§ 3396 — Violations; penalties

New York § 3396

• Jurisdiction: New York
• Law PBH: Public Health
• Title 7: Offenses, Violations and Enforcement
• Art. 33: Controlled Substances

Text

§ 3396. Violations; penalties. 1. In any civil, criminal or\nadministrative action or proceeding brought for the enforcement of any\nprovision of this article, it shall not be necessary to negate or\ndisprove any exception, excuse, proviso or exemption contained in this\narticle, and the burden of proof of any such exception, excuse, proviso,\nor exemption shall be upon the person claiming its benefit.\n 2. Violation of any provision of this article for which a penalty is\nspecifically provided herein shall be punishable as provided herein.\nViolation of any provision of this article for which no penalty is\nprovided herein shall be punishable as provided in section twelve-b of\narticle one of this chapter or in the penal law.\n 3. No person shall be prosecuted for a violation of any provision of\nthis article if such person has been acquitted or convicted under the\nfederal controlled substances act, of the same act or omission which, it\nis alleged, constitutes a violation of this article.\n 4. Upon the conviction of any person for violating any provision of\nthis article, a copy of the judgment and sentence, and of the opinion of\nthe court or judge, if any opinion be filed, shall be sent by the clerk\nof the court, or by the judge, to the board or officer, if any, by whom\nthe convicted defendant has been licensed or registered to practice his\nprofession, or to carry on his business.\n 5. Upon the imposition of any penalty, warning, reprimand or other\nsanction against any person for violating any provision of this article,\na copy of the order, finding or opinion, if any is made or rendered,\nshall be sent by the person authorized by law to make such\ndetermination, to the board or officer by whom the respondent is\nlicensed or registered to practice a profession or to carry on a\nbusiness.\n