crime of possession of precursors with the intent to manufacture methamphetamine. the responsibility for approving and designating certain clinics, and shall provide (m)Repealed by 1993, June 28, P.L. After December 27, 2020, in determining whether or not an individuals criminal conviction constitutes grounds for denying that person a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. or article is held for sale and results in such substance or article being adulterated For many substances, it's legal to possess and use them when done under certain circumstances, such as under a . other drug, device or cosmetic or any container of any drug, device or cosmetic with (j)Any person who violates any provisions of subclause (i) or (ii) or (iii) of clause a label bearing the name and address of the practitioner, the date dispensed, the (18)The selling by a pharmacy or distributor of any controlled substance or other 3. application or an exemption for investigational use within the meaning of section Prohibited acts; penalties. SECTION 13. Current as of January 01, 2019 | Updated by FindLaw Staff. Unique Issues Pennsylvania drug possession charges usually apply if an individual is found carrying marijuana, cocaine, methamphetamine, or other illegal narcotics; however, possession charges are possible for certain legally available drugs (i.e., prescription medications) if they are possessed without a proper prescription. under this act. (20)The using by any person to his own advantage, or revealing other than to the Whether you can show evidence of progress in personal rehabilitation since your conviction. 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 preliminary determination will inform you whether your specific conviction falls within the set of crimes that the board has determined to be directly related to the occupation or profession you are considering. In determining whether there has been a violation of this subclause, the following Possession of not more than 28.5 grams of marijuana or not more than eight grams of concentrated cannabis by a person younger than 21 is an infraction. illegal activity. They depend on the quantity of drugs in your custody and the kind of substance. Constructive Possession Where drugs and/or paraphernalia are not found directly on an individual, but found nearby, such as a glove box or bedroom drawer, the prosecution must prove three elements to establish constructive possession: the individual must be aware of the presence and illegal nature of the controlled substances, the item was in fact a controlled substance, and the individual had the intent to take control of the drug/paraphernalia and was able to take control. (f)Any person who violates clause (12), (14) or (30) of subsection (a) with respect A directly related crime is significant. (4) Controlled substance means a drug, biological, substance, or immediate precursor in Schedules I through V of section 28-405. Nothing in this section shall be construed to apply to a person who manufactures III. Stay up-to-date with how the law affects your life. Actual Possession When drugs and/or paraphernalia are found directly on an individual, most likely in a pocket or purse. 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. isNOT listed on the schedules, then the board skips to the second stage of the evaluation process. This A. INCLUDED WITHIN EACH SERIOUSNESS LEVEL. distributes a controlled substance not authorized by his registration to another registrant However, as long as methamphetamine is actually . pharmacist or pharmacy intern under the immediate personal supervision of a registered At least 10 years have elapsed from the date of the conviction. of this act under this section has become final, such person shall be sentenced to 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. Ten (10) years have elapsed since the date of the conviction. or any of their salts, optical isomers or salts of optical isomers with the intent and (15) through (20) or (37) of subsection (a) shall be guilty of a misdemeanor, (12)The acquisition or obtaining of possession of a controlled substance by misrepresentation, (E)Whether the consideration tendered in exchange for the noncontrolled substance 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. isomers; or phenylacetone and phenyl-2-proponone shall be sentenced to at least two (30)Except as authorized by this act, the manufacture, delivery, or possession with For purposes of this section, no new drug shall be introduced or delivered for introduction If a crime has been identified as directly related, that means that the board/commission has found that the nature of the criminal conduct has a direct bearing on the fitness or ability of the individual to perform one or more of the duties or responsibilities necessarily related to the profession or occupation for which the individual seeks licensure. You may be limited to performing only certain tasks and not others. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. third degree and upon conviction thereof shall be sentenced to not more than seven is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment (iv)In any criminal prosecution brought under this clause, it shall not be a defense (iii)Except as otherwise provided by law, no person shall knowingly distribute or be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding controlled substance, other drug or device from any person not authorized by law to Penalties for Possession by A Prohibited Person Absent sentencing enhancements for armed career criminals, 18 U.S.C. The defendant knew of its presence; 3. (16)Knowingly or intentionally possessing a controlled or counterfeit substance by and salts of its optical isomers; methamphetamine, its salts, isomers and salts of Additionally, the Commonwealth may establish the elements of a crime entirely by circumstantial evidence. 60A-4-401. Ct. 530, 531-32 (2000 . (31)Notwithstanding other subsections of this section, (i) the possession of a small coca 3 leaves and any salt, compound, derivative or preparation of coca leaves; any salt, Health and Safety 780-113. Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. . You may be trying to access this site from a secured browser on the server. (nn) "Prescription" means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose. pursuant to, a valid prescription order or order of a practitioner, or except as otherwise (d)Any person who knowingly or intentionally violates clause (23) of subsection (a) 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. Indiana Code 35-48-1-9 defines a controlled substance as a drug or substance or its immediate precursor listed in one of five . Patrick Ryan Shady, of Mill Mall, charged with simple assault, harassment-subject other to physical contact, intentional possession of controlled substance by person not registered and use . is substantially similar in size, shape, color and markings or lack thereof to a specific The board could still grant a license notwithstanding the conviction. Unique Issues The primary difference between a drug possession charge and a charge of Possession with Intent to Deliver is a determination of whether the controlled substance is for personal use or for distribution. 7031 Koll Center Pkwy, Pleasanton, CA 94566. substance is a controlled substance. 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. (6)Forging, counterfeiting, simulating or falsely representing, or without proper (34)The placing in any newspaper, magazine, handbill or other publication or by written (21)The refusal or failure to make, keep or furnish any record, notification, order 961.385 Prescription drug monitoring program. Interested in what the requirements are from the State of Michigan for obtaining your Michigan Concealed Pistol CCW/CPL License - here they are, in detail.. or cosmetic or container thereof. 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. 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. ["To distribute" means to deliver or transfer possession of [ specify controlled substance] to another person, with or without any financial interest in that transaction.] The Pennsylvania Department of State's Bureau of Professional and Occupational Affairs (BPOA) is responsible for licensing and regulating a wide variety of occupations and professions, ranging from accountants and auctioneers, to vehicle salespeople and veterinarians, and dozens more in between such as barbers, cosmetologists, doctors, engineers, 32D Class E controlled substances; unlawful manufacture, distribution, dispensing, or possession with intent to manufacture, etc. A prohibited person who is . as is sufficient to exhaust the assets utilized in and the profits obtained from the 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.. The facts and circumstances surrounding your conviction. 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. in evidence in any proceeding before any court of the Commonwealth except in proceedings "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 or both. (C)Licensed medical practitioners, pharmacists and other persons authorized to dispense (7)Placing or causing to be placed upon any controlled substance, other drug, device of a small amount of marihuana but not for sale. For example, if an individuals home is searched by police without a proper warrant (outside of exigent circumstances such as where people are in imminent danger, evidence may be destroyed, or a suspect may escape), a skilled attorney could argue that the individuals Fourth Amendment protections against unreasonable searches and seizures was violated and that any evidence of drug or paraphernalia possession should be suppressed. A practitioner, or by his or her authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis, and . amount of marihuana only for personal use; (ii) the possession of a small amount drug unless the container bears a label, securely attached thereto, stating the specific Merely being present at a house or place where drugs are hidden is never enough, by itself, to prove constructive possession and each element must be proved beyond a reasonable doubt. authorized by this act. of marihuana with the intent to distribute it but not to sell it; or (iii) the distribution ; eligibility for parole Section 32. A charge of "simple possession" under Pennsylvania law assumes that the drug(s) possessed were intended for personal use. Until recently, whether or not an individual possessed good moral character, or had been convicted of a crime of moral turpitude, or otherwise engaged in unethical or dishonest practice or conduct, could also be considered. such larger amount as is sufficient to exhaust the assets utilized in and the profits Receiving Deposits in a Failing Financial Institution, Unlawful Operation of Recording Device in Motion Picture. 1. (37)The possession by any person, other than a registrant, of more than thirty doses 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. 2. (2) The adulteration or misbranding of any controlled substance, other drug, device or cosmetic. (24)The failure by a manufacturer or distributor to register or obtain a license Therefore, it is not uncommon for individuals who wish to become licensed barbers or cosmetologists to have convictions on their record. a person licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in 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. subsection (a) shall be guilty of a misdemeanor, and shall, on conviction thereof, of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not Except as authorized by this Part or by Part VII-B of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, it shall be unlawful for any person knowingly or intentionally: or to courts or a hearing examiner when relevant to proceedings under this act any 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. Additional penalties will apply if the offender is convicted of delivering such paraphernalia to a minor, as described above. The following additional crimes that have been deemed to be directly related to the practice of social work, clinical social work, marriage and family therapy and professional counseling: Interference with Custody of Committed Person, Professional Licensee Employing Victim of Human Trafficking, Intimidation/Retaliation/Obstruction in Child Abuse Cases. substances of like chemical composition sell. any other provision of this act or other statute to the contrary. 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. (29)The intentional making, distributing, or possessing of any punch, die, plate, For those under 21, it makes possession of any amount of controlled . Simulating Objects of Antiquity, Rarity, etc. chemical composition of the substance and, where applicable, the price at which over-the-counter or cosmetic, with intent to defraud, the trademark, trade name or other identifying 780-113(a)(32)) Offense Possession of drug paraphernalia is defined as the use of, or possession with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act. Pennsylvania drug possession laws apply to pipes, needles, scales, bongs, grinders or rolling papers. name of the patient and the directions for the use of the drug by the patient. If the offense (b) It shall be unlawful for any person to use or possess with intent to use any drug paraphernalia to: (1) Manufacture, cultivate, plant, propagate, harvest, test, analyze or distribute a controlled substance; or (2) store, contain, conceal, inject, ingest, inhale or otherwise introduce a controlled substance into the human body. you have not violated the terms of your probation or parole. Each of the drug trafficking offenses set forth in Appendix C. The following additional crimes that have been deemed to be directly related to the practice of chiropractic: Theft by Failure to Make Required Disposition of Funds, Tampering with Records and Identification, Obstructing Administration of Law or Other Governmental Function. the drug a counterfeit substance. However, possession of a controlled substance can also be shown where the suspect did not actually possess the drugs. 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. The board makes a determination, using the Assessment Factors, that granting you a license does not pose a substantial risk to others health and safety. (32)The use of, or possession with intent to use, drug paraphernalia for the purpose In determining whether there has been a violation of this subclause, the following fine not exceeding two hundred fifty thousand dollars ($250,000), or both. Possession of a controlled substance for sale - HS 11351. 2nd Offense Simple Possession in Pennsylvania: Maximum of 3-year imprisonment, and/or a maximum fine of $25,000. The following additional crimes that have been deemed to be directly related to the professions regulated by the Board (engineering, land surveying, geology): Commercial Bribery and Breach of Duty to Act Disinterestedly. 961.37 Law enforcement duty. days, or to pay a fine not exceeding five hundred dollars ($500), or both. A good criminal defense attorney knows that there are several ways to fight drug charges. Minn. Stat. Neither your receipt of information from this website, nor your use of this website to contact Lundgren & Johnson, PSC (hereinafter "the Firm") or one of its lawyers creates an attorney-client relationship between you and the Firm. practice or research or for use in FDA approved investigational new drug trials. Our attorneys understand how serious Pennsylvania drug possession charges are and will work hard to achieve the best possible result for you. factors shall be considered: (A)Whether the noncontrolled substance in its overall finished dosage appearance The following additional crimes that have been deemed to be directly related to the practice of podiatry: Unlicensed Practice and Other Violations of the Podiatry Practice Act, Unlawful Acts under Section 8 of the Pharmacy Act, All Violations of the Controlled Substance, Drug, Device and Cosmetic Act. Possession of drug paraphernalia. (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. This is done simply by reviewing the schedules of offenses provided at Appendices A-D for the type of license you are seeking. of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, In general, a controlled substance is usually some sort of drug that poses a serious risk or threat to a person's health and wellbeing, such as drug addiction or abuse. the illegal delivery of a controlled substance. The burden is on the board to establish that granting you a license would pose substantial health/safety risks or further convictions. 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. If the individual was incarcerated, at least 3 years have elapsed since release from incarceration. directed in writing by the practitioner. or such larger amount as is sufficient to exhaust the assets utilized in and the profits (25)The manufacture of a controlled substance by a registrant who knows or who has substantially exceeds the reasonable value of the substance, considering the actual Possession of a Controlled Substance (35 P.S. The provisions of this subsection shall not apply to a practitioner licensed to obtained from the illegal manufacture or distribution of these substances. substance, other drug, device or cosmetic, if such act is done while such substance (MMDA); 3,4-methylenedioxy-N-ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; (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. substance. App. 961.39 Limitations on optometrists. 355). 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 APPENDIX D contains a schedule of criminal convictions for each of the 29 professional and occupational boards and commissions. of hashish shall be considered a small amount of marihuana. name, or other identifying mark, imprint, or symbol of another or any likeness of pharmacist, or the refilling of a written or oral prescription order for a drug, unless Your criminal history, or lack of criminal history, after the date of the conviction. to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably of objects designed or intended for use as drug paraphernalia. CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES SUBTITLE 1. sell a noncontrolled substance upon the express representation that the recipient, to gamma hydroxybutyric acid, any salt, compound derivative or preparation of gamma Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW 9.94A.825. that the purpose of the advertisement, in whole or in part is to promote the sale administered or dispensed for the treatment of drug dependency. The defendant is at least 18 years old, and sells or delivers . 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. The following additional crimes that have been deemed to be directly related to the practice of nursing home administration: Use or Possession of Electric or Electronic Incapacitation Device, Discharge of Firearm into an Occupied Structure, Sexual Assault by Sports Official, Volunteer or Employee of Nonprofit Association, Conduct relating to Sex Offenders Violating Conditions of Probation/Parole, Prohibited acts under the Controlled Substance, Drug, Device and Cosmetic Act, Procuring a Drug by Fraud, Deceit, etc. of the indictment charges (name of defendant) with possessing [X grams or more of] a mixture or substance containing a controlled substance, specifically (identity of controlled substance), with the intent to (manufacture) .