a stimulant and the stimulant weighs five [5] grams or more. lysergic acid diethylamide and the lysergic acid diethylamide weighs five [5] milligrams or more. a hallucinogen and the hallucinogen weighs one hundred twenty-five [125] milligrams or more. a hallucinogenic substance and the hallucinogenic substance weighs five [5] grams or more. phencyclidine and the phencyclidine weighs one thousand two hundred fifty [1,250] milligrams or more. The following terms used in that definition have a special meaning: [The term STIMULANT (or HALLUCINOGEN) (or HALLUCINOGENIC SUBSTANCE) includes .1] (specify) POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.2 A person KNOWINGLY possesses when that (specify) person is aware that he or she is in possession of .3 (specify) A person UNLAWFULLY possesses when that (specify) Penal Law §§ 220.00(11) (stimulant); 220.00(9) (hallucinogen); 1See 220.00(10) (hallucinogenic substance). Penal Law § 10.00(8). Where constructive possession is 2See alleged, or where the People rely on a statutory presumption of possession, insert the appropriate instruction from the "Additional Charges" section at the end of this article. Penal Law § 15.05(2). An expanded definition of is “knowingly” 3See available in the General Charges section under Culpable Mental States.
a stimulant and the stimulant weighs five [5] grams or more. lysergic acid diethylamide and the lysergic acid diethylamide weighs five [5] milligrams or more. a hallucinogen and the hallucinogen weighs one hundred twenty-five [125] milligrams or more. a hallucinogenic substance and the hallucinogenic substance weighs five [5] grams or more. phencyclidine and the phencyclidine weighs one thousand two hundred fifty [1,250] milligrams or more. The following terms used in that definition have a special meaning: [The term STIMULANT (or HALLUCINOGEN) (or HALLUCINOGENIC SUBSTANCE) includes (specify) .1] POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.2 A person KNOWINGLY possesses (specify) when that person is aware that he or she is in possession of (specify) .3 A person UNLAWFULLY possesses (specify) when that 1See Penal Law §§ 220.00(11) (stimulant); 220.00(9) (hallucinogen); 220.00(10) (hallucinogenic substance). 2See Penal Law § 10.00(8). Where constructive possession is alleged, or where the People rely on a statutory presumption of possession, insert the appropriate instruction from the "Additional Charges" section at the end of this article. 3See Penal Law § 15.05(2). An expanded definition of “knowingly” is available in the General Charges section under Culpable Mental States.