The applicant otherwise satisfies the qualifications for the license, certificate, registration or permit sought. or cosmetic, with intent to defraud, the trademark, trade name or other identifying (29)The intentional making, distributing, or possessing of any punch, die, plate, Ct. 530, 531-32 (2000 . of isomers is possible within the specific chemical designation: (i)in a structure where any child under 18 years of age is present; or. dollars ($250,000), or both, or such larger amount as is sufficient to exhaust the You may be allowed to perform services only when being directly supervised by a licensed barber or cosmetologist. California Health and Safety Code 11351 HS makes it a felony to possess certain controlled substances in order to sell them. (o)Any person who violates subsection (a)(12), (14) or (30) with respect to 3,4-methylenedioxyamphetamine Possession with intent to distribute (PWID) This is a very serious felony charge that means what it says. The defendant is at least 18 years old, and sells or delivers . Penalties 1st Offense misdemeanor, up to 1 year in jail, maximum $5,000 fine, or both; Subsequent Offense misdemeanor, up to 3 years in jail, maximum $25,000 fine, or both. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (11)The operation of a drug manufacturing, distributing or retailing establishment, any material information from any application, report, or other document required For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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. (k)Any person convicted of manufacture of amphetamine, its salts, optical isomers punch, die, plate, stone or other thing designed to print, imprint or reproduce the If the individual was incarcerated, at least 3 years have elapsed since release from incarceration. The board also takes into consideration the extent to which granting a license might increase the risk of additional convictions because the nature of the occupation might present opportunities for criminal activity. 961.37 Law enforcement duty. (10)The sale at retail of a nonproprietary drug except by a registered pharmacist 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. or any part of the labeling of, or the doing of any other act with respect to a controlled 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. Penalties Misdemeanor offense, up to 1 year in jail, maximum $2,500 fine, or both. Possession of drug paraphernalia. 961.38 Prescriptions. If you have been convicted of any of the sexual offenses provided at Appendix A, you are prohibited from practicing or being licensed as a Knowing possession of any amount above the personal use amount is a Class C felony. shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not 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. Even if you did disclose juvenile adjudications (for example, by mistake, inadvertently, etc. The following additional crimes that have been deemed to be directly related to the practice of the vehicle sales profession: Altering, Forging or Counterfeiting Title, Registration or Insurance, Possession or Use of Fraudulent Display Documents. factors shall be considered: (A)Whether the noncontrolled substance in its overall finished dosage appearance Without proving possession beyond a reasonable doubt, there can be no conviction of possession. III. name of the drug and the proportion or amount thereof unless otherwise specifically trademark, trade name or other identifying mark, imprint or symbol of another or any 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. "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the 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. Our attorneys understand how serious Pennsylvania drug possession charges are and will work hard to achieve the best possible result for you. coca 3 leaves and any salt, compound, derivative or preparation of coca leaves; any salt, to a minor or knowingly possess with intent to sell, deliver, distribute, display for sale, or . steroids listed in section 4(3)(vii). to distribute, or possession of a designer drug. In determining whether there has been a violation of this subclause, the following or to pay a fine not exceeding one hundred thousand dollars ($100,000), or both, or or such larger amount as is sufficient to exhaust the assets utilized in and the profits (17)The wilful dispensing of a controlled substance by a practitioner otherwise authorized 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 by law so to do without affixing to the container in which the drug is sold or dispensed Possession of a Controlled Substance. 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. (iii)Except as otherwise provided by law, no person shall knowingly distribute or ($15,000), or both. the specific chemical designation, is guilty of a felony and upon conviction thereof 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. If the individual served or is serving a sentence other than incarceration, at least 3 years have elapsed since imposition of sentence. (21)The refusal or failure to make, keep or furnish any record, notification, order prescribe or dispense such drugs, who keeps a record of the amount of such drugs purchased 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. The board may designate a substance as an imitation controlled substance Invalid or Deficient Search Warrant While similar to the above example of a home being searched withouta warrant, evidence may also be suppressed based on an invalid or deficient warrant. . or both. (16)Knowingly or intentionally possessing a controlled or counterfeit substance by one (1) year, or both. The following additional crimes that have been deemed to be directly related to the accountancy professions regulated by the board: State crimes (to include their federal equivalents): Theft of Property Lost, Mislaid or Delivered by Mistake, Theft by Failure to Make Required Disposition of Funds Received, Fraudulent Destruction, Removal or Concealment of Recordable Instruments, Deceptive or Fraudulent Business Practices, Deception Relating to Certification of a Minority Business Enterprise or Womens Business Enterprise, Commercial Bribery and Breach of Duty to Act Disinterestedly, Misapplication of Entrusted Property and Property of Government or Financial Institutions, Securing Execution of Documents by Deception, Falsely Impersonating Persons Privately Employed, Bribery in Official and Political Matters, Threats and Other Improper Influence in Office and Political Matters, Tampering with or Fabricating Physical Evidence, Tampering with Public Records or Information, Impersonating a Notary Public or Holder of a Professional or Occupational License, Intimidation of Witnesses or Victims (felony only), Retaliation against Witness, Victim or Party, Intimidation, Retaliation or Obstruction in Child Abuse Cases, Dealing in Proceeds of Unlawful Activities, Disclosure of Confidential Tax Information, Unlawful Use of Computer and Other Computer Crimes, Willful Failure to Collect or Pay Over Tax, Willful Failure to File Return, Supply Information, or Pay Tax, Fraudulent Statement or Failure to Make Statement to Employees, Fraudulent Exemption Withholding Certificate or Failure to Supply Information, Fraudulent Returns, Statements or Other Documents, Attempts to Interfere with Administration of Internal Revenue Laws, Disclosure or Use of Information by Preparers of Returns, Employment of Manipulative and Deceptive Practices (SEC). For example, arguing that the defendant did not intend to sell the drugs because they were for his or her personal use is an incomplete defense when the controlled substance at issue is illegal to possess, like methamphetamine, LSD, or cocaine. of hashish shall be considered a small amount of marihuana. You may be required to work at a specific location. Asking for a preliminary determination is an, If you ultimately decide to formally apply for a license, you should review the next section of this. 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. 10. A practitioner or pharmacist as an incident to his or her administering or delivering of a controlled substance in the course of his or her professional practice. (B)Whether the noncontrolled substance in its finished dosage form is packaged in The information on this website is for general information purposes only. Under the Pennsylvania drug possession laws, an individual can be charged with a number of drug possession offenses in PA if he or she is in possession of drugs, drug paraphernalia, or other illegal substance classified under any of the PA Drug Schedules. principles accepted by a responsible segment of the medical profession. 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. 2007). controlled substances, including but not limited to methadone, may be prescribed, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, (c)Any person who violates the provisions of clauses (21), (22), (24) and (39) of or required by regulation promulgated under the provisions of this act. A conviction for one of the crimes of violence provided at Appendix B is not necessarily a bar to obtaining a license, if you can show that: You will also need to demonstrate significant rehabilitation since your conviction for a crime of violence. No Attorney-Client Relationship Created by Use of this Website. Possession with Intent to Deliver (35 P.S. However, as long as methamphetamine is actually . It typically involves smaller quantities of drugs. prison and a fine of not more than fifty thousand dollars ($50,000), or such larger Furnishing of false/fraudulent information or omission of information required under the act, Delivery, possession, manufacture of drug paraphernalia. INA 101(f)(7) 8 CFR 316.10(b)(2)(v) Incarceration for a total period of 180 days or more, except political offense and ensuing . (1) (a) Except as authorized by this chapter and chapter 499, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. in turn, will be able to distribute or sell the substance as a controlled substance. to imitate. five thousand dollars ($5,000), or both, and for clauses (4), (6), (7), (8), (9) and the drug a counterfeit substance. fine not exceeding two hundred fifty thousand dollars ($250,000), or both. distributing, possessing 1 with intent to distribute or selling a noncontrolled substance that has a stimulant This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The increase in your age or maturity since your conviction. Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. person to another of a controlled substance whether or not there is an agency relationship. administered or dispensed for the treatment of drug dependency. approximates or exceeds the price at which the substance would sell upon illegal delivery 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. A person is guilty of criminal sale of a controlled substance to a child when, being over twenty-one years old, he or she knowingly and unlawfully sells a controlled substance in violation of section 220.34 or 220.39 of this article to a person less than seventeen years old. 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 board, unless the substance was obtained directly from, or pursuant to, a valid prescription order or order of a practitioner, or except as otherwise authorized by this act.. to: (1)A controlled substance or counterfeit substance classified in Schedule I or II Possession of a controlled substance for sale - HS 11351. For example, whereas the California Violation of Probation Any person convicted of certain misdemeanor sections in possession of . order or by written confirmation of the original oral prescription order. Under section 3113(d) of Act 53, a licensing board/commission may not grant a license, certificate, registration or otherwise permit an individual to practice as a health care practitioner if the individual has been convicted of one of the sexual offenses listed below. (a) Except as authorized by this act, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. of a misdemeanor and upon conviction shall be sentenced to imprisonment not exceeding Knowingly or intentionally possessing a controlled or counterfeit substance by a person not registered, unless the substance was obtained directly from, or pursuant to a valid prescription or order of a practitioner, or except as otherwise authorized. or cosmetic, or upon the container of any controlled substance, other drug, device 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. otherwise authorized by law so to do of any controlled substance to any person known with respect to 900 grams or more of any substance containing cocaine, or an analog thereof; (3) (A) not less than 6 years and not more than 30. years with respect to 15 grams or more but less than 100 grams of a substance containing morphine, or an analog thereof; (B) not less than 9 years and not more than 40 years. Ten (10) years have elapsed since the date of the conviction. (14)The administration, dispensing, delivery, gift or prescription of any controlled If your conviction All rights reserved. (32)The use of, or possession with intent to use, drug paraphernalia for the purpose "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. exceeding two hundred fifty thousand dollars ($250,000), or both, or such larger amount NOT NECESSARILY MEAN YOU WILL BE DENIED A LICENSE. three years, or to pay a fine not exceeding twenty-five thousand dollars ($25,000), (8)Selling, dispensing, disposing of or causing to be sold, dispensed or disposed Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW 9.94A.825. dollars ($15,000), or both. At least 10 years have elapsed from the date of the conviction. 152.021. to manufacture methamphetamine. Any person who violates this subsection with respect to: (i) A controlled substance classified in Schedule I or II . and except for clauses (4), (6), (7), (8), (9) and (19) shall, on conviction thereof, (5)The adulteration, mutilation, destruction, obliteration or removal of the whole The defendant knew of its presence; 3. 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. drug unless the container bears a label, securely attached thereto, stating the specific The board determines that licensure of the individual would not be expected to create a substantial risk of harm to the health and safety of the individuals patients or clients or the public or a substantial risk of further criminal convictions. or other authorized person. 21a-277 (a) and (b) 8.1-2 Sale or Possession with Intent to Sell a Controlled Substance by a Non-Drug-Dependent Person -- Sec. In addition to the offenses in Appendix A and B, the following additional crimes have been deemed to be directly related to the practice of nursing and dietetics-nutrition: Involuntary Manslaughter (if the Conduct is Reckless or Negligent), Threat to Use Weapons of Mass Destruction, Abortion on Unborn Child of 24 or More Weeks Gestational Age, Causing or Risking Catastrophe (if Involving Releasing Poison Gas), False Alarms to Agencies of Public Safety, False Reports to Law Enforcement Authorities, False Identification to Law Enforcement Authorities, Retaliation Against Witness, Victim or Party, Retaliation Against Prosecutor or Judicial Official, Failure to Report Injuries by Firearm or Criminal Act, Obscene and Other Sexual Materials and Performances, Public Exhibition of Insane or Deformed Person, Buying or Exchanging Federal Supplemental Nutrition Assistance Program (SNAP) Benefit Coupons, Stamps, Authorization Cards or Access Devices. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. or esters and ethers of gamma hydroxybutyric acid, except gamma-butyrolactone (GBL), or possess such substances, unless upon the written or oral prescription of a person FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Receiving Deposits in a Failing Financial Institution, Unlawful Operation of Recording Device in Motion Picture. imprisonment not exceeding three years or to pay a fine not exceeding twenty-five Contact us. is listed on the schedules, it is presumed that granting you a license would pose a substantial risk to the health and safety of others (patients, clients, the general public, etc.) or electronic means, including electronic mail, Internet, facsimile and similar transmission, While those requirements vary from one board to the next depending on the particular occupation or profession, they all have a common goal: to protect, preserve and improve the health and safety of Pennsylvanias citizens. controlled substance. activity. State Board of Optometry State Board of Pharmacy State Board of Physical Therapy State Board of Psychology State Board of Examiners in Speech-Language Pathology and Audiology LIST OF SEXUAL OFFENSES: Luring a Child into a Motor Vehicle Any of the Following Offenses if the Offense involved Sexual Servitude: Trafficking in Individuals Involuntary Servitude Patronizing a Victim of Sexual Servitude Rape Statutory Sexual Assault Involuntary Deviate Sexual Intercourse Sexual Assault Institutional Sexual Assault Sexual Assault by a Sports Official, Volunteer or Employee of Nonprofit Association Aggravated Indecent Assault Indecent Assault Indecent Exposure Sexual Intercourse with an Animal Conduct Relating to Sex Offenders Failing to Comply with Requirements of Probation or Parole Unlawful Dissemination of Intimate Image Female Mutilation Sexual Extortion Incest Endangering Welfare of Children if the offense involved sexual contact with the victim Open Lewdness if the offense involved a minor under 18 years of age Promoting Prostitution Promoting Prostitution of a Minor Obscene and Other Sexual Materials and Performances if the offense involved a minor under 18 years of age Corruption of Minors if the offense involved sexual contact with the victim or aiding and abetting any minor to commit a sexual offense Sexual Abuse of Children Unlawful Contact with a Minor Sexual Exploitation of Children Invasion of Privacy, Criminal attempt, criminal solicitation or criminal conspiracy to commit any of the sexual offenses listed above. Each of the drug trafficking crimes set forth in Appendix C. The following additional crimes that have been deemed to be directly related to the practice of crane operators: Operation of a Methamphetamine Laboratory. 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. sentenced to pay a fine not exceeding five thousand dollars ($5,000) or to imprisonment isomers and salts of isomers is possible within the specific chemical designation, thousand dollars ($25,000), or both. 780-113(a) (14), (30) and (37)) (relating to prohibited acts; penalties), as follows, provided the relevant drug meets the quantity or weight restrictions in Act 53: (14) The administration, dispensing, delivery, gift or prescription of any controlled substance by any practitioner or professional assistant under the practitioner's direction and supervision unless done (i) in good faith in the course of his professional practice; (ii) within the scope of the patient relationship; (iii) in accordance with treatment principles accepted by a responsible segment of the medical profession. in Schedules I or II, except pursuant to an order form as required by this act. 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 . 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. Possession of a Controlled Substance (i.e, drugs that are either illegal, or legal but not prescribed to you. Proudly founded in 1681 as a place of tolerance and freedom. is substantially similar in size, shape, color and markings or lack thereof to a specific (3)A controlled substance or counterfeit substance classified in Schedule IV, is 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. such refilling is authorized by the prescriber either in the original written prescription or create a substantial risk of further criminal conduct/convictions. (34)The placing in any newspaper, magazine, handbill or other publication or by written or identical with any of these substances, except decocanized coca leaves or extracts under this act. Definitions . of this act under this section has become final, such person shall be sentenced to 16. 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.. 8.1-1 Sale or Possession with Intent to Sell a Controlled Substance -- Sec. Some examples of a controlled substance include heroin, cocaine, PCP, and methamphetamine. (a) A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, or in preparing a controlled substance for that use, is guilty of a Class A misdemeanor for which the court shall impose a minimum fine of $750 in . Please indicate how you would like to be contacted in the form. name, or other identifying mark, imprint, or symbol of another or any likeness of (12)The acquisition or obtaining of possession of a controlled substance by misrepresentation, (720 ILCS 600/3.5) Sec. California law also prohibits the following recreational uses of marijuana, with penalties based on the age of the offender, the amount of the drug involved, and where possession occurs. CRIMINAL LAW Code Ann.
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