A person is guilty of criminal diversion of medical marihuana in the first degree when he or she is a practitioner, as that term is defined in subdivision twelve of section thirty-three hundred sixty of the public health law, who issues a certification with knowledge of reasonable grounds to know that (i) the recipient has no medical need for it, or (ii) it is for a purpose other than to treat a serious condition as defined in subdivision seven of section thirty-three hundred sixty of the public health law.
Criminal diversion of medical marihuana in the first degree is a class E felony.
* NB Repealed July 5, 2021