to technology having electrical,  digital,  magnetic,  wireless,  optical,  electromagnetic   or   similar  capabilities. "Electronic" shall not include facsimile.    39.  "Electronic  record"  means  a  paperless record that is created,  generated, transmitted, communicated, received or  stored  by  means  of  electronic  equipment  and includes the preservation, retrieval, use and  disposition in accordance with regulations of the commissioner  and  the  commissioner  of  education  and  in  compliance  with  federal  law and  regulations.    40. "Electronic signature"  means  an  electronic  sound,  symbol,  or  process,  attached  to or logically associated with an electronic record  and executed or adopted by a person with the intent to sign the  record,  in  accordance with regulations of the commissioner and the commissioner  of education.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbh > Article-33 > Title-1 > 3302

§  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, including by means of the  internet, and includes the packaging, labeling, or compounding necessary  to prepare the substance for such delivery.    10. "Distribute" means to deliver a controlled substance, including by  means of the internet, 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 actor 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 isomerof 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.    34.  "Internet"  means  collectively  computer  and telecommunications  facilities which comprise the worldwide network of networks that  employ  a  set  of  industry  standards  and  protocols,  or  any predecessor or  successor protocol to such protocol,  to  exchange  information  of  all  kinds.  "Internet,"  as  used  in  this  article,  also  includes  other  networks, whether private or public, used  to  transmit  information  by  electronic means.    35. "By means of the internet" means any sale, delivery, distribution,  or  dispensing  of  a  controlled  substance  that uses the internet, is  initiated by use of the internet or causes the internet to be used.    36. "Online dispenser" means a practitioner, pharmacy,  or  person  in  the  United States that sells, delivers or dispenses, or offers to sell,  deliver, or dispense, a controlled substance by means of the internet.    37. "Electronic prescription" means  a  prescription  issued  with  an  electronic  signature  and transmitted by electronic means in accordance  with regulations of the commissioner and the commissioner  of  education  and consistent with federal requirements. A prescription generated on an  electronic  system  that  is printed out or transmitted via facsimile is  not considered an electronic prescription and must be manually signed.38. "Electronic" means of or relating to technology having electrical,  digital,  magnetic,  wireless,  optical,  electromagnetic   or   similar  capabilities. "Electronic" shall not include facsimile.    39.  "Electronic  record"  means  a  paperless record that is created,  generated, transmitted, communicated, received or  stored  by  means  of  electronic  equipment  and includes the preservation, retrieval, use and  disposition in accordance with regulations of the commissioner  and  the  commissioner  of  education  and  in  compliance  with  federal  law and  regulations.    40. "Electronic signature"  means  an  electronic  sound,  symbol,  or  process,  attached  to or logically associated with an electronic record  and executed or adopted by a person with the intent to sign the  record,  in  accordance with regulations of the commissioner and the commissioner  of education.