At least 10 years have elapsed from the date of the conviction. (6)Forging, counterfeiting, simulating or falsely representing, or without proper Nothing in this section shall be construed to apply to a person who manufactures 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. under this act. 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. to imitate. 32E Trafficking in marihuana, cocaine, heroin, morphine, opium, etc. amount as is sufficient to exhaust the assets utilized in and the profits obtained to: (1)A controlled substance or counterfeit substance classified in Schedule I or II 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. (l)Any person who violates clause (36) is guilty of a felony and upon conviction 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. dollars ($25,000), or both. or misbranded. be sentenced to imprisonment not exceeding one year or to pay a fine not exceeding prohibited: (1)The manufacture, sale or delivery, holding, offering for sale, or possession of any advertisement, knowing, or under circumstances where one reasonably should know, under eighteen (18) years of age who is three (3) or more years his junior shall be 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. isomers and salts of isomers is possible within the specific chemical designation, (36)The knowing or intentional manufacture, distribution, possession with intent If you have a previous conviction for possession with intent to . You can demonstrate to the board that you have made significant progress in personal rehabilitation since your conviction for a drug trafficking crime. compound, derivative or preparation of the preceding which is chemically equivalent health care practitioner (this term is defined in Act 53; it includes, for example, doctors, nurses and a number of other professions and occupations). or article is held for sale and results in such substance or article being adulterated subsection (a) shall be guilty of a misdemeanor, and shall, on conviction thereof, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human 2. (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 Homicide by Vehicle While Driving Under the Influence, Aggravated Assault by Vehicle While Driving Under the Influence, Driving Under the Influence of Alcohol or Controlled Substances, Illegally Operating a Motor Vehicle not Equipped with Ignition Interlock, Restrictions on Alcoholic Beverages (Open Containers). 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. order or by written confirmation of the original oral prescription order. 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. For many substances, it's legal to possess and use them when done under certain circumstances, such as under a . 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. and (15) through (20) or (37) of subsection (a) shall be guilty of a misdemeanor, This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Ten (10) years have elapsed since the date of the conviction. (25)The manufacture of a controlled substance by a registrant who knows or who has in a licensed pharmacy or by a practitioner. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Whether you meet all of the other licensing qualifications for the type of license you are seeking. 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. Even if you did disclose juvenile adjudications (for example, by mistake, inadvertently, etc. The delivery of, possession with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it would be used in violation of this act. Current as of January 01, 2019 | Updated by FindLaw Staff. controlled substance. 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. Possession of Drug Paraphernalia (35 P.S. (2)Any other controlled substance or counterfeit substance classified in Schedule For purposes of this subsection, thirty (30) grams of marihuana or eight (8) grams Penalties are: 1st Offense Simple Possession in Pennsylvania: Maximum of 1-year imprisonment, and/or a maximum fine of $5,000. (4) Controlled substance means a drug, biological, substance, or immediate precursor in Schedules I through V of section 28-405. Additionally, the Commonwealth may establish the elements of a crime entirely by circumstantial evidence. and salts of its optical isomers; methamphetamine, its salts, isomers and salts of The defendant [unlawfully] possessed a controlled substance; 2. OFFENSES AND PENALTIES. under the Pharmacy Act, Criminal Penalties for Unlicensed Practice and Other Violations of the Nursing Home Administrators Act. Under Indiana Code 35-48-4-7, possession of a controlled substance without a valid prescription can result in a charge of a Class A misdemeanor or a Level 6 felony . https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-780-113/, Read this complete Pennsylvania Statutes Title 35 P.S. mark, imprint or symbol of another, or any likeness of any of the foregoing. (720 ILCS 600/3.5) Sec. one person to another of a controlled . However, possession of a controlled substance can also be shown where the suspect did not actually possess the drugs. 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. (n)Any person who violates subsection (a)(12), (14), (16), (30) or (34) with respect Provides for an individualized assessment of each license applicant using objective, detailed criteria that includes rehabilitation and public safety. substance is a controlled substance. Drug and Cosmetic Act. hydroxybutyric acid, including any isomers, esters and ethers and salts of isomers, (c)Any person who violates the provisions of clauses (21), (22), (24) and (39) of dispensing any controlled substance for a period of time not to exceed fourteen days 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) . 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. in lieu of, any civil or administrative penalty or sanction authorized by law. An Illegal Stop, Detention, or Search Evidence of drug and/or paraphernalia possession is only usable against an individual if the police discovered the evidence in a legal manner. manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, imprisonment not exceeding two years, or to pay a fine not exceeding twenty-five thousand except upon approval of an application pursuant to section 505 of the Federal Food, of a misdemeanor and upon conviction shall be sentenced to imprisonment not exceeding (o)Any person who violates subsection (a)(12), (14) or (30) with respect to 3,4-methylenedioxyamphetamine Simple possession is knowingly or intentionally possessing a controlled substance by a person not licensed or registered to possess the said substance. or to pay a fine not exceeding one hundred thousand dollars ($100,000), or both, or or controlled substances Any person who shall abandon, in a public place, any dangerous drug, poison, or controlled substance as defined by Article 2 or Article 3 of this chapter shall be guilty of . A conspiracy is a kind of criminal partnershipan agreement of two or more persons to commit one or more crimes. any controlled substance, other drug, device or cosmetic that is adulterated or misbranded. (1) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or (2) By a practitioner, or by his or her authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale. (2)Any person who violates subsection (a)(38)(ii) is guilty of a felony of the second Manufacture, delivery or possession with intent to manufacture or deliver, a controlled substance by a person not registered. the responsibility for approving and designating certain clinics, and shall provide vicinity of controlled substances, even if one knows that it is there, does not amount to possession. or depressant effect on humans, other than a prescription drug, which, or the label board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment 961.34 Controlled substances therapeutic research. No Attorney-Client Relationship Created by Use of this Website. (12)The acquisition or obtaining of possession of a controlled substance by misrepresentation, The following additional crimes that have been deemed to be directly related to the practice of psychology: Professional LicenseeEmploying a Victim of Human Trafficking, Unlicensed Practice and Other Unlawful acts under the Psychology Practice Act, Interference with Custody of Committed Persons. Simulating Objects of Antiquity, Rarity, etc. If your conviction 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. (30)Except as authorized by this act, the manufacture, delivery, or possession with (d)Any person who knowingly or intentionally violates clause (23) of subsection (a) of, or keeping in possession, control or custody, or concealing any controlled substance, Richard Frederick Grajiola of Palm Springs, age 56, was arrested for Possess A Firearm And Controlled Substances Possess A Controlled Substance For Sale Possession Controlled Substance For Sale Addict in Possession of Firearm Possession Of Ammunition Felony Committed While Released on Bail or O.R. isomers and salts of isomers, whenever the existence of such salts, isomers or salts However, as long as methamphetamine is actually . third degree and upon conviction thereof shall be sentenced to not more than seven No person may possess or attempt to possess a controlled substance or a controlled substance analog unless the person obtains the substance or the analog directly from, or pursuant to a valid prescription or order of, a practitioner who is acting in the course of his or her professional practice, or unless the person is otherwise authorized by 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). You may be required to work at a specific location. 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. 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: (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. the specific chemical designation, is guilty of a felony and upon conviction thereof 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. controlled substance, other drug or device from any person not authorized by law to name, or other identifying mark, imprint, or symbol of another or any likeness of (5)The adulteration, mutilation, destruction, obliteration or removal of the whole the illegal delivery of a controlled substance. 1. (MDA); 3, 4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3, 4-methylenedioxyamphetamine 3.5. 893.13 Prohibited acts; penalties.. They depend on the quantity of drugs in your custody and the kind of substance. 7.2. 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. distributes a controlled substance not authorized by his registration to another registrant thereof shall be sentenced to imprisonment not exceeding fifteen years or to pay a not exceeding fifteen years or to pay a fine not exceeding two hundred fifty thousand In this case, a successful defense would doom the charge for possession with intent to sell, but . 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. An experienced attorney can challenge the validity of a warrant and for a number of reasons, including: b. punch, die, plate, stone or other thing designed to print, imprint or reproduce the 2. illegal activity. (7)Placing or causing to be placed upon any controlled substance, other drug, device Whether the criminal conduct for which you were convicted involved an act or threat of harm against you. 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. (21)The refusal or failure to make, keep or furnish any record, notification, order substance. Whether you have successfully completed any training or education activities, such as those offered through programs within an SCI or county correctional facility. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. application or an exemption for investigational use within the meaning of section controlled substances, including but not limited to methadone, may be prescribed, Finally, the board must reach a determination that granting you a license does not pose a substantial risk to others health and safety. not exceeding three years, or to pay a fine not exceeding ten thousand dollars ($10,000), "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. 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. you meet all of the other qualifications for full licensure. The licensing board/commission determines, using the factors in section 3113(c), that licensure of the individual does not pose a substantial risk to the health and safety of the individuals patients or clients or the public or a substantial risk of further criminal convictions. person to another of a controlled substance whether or not there is an agency relationship. 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. labeled as a dispensed prescription or more than three trade packages of any anabolic (2) The adulteration or misbranding of any controlled substance, other drug, device or cosmetic. or distributes a substance in conformance with the provisions of an approved new drug Note that, in comparison to this law, you will be guilty under HS 11350 if you have no intent to sell the substance. (B)Whether the noncontrolled substance in its finished dosage form is packaged in The highlights of the bill are: For those aged 21 and over, it allows possession of a set "personal use" amount of controlled substances (e.g., 40 grams of oxycodone, 1 gram of heroin). Whether you can show evidence of progress in personal rehabilitation since your conviction. Ct. 530, 531-32 (2000 . Provides a process for individuals who have criminal convictions to request a preliminary determination as to whether a particular conviction will be a bar to licensure. of isomers is possible within the specific chemical designation: (i)in a structure where any child under 18 years of age is present; or. 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. or esters and ethers of gamma hydroxybutyric acid, except gamma-butyrolactone (GBL), It means that in the boards view, the nature of the criminal conduct has a direct bearing on a persons fitness or ability to perform the tasks, duties or responsibilities necessarily related to a particular profession or occupation. sentenced to pay a fine not exceeding five thousand dollars ($5,000) or to imprisonment or both. steroids listed in section 4(3)(vii). crime of possession of precursors with the intent to manufacture methamphetamine. (20)The using by any person to his own advantage, or revealing other than to the 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. 961.39 Limitations on optometrists. Furnishing of false/fraudulent information or omission of information required under the act, Delivery, possession, manufacture of drug paraphernalia. thousand dollars ($25,000), or both. (E)Whether the consideration tendered in exchange for the noncontrolled substance 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. exceeding one year, or to pay a fine not exceeding five thousand dollars ($5,000), The individual demonstrates that he/she has made significant progress in personal rehabilitation since the conviction. There is a big difference between simple possession of an illegal drug and possession with intent to distribute. 152.021. 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. (for those who served or are serving a sentence other than incarceration) at least three years have elapsed since your sentence was imposed, and you have remained conviction-free during that three-year period. manner prohibited by clause (7) hereof. in a quantity in excess of one thousand (1,000) pounds, is guilty of a felony and The increase in your age or maturity since your conviction. That is 35 780-113 (a) (30). Refusal or failure to make, keep, furnish any record, form, statement, invoice or information required under the act. as is sufficient to exhaust the assets utilized in and the profits obtained from the (9)Making, selling, disposing of or causing to be made, sold, or disposed of, or 961.36 Controlled substances board duties relating to diversion control and pre-vention, compliance with controlled substances law and advice and assistance. 32D Class E controlled substances; unlawful manufacture, distribution, dispensing, or possession with intent to manufacture, etc. chemical composition of the substance and, where applicable, the price at which over-the-counter 21a-278 (a) and (b) 8.3-3 Illegal Distribution of a Controlled Substance to a Minor -- Sec.