A directly related crime is significant. Whenever any person who has not previously been convicted in this state or any other state for violations of laws relating to marijuana or other non-narcotic drugs (narcotic drugs are found in Schedule I (b) and (c) of 44-53-190 and Schedule II, 44-53-230) pleads guilty to or is found guilty of possession of a controlled substance (see 44-53-370), the court, without entering a . The following additional crimes that have been deemed to be directly related to the practice of occupational therapy: Professional Licensee Employing a Victim of Human Trafficking, Medicare/Medicaid Fraud and Other Prohibited Acts, Unlicensed Practice and Other Misdemeanor Violations of the Occupational Therapy Practice Act. 355). dollars ($15,000), or both. (D)A noncontrolled substance that was initially introduced into commerce prior to The board determines how long each restricted license is good for (between 1 and 2 years), and can place certain conditions on the restricted license. distributes a controlled substance not authorized by his registration to another registrant Manufacture, delivery or possession with intent to manufacture or deliver, a controlled substance by a person not registered. For purposes of this section, no new drug shall be introduced or delivered for introduction (o)Any person who violates subsection (a)(12), (14) or (30) with respect to 3,4-methylenedioxyamphetamine (34)The placing in any newspaper, magazine, handbill or other publication or by written The following additional crimes that have been deemed to be directly related to the practice of dentistry, dental hygiene or expanded function dental assisting: Professional Licensee Employing a Victim of Human Trafficking, Unlawful use of Computer and Other Computer Crimes, Unlawful Acts Under Section 10 of the Dental Law, Unlawful Acts Under Section 8 of the Pharmacy Law. substance is a controlled substance. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. 152.021. When the defendant possessed the controlled substance, (he/she) intended (to sell it/ [or] that someone else sell it); (38)The unlawful manufacture of methamphetamine or phencyclidine or their salts, of this act under this section has become final, such person shall be sentenced to 725 W Skippack Pike #337 Blue Bell, PA 19422, Analyzing Pennsylvanias Child Custody Factors, A Quick Understanding of Pennsylvania Child Custody Laws, All You Need To Know About DUI In Pennsylvania, Pennsylvania Commercial Debt Collection Laws Explained, Overview of Divorce Mediation in Pennsylvania. Possession with intent to distribute (PWID) This is a very serious felony charge that means what it says. The board will utilize the Assessment Factors, above, to make that determination. A charge of "simple possession" under Pennsylvania law assumes that the drug(s) possessed were intended for personal use. With the intent to obtain a controlled substance or combination of controlled substances that are not medically necessary for the person or an amount of a controlled substance or substances that is not medically necessary for the person, obtain or attempt to obtain from a practitioner a controlled substance or a prescription for a controlled is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment If you are applying for a license or seeking a preliminary determination, you do not need to disclose any juvenile adjudications. hydroxybutyric acid, including any isomers, esters and ethers and salts of isomers, (3)A controlled substance or counterfeit substance classified in Schedule IV, is The individual has remained conviction-free during the applicable 3-year period. guilty of a misdemeanor of the second degree and upon conviction thereof shall be b. obtained from the illegal activity. It typically involves smaller quantities of drugs. Even if you did disclose juvenile adjudications (for example, by mistake, inadvertently, etc. The possession by any person, other than a registrant, of more than thirty doses labeled as a dispensed prescription or more than three trade packages of any anabolic steroids, Provider prohibited acts (relating to Medical Assistance Fraud and Abuse), Unlicensed practice of Chiropractic and other violations of the Chiropractic Practice Act, Offenses related to Workers Compensation Fraud, False Statements Relating to Health Care Matters. of objects designed or intended for use as drug paraphernalia. to be kept or filed under this act, or any record required to be kept by this act. Some examples of a controlled substance include heroin, cocaine, PCP, and methamphetamine. (21)The refusal or failure to make, keep or furnish any record, notification, order Any offense equivalent to any of the offenses listed above under the laws of this Commonwealth in effect at the time of the commission of that offense or under the laws of another jurisdiction. (9)Making, selling, disposing of or causing to be made, sold, or disposed of, or At that point, the burden is then on you to refute that presumption, by presenting evidence of rehabilitation using the Assessment Factors (see below). crime of possession of precursors with the intent to manufacture methamphetamine. Additional penalties will apply if the offender is convicted of delivering such paraphernalia to a minor, as described above. trademark, trade name or other identifying mark, imprint or symbol of another or any 1. Lack of Possession In order to be convicted under any of the above possession charges, there must be evidence that an individual possessed the drugs or paraphernalia. OFFENSES AND PENALTIES. storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing (MDA); 3, 4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3, 4-methylenedioxyamphetamine FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. or to pay a fine not exceeding one hundred thousand dollars ($100,000), or both, or and except for clauses (4), (6), (7), (8), (9) and (19) shall, on conviction thereof, 21a-278 (a) and (b) 8.3-3 Illegal Distribution of a Controlled Substance to a Minor -- Sec. The Ninth Circuit Court of Appeals has recognized that "California law regulates the possession and sale of numerous substances that are not similarly regulated by the CSA [Controlled Substances Act]." Ruiz-Vidal v. Gonzales, 473 F.3d 1072, 1078 (9th Cir. (ii) within the scope of the patient relationship; (iii) in accordance with treatment years in prison and a fine of not more than twenty-five thousand dollars ($25,000), sell a noncontrolled substance upon the express or implied representation that the The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license or certificate issued by the State Board of Accountancy: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Architects Licensure Board: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Auctioneer Examiners: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Barber Examiners: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Certified Real Estate Appraisers: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Chiropractic: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Cosmetology: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Crane Operators: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Dentistry: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Registration Board for Professional Engineers, Land Surveyors and Geologists: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Funeral Directors: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Landscape Architects: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Massage Therapists: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Medicine: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Nursing: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Examiners of Nursing Home Administrators: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Occupational Therapy Education and Licensure: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Optometry: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Osteopathic Medicine: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Pharmacy: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Physical Therapy: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Podiatry: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Psychology: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Real Estate Commission: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Examiners in Speech-Language Pathology and Audiology: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Vehicle Manufacturers, Dealers and Salespersons: The following schedule of offenses may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Veterinary Medicine: Keystone State. There are two types of possession that can be defended against: a. When you are found in possession of controlled drugs or substances, you are likely to face criminal charges. If a crime is listed as directly related to a particular profession or occupation, that does not mean an individual with a conviction for that crime would automatically be denied a license. Possession of a Controlled Substance (35 P.S. or both. name of the patient and the directions for the use of the drug by the patient. to licensed medical practitioners for use as placebos in the course of professional 893.13 Prohibited acts; penalties.. under the Pharmacy Act, Acquiring or obtaining possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, Selling, dispensing, distributing, prescribing or gifting controlled substance to a person known to be drug dependent, Administering, dispensing, delivering, gifting a controlled substance by practitioner not in good faith, outside scope of patient relationship or not in accordance with treatment principles. stone, or other thing designed to print, imprint, or reproduce the trademark, trade licensed by law to prescribe such drug and unless compounded or dispensed by a registered Marijuana possession is a felony in California when: The defendant is at least 18 years old, and sells or delivers marijuana to a minor aged 14 to 17. Unique Issues Anyone who is convicted of delivering drug paraphernalia to a minor (under the age of 18) who is at least three years younger than the alleged offender can be convicted of an additional misdemeanor of the second degree, which is separately punishable by a fine up to $5,000, imprisonment of up to two years, or both. You should speak with an experienced local attorney about the charges because if convicted of this charge, your license will be suspended for 6 months and the conviction will be on your record likely for the rest of your life. (3)The dissemination or publication of any false or materially misleading advertisement. of the public health and safety. Prohibited acts - Schedule II; penalties A. and salts of its optical isomers; methamphetamine, its salts, isomers and salts of 7031 Koll Center Pkwy, Pleasanton, CA 94566. any of the foregoing upon any drug or container or labeling thereof so as to render The board could still grant a license notwithstanding the conviction. The following additional crimes that have been deemed to be directly related to the practice of funeral directing: Deceptive or Fraudulent Business Practice, Unlawful Advertising of Insurance Business, Furnishing Free Insurance as Inducement for Purchases. Nothing on this site should be taken as legal advice for any individual case or situation. dollars ($250,000), or both, or such larger amount as is sufficient to exhaust the and a dispensing record showing the date, name, and quantity of the drug dispensed The intentional purchase or knowing receipt in commerce by any person of any controlled substance, other drug or device from any person not authorized by law to sell, distribute, dispense or otherwise deal in such controlled substance, other drug or device. CRIMINAL LAW Code Ann. by the appropriate State board, unless the substance was obtained directly from, or or depressant effect on humans, other than a prescription drug, which, or the label The following additional crimes that have been deemed to be directly related to the practice of those professions regulated by the State Board of Medicine: Interfere with Custody of Committed Person, Professional Licensee - Employing Victims of Human Trafficking, Intimidation/Retaliation/Obstruction in Child Abuse Case, Failure to Report or Refer Suspected Child Abuse, Willful Failure to Cooperate in Investigation of Child Abuse, All Prohibited Acts Under the Controlled Substance, Drug, Device and Cosmetic Act, Medicare/Medicaid Fraud and Other Provider Prohibited Acts, Unlicensed Practice and Other Violations of the Medical Practice Act. shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not assets utilized in and the profits obtained from the illegal activity. 32E Trafficking in marihuana, cocaine, heroin, morphine, opium, etc. a container which, or the labeling of which, bears markings or printed material substantially or cosmetic or container thereof. (4)A controlled substance or counterfeit substance classified in Schedule V, is guilty The use of, or possession with intent to use, drug paraphernalia in violation of this act. or create a substantial risk of further criminal conduct/convictions. 2 which is a narcotic drug, is guilty of a felony and upon conviction thereof shall The following additional crimes that have been deemed to be directly related to the practice of speech-language pathology and audiology: Theft of Failure to Make Required Disposition of Funds, Misdemeanor Violations of the Speech-Language Pathologists and Audiologists Licensure Act. Possession of a Controlled Substance. For purposes of this subsection, thirty (30) grams of marihuana or eight (8) grams 16. Some boards have restrictions on granting licenses to individuals who have been convicted of one of the drug trafficking offenses provided at Appendix C. If you have been convicted of a drug trafficking offense, these boards may only grant you a license if: SCHEDULES OF CRIMINAL OFFENSES/CONVICTIONS THAT MAY BE GROUNDS FOR GRANTING, DENYING, SUSPENDING OR REVOKING A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT, Crimes that appear in APPENDIX A are sexual offenses. Possession of a controlled substance isn't necessarily a crime. Contact us. years or to pay a fine not exceeding five thousand dollars ($5,000), or both; but, "Imitation controlled substance" means a substance which is not a controlled substance but which by color, shape, size, markings, and other aspects of dosage unit appearance, and packaging or other factors, appears to be or resembles a controlled substance. 961.39 Limitations on optometrists. controlled substance. (2)The adulteration or misbranding of any controlled substance, other drug, device 967. Minn. Stat. This determination is typically based on the physical weight of the drugs involved, whether the drugs were packaged, and whether there was a large amount of cash found with the drugs, as well as other additional factors. Whether you can show evidence of progress in personal rehabilitation since your conviction. any other provision of this act or other statute to the contrary. act. Possession of a drug or another illegal controlled substance occurs only when a defendant is knowingly in possession of the substance. For example, the possession of a couple of packets of crack cocaine or . The following additional crimes that have been deemed to be directly related to the practice of real estate: Conduct Relating to Sex Offenders Violations of Probation/Parole, Deception relating to Certification of Minority Business Enterprise or Womens Business Enterprise, Failure to Comply with Sex Offender Registration Requirements. (for those who were incarcerated) at least three years have passed since your release and you have remained conviction-free during that three-year period, or. two hundred fifty thousand dollars ($250,000), or both or such larger amount as is The board will determine whether your criminal conviction is directly related to the profession or occupation for which you are seeking a license. a person licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the . At least 10 years have elapsed from the date of the conviction. of coca leaves, which extracts do not contain cocaine or ecgonine; and marihuana Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. or misbranded. Depending on the facts of the case, an attorney may argue that he or she was not aware that the drugs were in their possession or that it was not intentional. The defendant possesses more than an ounce (28.5 grams). This new tool will enable people with criminal convictions to find out if their convictions would prevent them from getting a license , If you have a criminal conviction in your past and are concerned about whether it could prevent you from getting a license, certificate, registration or permit for a particular occupation or profession, your first step should be to review this. likeness of any of the foregoing upon any controlled substance, other drug, device similar to that accompanying or containing a specific controlled substance. to a minor or knowingly possess with intent to sell, deliver, distribute, display for sale, or . The burden is on the board to establish that granting you a license would pose substantial health/safety risks or further convictions. 21a-278a (a) should know, that it would be used to plant, propagate, cultivate, grow, harvest, To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. This situation, called "constructive possession," is for when drugs are found in or on someone's property, and that person had 1) knowledge of the presence of the drugs, and 2) ability to control the drugs. The following Prohibited Acts under the Controlled Substance, Drug, Device and Cosmetic Act: The improper administration, dispensing, delivery, gift or prescription of any controlled substance by any practitioner or professional assistant under the practitioner's direction and supervision. Whether the criminal conduct for which you were convicted involved an act or threat of harm against you.