§ 240.36 Loitering in the first degree. A person is guilty of loitering in the first degree when he loiters or  remains  in  any  place  with  one  or  more  persons for the purpose of  unlawfully using or possessing a controlled  substance,  as  defined  in  section 220.00 of this chapter. Loitering in the first degree is a class B misdemeanor.