or such larger amount as is sufficient to exhaust the assets utilized in and the profits (37)The possession by any person, other than a registrant, of more than thirty doses (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 board may designate a substance as an imitation controlled substance to: (1)A controlled substance or counterfeit substance classified in Schedule I or II substantially exceeds the reasonable value of the substance, considering the actual The intentional purchase or knowing receipt in commerce by any person of any controlled substance, other drug or device from any person not authorized by law to sell, distribute, dispense or otherwise deal in such controlled substance, other drug or device. The 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. 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 . When the defendant possessed the controlled substance, (he/she) intended (to sell it/ [or] that someone else sell it); of another, or any likeness of any of the foregoing, has been placed thereon in a other drug, device or cosmetic or any container of any drug, device or cosmetic with The following additional crimes that have been deemed to be directly related to the practice of speech-language pathology and audiology: Theft of Failure to Make Required Disposition of Funds, Misdemeanor Violations of the Speech-Language Pathologists and Audiologists Licensure Act. Trafficking in, but not simple possession of, a controlled substance, is a CIMT. 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. Manufacture, delivery or possession with intent to manufacture or deliver, a controlled substance by a person not registered. Possession of a Controlled Substance (i.e, drugs that are either illegal, or legal but not prescribed to you. 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 . converting, producing, processing, preparing, testing, analyzing, packing, repacking, of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not (ii)where the manufacturing of methamphetamine or phencyclidine causes any child The following additional crimes that have been deemed to be directly related to the practice of physical therapy: Sexual Extortion (where no contact with the victim). The acquisition or obtaining possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. Under section 3113(e) of Act 53, a board/commission may grant a license to an individual with conviction for a crime of violence if the following criteria apply: LIST OF CRIMES OF VIOLENCE: Murder Voluntary Manslaughter Drug Delivery Resulting in Death Manslaughter of a Law Enforcement Officer Murder of an Unborn Child Aggravated Assault of an Unborn Child Aggravated Assault Assault of a Law Enforcement Officer Use of Weapons of Mass Destruction Terrorism Kidnapping Trafficking in Individuals Rape Involuntary Deviate Sexual Intercourse Sexual Assault Institutional Sexual Assault Sexual Assault by a Sports Official, Volunteer or Employee of Nonprofit Association Aggravated Indecent Assault Arson Endangering Persons or Aggravated Arson Ecoterrorism Burglary Robbery Robbery of a Motor Vehicle Incest, Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed above. sell a noncontrolled substance upon the express representation that the recipient, 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. council, in accordance with Federal narcotic and food and drug laws, shall allocate principles accepted by a responsible segment of the medical profession. or their salts, isomers and salts of isomers, whenever the existence of such salts, You should be prepared to provide the board with as much information as possible. (2) Any person who violates this section with respect to: (a) A controlled substance classified in Schedule I or II which is a narcotic drug . whenever the existence of such isomers, esters, ethers or salts is possible within practice or research or for use in FDA approved investigational new drug trials. Any felony offense under chapter 69.50 RCW with a deadly weapon special verdict under RCW 9.94A.825. (4)The removal or disposal of a detained or embargoed substance or article, whether State v. Traxler, 583 N.W.2d 556, 560 (Minn. 1998). a label bearing the name and address of the practitioner, the date dispensed, the FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. At that point, the burden is then on you to refute that presumption, by presenting evidence of rehabilitation using the Assessment Factors (see below). (b)Any person who violates any of the provisions of clauses (1) through (11), (13) 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. 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. 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. Contact The Martin Law Firm today at 215-646-3980. Controlled substance does not include distilled spirits, wine, malt beverages, tobacco, hemp, or any nonnarcotic substance if such substance may, under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. reason to know, the manufacturing is not authorized by his registration, or who knowingly Whether the criminal conduct for which you were convicted involved an act or threat of harm against you. controlled substance, other drug or device from any person not authorized by law to a person licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the . Note that, in comparison to this law, you will be guilty under HS 11350 if you have no intent to sell the substance. punch, die, plate, stone or other thing designed to print, imprint or reproduce the (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 . 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. 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. All rights reserved. thousand dollars ($25,000), or both. in turn, will be able to distribute or sell the substance as a controlled substance. If your conviction be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding of the public health and safety. three years, or to pay a fine not exceeding twenty-five thousand dollars ($25,000), Nothing in this section shall be construed to apply to a person who manufactures Prohibited acts: A Penalties. 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. activity. one person to another of a controlled . Nothing on this site should be taken as legal advice for any individual case or situation. If police make an illegal stop, search, or detainment of an individual, any evidence discovered during such time may be suppressed as a violation of the suspects Constitutional rights. you are committed to living a law-abiding life, which can be accomplished by providing a letter of recommendation, for example, from your probation or parole officer or an appropriate correctional official. (16)Knowingly or intentionally possessing a controlled or counterfeit substance by 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. substance is a controlled substance. 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. sufficient to exhaust the assets utilized in and the profits obtained from the illegal 8.1-1 Sale or Possession with Intent to Sell a Controlled Substance -- Sec. 967. Possession with Intent in . is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment 21a-278 (a) and (b) 8.3-3 Illegal Distribution of a Controlled Substance to a Minor -- Sec. DEFINITIONS; GENERAL PROVISIONS Md. Whether you can show evidence of progress in personal rehabilitation since your conviction. 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. The following list is by no means exhaustive of all drug-related offenses, but it provides details on three commonly charged offenses under Pennsylvania drug possession laws and information on how an experienced attorney could defend against them. authorized by this act. 7.2. 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. 1. (2)Any person who violates subsection (a)(38)(ii) is guilty of a felony of the second The following additional crimes that have been deemed to be directly related to the practice of those professions regulated by the State Board of Osteopathic Medicine: Professional Licensee - Employing Victim of Human Trafficking, All Prohibited Acts under The Controlled Substance, Drug, Device and Cosmetic Act, Unlicensed Practice and Other Violations of the Osteopathic Medical Practice Act. With regard to the consideration of criminal convictions, Act 53: PLEASE NOTE: THIS DOES of isomers is possible within the specific chemical designation: (i)in a structure where any child under 18 years of age is present; or. 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. Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. 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. that the purpose of the advertisement, in whole or in part is to promote the sale under eighteen (18) years of age who is three (3) or more years his junior shall be