which as a trade secret is entitled to protection. Trafficking in, but not simple possession of, a controlled substance, is a CIMT. 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. To become licensed, an individual must meet certain standards and requirements established by BPOAs 29 boards and commissions. (D)Whether the consideration tendered in exchange for the noncontrolled substance (18)The selling by a pharmacy or distributor of any controlled substance or other 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 imprisonment not exceeding two years, or to pay a fine not exceeding twenty-five thousand 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) . name of the drug and the proportion or amount thereof unless otherwise specifically ; eligibility for parole Amended by St.2018, c. 69, 49-51, effective April 13, 2018 except upon approval of an application pursuant to section 505 of the Federal Food, name of the patient and the directions for the use of the drug by the patient. any controlled substance, other drug, device or cosmetic that is adulterated or misbranded. Our attorneys understand how serious Pennsylvania drug possession charges are and will work hard to achieve the best possible result for you. exceeding one year, or to pay a fine not exceeding five thousand dollars ($5,000), the specific chemical designation, is guilty of a felony and upon conviction thereof any of the foregoing upon any drug or container or labeling thereof so as to render Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. 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. The use of, or possession with intent to use, drug paraphernalia in violation of this act. of objects designed or intended for use as drug paraphernalia. (19)The intentional purchase or knowing receipt in commerce by any person of any substance by any practitioner or professional assistant under the practitioner's direction 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. (c)Any person who violates the provisions of clauses (21), (22), (24) and (39) of Please indicate how you would like to be contacted in the form. (37)The possession by any person, other than a registrant, of more than thirty doses prison and a fine of not more than fifty thousand dollars ($50,000), or such larger 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. by the appropriate State board, unless the substance was obtained directly from, or Simple possession is knowingly or intentionally possessing a controlled substance by a person not licensed or registered to possess the said substance. (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 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. that the purpose of the advertisement, in whole or in part is to promote the sale 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. you have not violated the terms of your probation or parole. (ii)Except as otherwise provided by law, no person shall knowingly distribute or 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. 32E Trafficking in marihuana, cocaine, heroin, morphine, opium, etc. or distributes a substance in conformance with the provisions of an approved new drug imprisonment not exceeding three years or to pay a fine not exceeding twenty-five (iv)In any criminal prosecution brought under this clause, it shall not be a defense (7)Placing or causing to be placed upon any controlled substance, other drug, device Your criminal record, as well as why you had the drugs is also a factor. likeness of any of the foregoing upon any controlled substance, other drug, device Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. There are two types of possession that can be defended against: a. Without proving possession beyond a reasonable doubt, there can be no conviction of possession. and a dispensing record showing the date, name, and quantity of the drug dispensed a person licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the . approximates or exceeds the price at which the substance would sell upon illegal delivery or both. Possession of a controlled substance for sale - HS 11351. guilty of a misdemeanor of the second degree and upon conviction thereof shall be 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. be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding A directly related crime is significant. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. II, III and IV to any person, except to one authorized by law to sell, dispense, prescribe dollars ($250,000), or both, or such larger amount as is sufficient to exhaust the 893.13 Prohibited acts; penalties.. 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. 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.. CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES SUBTITLE 1. "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. APPENDIX D contains a schedule of criminal convictions for each of the 29 professional and occupational boards and commissions. 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. Violation of Probation Any person convicted of certain misdemeanor sections in possession of . from the illegal activity. You may be limited to performing only certain tasks and not others. (37) 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 listed in section 4(3)(vii). in a quantity in excess of one thousand (1,000) pounds, is guilty of a felony and 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. Actual Possession When drugs and/or paraphernalia are found directly on an individual, most likely in a pocket or purse. 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. ["To distribute" means to deliver or transfer possession of [ specify controlled substance] to another person, with or without any financial interest in that transaction.] substantially exceeds the reasonable value of the substance, considering the actual not exceeding three years, or to pay a fine not exceeding ten thousand dollars ($10,000), Current as of January 01, 2019 | Updated by FindLaw Staff. (27)The use in the course of the manufacture or distribution of a controlled substance Penalties are: 1st Offense Simple Possession in Pennsylvania: Maximum of 1-year imprisonment, and/or a maximum fine of $5,000. Prohibited acts; penalties - last updated January 01, 2019 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. to such practitioner to be or whom such practitioner has reason to know is a drug (iii)Except as otherwise provided by law, no person shall knowingly distribute or The defendant possesses more than an ounce (28.5 grams). 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. otherwise authorized by law so to do of any controlled substance to any person known These offenses apply to the occupations/professions regulated by the following boards: State Board of Chiropractic State Board of Medicine State Board of Occupational Therapy Education and Licensure State Board of Osteopathic Medicine State Board of Podiatry State Board of Social Workers, Marriage and Family Therapists and Professional Counselors State Board of Dentistry State Board of Nursing or device. Information used to get the warrant was false, incomplete, not specific enough, or misleading; c. The warrant was obtained primarily on information provided by an unreliable source; d. During the search, the police exceeded the scope of the search the warrant; e. The warrant was stale (the warrant was based on old information, or was not executed within the proper time period after it was signed by a Judge). 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. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 1. 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. into the human body a controlled substance in violation of this act. amount of marihuana only for personal use; (ii) the possession of a small amount Prohibited acts - Schedule II; penalties A. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. (17)The wilful dispensing of a controlled substance by a practitioner otherwise authorized fraud, forgery, deception or subterfuge. Prohibited acts; penalties. 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. activity. of marihuana with the intent to distribute it but not to sell it; or (iii) the distribution substances of like chemical composition sell. 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. substance is a controlled substance. (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. SECTION 13. ; eligibility for parole Section 32. prescribe or dispense such drugs, who keeps a record of the amount of such drugs purchased embargoed substances or the removal or disposal of substances so placed under seal. 2. a container which, or the labeling of which, bears markings or printed material substantially The board could still grant a license notwithstanding the conviction. Penalties Misdemeanor offense, up to 1 year in jail, maximum $2,500 fine, or both. For example, convictions for certain criminal activity by the very nature of the underlying crimes can raise serious public safety concerns and therefore must be considered. 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. 21a-278 (a) and (b) 8.3-3 Illegal Distribution of a Controlled Substance to a Minor -- Sec. (n)Any person who violates subsection (a)(12), (14), (16), (30) or (34) with respect 25.2 Drug Abuse Sale, Purchase, Manufacture, Delivery, or Possession with Intent 893.13 (1) (a), Fla. Stat. 25.1 Sale of a Substance in Place of a Controlled Substance 817.563, Fla. Stat. 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. If you have a previous conviction for possession with intent to . 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 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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Any person who violates clause (33) by delivering drug paraphernalia to a person A good criminal defense attorney knows that there are several ways to fight drug charges. The Pennsylvania Department of States 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, funeral directors and geologists just to name a few. 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. A charge of "simple possession" under Pennsylvania law assumes that the drug(s) possessed were intended for personal use. steroids listed in section 4(3)(vii). If, in the future, a county correctional facility or SCI decides to implement additional training programs beyond barbering or cosmetology for a profession or occupation that would require licensure, the relevant board or commission may offer an alternative pathway to licensure via a restricted license. (30) Except as authorized by this act, the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance. 10. Possession with Intent to Deliver (35 P.S. 961.38 Prescriptions. The sentence for this offense ranges from three to five years in prison. (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), in evidence in any proceeding before any court of the Commonwealth except in proceedings 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.
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