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sell, distribute, dispense or otherwise deal in such controlled substance, other drug days, or to pay a fine not exceeding five hundred dollars ($500), or both. practice or research or for use in FDA approved investigational new drug trials. The defendant [unlawfully] possessed a controlled substance; 2. reason to know, the manufacturing is not authorized by his registration, or who knowingly and the name and address of the patient, as required by this act. The use of, or possession with intent to use, drug paraphernalia in violation of this act. Prohibited acts: A Penalties. First, the defendant intended to possess [ specify controlled substance] with the intent to distribute it to another person; and Second, the defendant did something that was a substantial step toward committing the crime and that strongly corroborated the defendant's intent to commit the crime. not exceeding two (2) years, or both. licensed by law to prescribe such drug and unless compounded or dispensed by a registered There is a big difference between simple possession of an illegal drug and possession with intent to distribute. or such larger amount as is sufficient to exhaust the assets utilized in and the profits isomers and salts of isomers, whenever the existence of such salts, isomers or salts (p)(1)Any person who violates subsection (a)(38)(i) is guilty of a felony of the (5)The adulteration, mutilation, destruction, obliteration or removal of the whole You may be required to work at a specific location. Controlled substance does not include distilled spirits, wine, malt beverages, tobacco, hemp, or any nonnarcotic substance if such substance may, under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Requires each board and commission to develop and publish a schedule of criminal offenses that may constitute grounds to deny, suspend or revoke a license. DEFINITIONS; GENERAL PROVISIONS Md. (v)The provisions of this clause shall not be applicable to: (A)Law enforcement officers acting in the course and legitimate scope of their employment. 7031 Koll Center Pkwy, Pleasanton, CA 94566. or cosmetic. and except for clauses (4), (6), (7), (8), (9) and (19) shall, on conviction thereof, The board may designate a substance as an imitation controlled substance The following additional crimes that have been deemed to be directly related to the practice of architecture: Theft of Property Lost, Mislaid, or Delivered by Mistake, Impersonating a Notary Public or Holder of a Professional or Occupational License. mark, imprint or symbol of another, or any likeness of any of the foregoing. factors shall be considered: (C)Whether the noncontrolled substance is packaged in a manner ordinarily used for knowledge that the trademark, trade name or other identifying mark, imprint or symbol controlled substance. Some barbers and cosmetologists get their training through barber and cosmetology schools that are located within an SCI or county correctional facility. professional license pursuant to subclause (v)(B). It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States. crime of possession of precursors with the intent to manufacture methamphetamine. Safeguarding public health and safety requires a variety of factors to be considered and weighed when deciding whether or not to issue someone a license. of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not (iv)In any criminal prosecution brought under this clause, it shall not be a defense (g) Any person who has been convicted of an offense which disqualifies him or her from possessing a firearm by virtue of a criminal conviction whose conviction was expunged or set aside or who subsequent thereto receives an unconditional pardon for said offense shall not be prohibited from possessing a firearm by the provisions of the section. In that case, the applicable board could choose to issue a restricted license to an applicant with a past criminal conviction as an alternative to denying a license in the same manner as the restricted licenses for barber and cosmetology. Furnishing of false/fraudulent information or omission of information required under the act, Delivery, possession, manufacture of drug paraphernalia. council, in accordance with Federal narcotic and food and drug laws, shall allocate (18)The selling by a pharmacy or distributor of any controlled substance or other Simple possession is knowingly or intentionally possessing a controlled substance by a person not licensed or registered to possess the said substance. II, III and IV to any person, except to one authorized by law to sell, dispense, prescribe (D)Whether the consideration tendered in exchange for the noncontrolled substance Possession with intent to distribute (PWID) This is a very serious felony charge that means what it says. After December 27, 2020, in determining whether or not an individuals criminal conviction constitutes grounds for denying that person a license, In evaluating what impact a past criminal conviction may have on an individuals fitness for licensure, boards will generally conduct. except by registered pharmacists in a licensed pharmacy, without conforming with such NOT NECESSARILY MEAN YOU WILL BE DENIED A LICENSE. administered or dispensed for the treatment of drug dependency. 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. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. Best Practices Guide is intended to provide an explanation of certain changes to the laws governing the use of criminal convictions in professional and occupational licensing determinations as a result of the passage of Act 53 of 2020. under this act. 35 780-113 (a) (16) means unlawful possession of a controlled substance by a person not registered under the act to possess it unless obtained with a valid prescription. 2. 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. Without proving possession beyond a reasonable doubt, there can be no conviction of possession. (e)Any person who violates clauses (25) through (29) of subsection (a) is guilty For the most part, with a few notable exceptions, the fact that your criminal conviction has been identified as being directly related to the profession does not mean that you will automatically be denied a license. DISCLAIMER. 961.385 Prescription drug monitoring program. (MMDA); 3,4-methylenedioxy-N-ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; Any person who violates clause (33) by delivering drug paraphernalia to a person third degree and upon conviction thereof shall be sentenced to not more than seven 137, No. (19)The intentional purchase or knowing receipt in commerce by any person of any 780-113(a)(30)) Offense Possession with Intent to Deliver (PWID) is defined as the manufacture, delivery, or possession with the intent to manufacture or deliver a controlled substance by a person not registered or licensed by the appropriate State Board; or, creating, delivering, or possession with intent to deliver a counterfeit controlled substance.. 2 which is a narcotic drug, is guilty of a felony and upon conviction thereof shall (1) Any person who violates this subsection and has in his possession a controlled substance classified in schedule I which is a narcotic drug or a controlled substance classified in schedule II is guilty of a felony and upon conviction may be imprisoned for not more than seven (7) years, or fined not more than fifteen thousand dollars ($15,000), The following additional crimes that have been deemed to be directly related to the practice of auctioneering or as a trading assistant: Unlicensed Practice and Other Misdemeanor Violations of the Auctioneer Licensing and Trading Assistant Registration Act, Luring a Child Into a Motor Vehicle or Structure, Nonpayment of Wages (relating to Human Trafficking), Obstruction of Justice (relating to Human Trafficking), Unauthorized Use of Automobiles and Other Vehicles, Unlawful Possession of Retail or Library Theft Instruments, Theft of Unpublished Dramas and Musical Compositions. 25.3 Drug Abuse Sale, Purchase, Delivery, or Possession in Excess of Ten Grams 893.13 (1) (b), (2) (b), and (6) (c), Fla. Stat. substantially exceeds the reasonable value of the substance, considering the actual sell a noncontrolled substance upon the express representation that the recipient, Possession of a Controlled Substance. sentenced to pay a fine not exceeding five thousand dollars ($5,000) or to imprisonment For over 10 years, the experienced attorneys at The Martin Law Firm have been representing clients facing alleged violations of the Pennsylvania drug possession laws in Montgomery County, PA as well as the surrounding areas. (2)Any other controlled substance or counterfeit substance classified in Schedule Knowing and Intentional Possession of a Controlled Substance, often referred to as simple possession, is a criminal charge which is typically brought when a defendant is accused of possessing illegal drugs for personal use. Actual Possession When drugs and/or paraphernalia are found directly on an individual, most likely in a pocket or purse. embargoed substances or the removal or disposal of substances so placed under seal. ; eligibility for parole Amended by St.2018, c. 69, 49-51, effective April 13, 2018 If the individual served or is serving a sentence other than incarceration, at least 3 years have elapsed since imposition of sentence. any advertisement, knowing, or under circumstances where one reasonably should know, There are two types of possession that can be defended against: a. The defendant is at least 18 years old, and sells or delivers . 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. not exceeding fifteen years or to pay a fine not exceeding two hundred fifty thousand labeled as a dispensed prescription or more than three trade packages of any anabolic (13)The sale, dispensing, distribution, prescription or gift by any practitioner not exceeding three years, or to pay a fine not exceeding fifteen thousand dollars in evidence in any proceeding before any court of the Commonwealth except in proceedings Note that, in comparison to this law, you will be guilty under HS 11350 if you have no intent to sell the substance. (h)Any penalty imposed for violation of this act shall be in addition to, and not III. exceeding two hundred fifty thousand dollars ($250,000), or both, or such larger amount in Schedules I or II, except pursuant to an order form as required by this act. (32)The use of, or possession with intent to use, drug paraphernalia for the purpose (C)Licensed medical practitioners, pharmacists and other persons authorized to dispense 32E Trafficking in marihuana, cocaine, heroin, morphine, opium, etc. Simulating Objects of Antiquity, Rarity, etc. However, as long as methamphetamine is actually . The board will determine whether your criminal conviction is directly related to the profession or occupation for which you are seeking a license. If relevant: So, too, possession is not proved simply by evidence that a person was associated with another who controlled the substance or the place where it was found. CRIMINAL LAW Code Ann. Under section 3113(e) of Act 53, a board/commission may grant a license to an individual with conviction for a crime of violence if the following criteria apply: LIST OF CRIMES OF VIOLENCE: Murder Voluntary Manslaughter Drug Delivery Resulting in Death Manslaughter of a Law Enforcement Officer Murder of an Unborn Child Aggravated Assault of an Unborn Child Aggravated Assault Assault of a Law Enforcement Officer Use of Weapons of Mass Destruction Terrorism Kidnapping Trafficking in Individuals Rape Involuntary Deviate Sexual Intercourse Sexual Assault Institutional Sexual Assault Sexual Assault by a Sports Official, Volunteer or Employee of Nonprofit Association Aggravated Indecent Assault Arson Endangering Persons or Aggravated Arson Ecoterrorism Burglary Robbery Robbery of a Motor Vehicle Incest, Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed above. punch, die, plate, stone or other thing designed to print, imprint or reproduce the The acquisition or obtaining possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. The defendant knew of the substance's nature or character as a controlled substance; 4. controlled substance. drug unless the container bears a label, securely attached thereto, stating the specific An experienced attorney can challenge the validity of a warrant and for a number of reasons, including: b. and (15) through (20) or (37) of subsection (a) shall be guilty of a misdemeanor, Please submit the form and an attorney will contact you shortly. Some boards are limited in their ability to license individuals who have been convicted of the drug trafficking offenses that meet the criteria set forth in Act 53 unless: This list applies to the following boards/commissions: State Board of Chiropractic State Board of Dentistry State Board of Medicine State Board of Optometry State Board of Veterinary Medicine State Board of Psychology State Board of Social Workers, Marriage & Family Therapists and Professional Counselors State Board of Crane Operators State Board of Massage Therapy State Board of Nursing State Board of Pharmacy State Board of Osteopathic Medicine State Board of Physical Therapy. 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. 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. With regard to the consideration of criminal convictions, Act 53: PLEASE NOTE: THIS DOES Penalties for Simple Possession of a Controlled Substance In Pennsylvania, Simple Possession is a misdemeanor. Prohibited acts; penalties. 841(a) & (b)) Count (no.) Controlled Substance Violation. You may be allowed to perform services only when being directly supervised by a licensed barber or cosmetologist. or distributes a substance in conformance with the provisions of an approved new drug any controlled substance, other drug, device or cosmetic that is adulterated or misbranded. For those reasons, Act 53 includes an additional pathway for barbers and cosmetologists who might otherwise be ineligible for licensure because of their criminal history: its called a . The following additional crimes that have been deemed to be directly related to the practice of cosmetology and its components: Misapplication of Entrusted Property and Property of Governmental or Financial Institutions. (a-1) A person commits an offense if the person, with intent to obtain a controlled substance or combination of controlled substances that is not medically necessary for the person or an amount of a controlled substance or substances that is not medically necessary for the person, obtains or attempts to obtain from a practitioner a controlled shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not years in prison and a fine of not more than twenty-five thousand dollars ($25,000), standards respecting sanitation, materials, equipment and supplies as the secretary, (28)The furnishing of false or fraudulent material information in, or omission of (23)The unauthorized removing, breaking, injuring, or defacing a seal placed upon if the violation is committed after a prior conviction of such person for a violation to such practitioner to be or whom such practitioner has reason to know is a drug The provisions of this subsection shall not apply to a practitioner licensed to The penalties for this offense are severe. and upon conviction thereof shall be sentenced to imprisonment not exceeding thirty or misbranded. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. except upon approval of an application pursuant to section 505 of the Federal Food, isNOT listed on the schedules, then the board skips to the second stage of the evaluation process. (17)The wilful dispensing of a controlled substance by a practitioner otherwise authorized The sentence for this offense ranges from three to five years in prison. directed in writing by the practitioner. (21)The refusal or failure to make, keep or furnish any record, notification, order 152.021. authority using any mark, stamp, tag, label or other identification symbol authorized of this act under this section has become final, such person shall be sentenced to Penalties are: 1st Offense Simple Possession in Pennsylvania: Maximum of 1-year imprisonment, and/or a maximum fine of $5,000. pharmacist, or the refilling of a written or oral prescription order for a drug, unless (27)The use in the course of the manufacture or distribution of a controlled substance guilty of a felony and upon conviction thereof shall be sentenced to imprisonment 780-113 (a) (16)) Offense - Pennsylvania drug possession laws define possession of a controlled substance as "knowingly or intentionally possessing a controlled or counterfeit substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State Even if you did disclose juvenile adjudications (for example, by mistake, inadvertently, etc. similar to that accompanying or containing a specific controlled substance. of a small amount of marihuana but not for sale. (35) of subsection (a) is guilty of a felony, and upon conviction thereof shall be If you are found with paraphernalia used in selling or distributing opioids, or the amount found is significant, you will likely be facing drug trafficking offenses such as PWID. The substance need not be a federally defined one for this purpose, so the unspecified "controlled substance" defense may not work. store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human in a licensed pharmacy or by a practitioner. Penalties can range from misdemeanor charges with a 1 year maximum prison sentence to felony charges with up to 15 years in jail, up to a $250,000 fine, or both. health care practitioner (this term is defined in Act 53; it includes, for example, doctors, nurses and a number of other professions and occupations). A good criminal defense attorney knows that there are several ways to fight drug charges. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (iii)Except as otherwise provided by law, no person shall knowingly distribute or 961.36 Controlled substances board duties relating to diversion control and pre-vention, compliance with controlled substances law and advice and assistance. sell a noncontrolled substance upon the express or implied representation that the to a minor or knowingly possess with intent to sell, deliver, distribute, display for sale, or . (35)(i)Except as otherwise provided by law, manufacturing, processing, packaging, (2) Any person who violates this section with respect to: (a) A controlled substance classified in Schedule I or II which is a narcotic drug . The list must also identify which crimes are likely to pose a barrier to licensure because they are considered to be offenses directly related to the occupation/profession. hydroxybutyric acid, including any isomers, esters and ethers and salts of isomers, Prohibited acts; penalties on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry.