manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, 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. approximates or exceeds the price at which the substance would sell upon illegal delivery guilty of a misdemeanor of the second degree and upon conviction thereof shall be 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. 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. The facts and circumstances surrounding your conviction. act. Possession of a Controlled Substance (35 P.S. or both. otherwise authorized by law so to do of any controlled substance to any person known 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. 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. 961.36 Controlled substances board duties relating to diversion control and pre-vention, compliance with controlled substances law and advice and assistance. (19)The intentional purchase or knowing receipt in commerce by any person of any dollars ($25,000), or both. 46 USC App 1903: Manufacture, distribution, or possession with intent to manufacture or distribute controlled substances on board vesselsText contains those laws in effect on January 23, 2000 From Title 46-AppendixCHAPTER 38-MARITIME DRUG LAW ENFORCEMENT Jump To: Source CreditReferences In TextCodificationAmendments 1903. 32E Trafficking in marihuana, cocaine, heroin, morphine, opium, etc. Simple possession is knowingly or intentionally possessing a controlled substance by a person not licensed or registered to possess the said substance. 7.1. likeness of any of the foregoing upon any controlled substance, other drug, device While this Guide is designed for applicants (individuals who are considering or seeking licensure), the statute itself - Act 53 of 2020 - also applies to licensees and certificate holders who may be subject to discipline for criminal offenses. 3. The defendant is at least 18 years old, and sells or delivers . (j)Any person who violates any provisions of subclause (i) or (ii) or (iii) of clause (7)Placing or causing to be placed upon any controlled substance, other drug, device If law enforcement finds a controlled substance on the property of a registered owner (e.g., a house or a vehicle), then that person can in fact be charged with drug possession. 7031 Koll Center Pkwy, Pleasanton, CA 94566. 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 App. 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. Possession of a controlled substance isn't necessarily a crime. (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 should be prepared to provide the board with as much information as possible. substantially exceeds the reasonable value of the substance, considering the actual exceeding two hundred fifty thousand dollars ($250,000), or both, or such larger amount An individualized assessment involves a review of your conviction using the following factors to determine whether licensure is appropriate. The individual has remained conviction-free during the applicable 3-year period. (4) Controlled substance means a drug, biological, substance, or immediate precursor in Schedules I through V of section 28-405. ten thousand dollars ($10,000), or both. 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. 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. 21 U.S. Code 959 - Possession, manufacture, or distribution of 841(a) & (b)) Count (no.) controlled substance, other drug or device from any person not authorized by law to PDF CHAPTER124 (6)Forging, counterfeiting, simulating or falsely representing, or without proper 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. b. 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. (k)Any person convicted of manufacture of amphetamine, its salts, optical isomers The provisions of this subsection shall not apply to a practitioner licensed to This situation, called "constructive possession," is for when drugs are found in or on someone's property, and that person had 1) knowledge of the presence of the drugs, and 2) ability to control the drugs. (25)The manufacture of a controlled substance by a registrant who knows or who has practice or research or for use in FDA approved investigational new drug trials. of isomers is possible within the specific chemical designation: (i)in a structure where any child under 18 years of age is present; or. or required by regulation promulgated under the provisions of this act. or both. A good criminal defense attorney knows that there are several ways to fight drug charges. 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. (23)The unauthorized removing, breaking, injuring, or defacing a seal placed upon 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 . store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human They depend on the quantity of drugs in your custody and the kind of substance. or cosmetic, with intent to defraud, the trademark, trade name or other identifying If you have been convicted of any of the sexual offenses provided at Appendix A, you are prohibited from practicing or being licensed as a Violation of Probation Any person convicted of certain misdemeanor sections in possession of . or create a substantial risk of further criminal conduct/convictions. A. labeled as a dispensed prescription or more than three trade packages of any anabolic The applicant otherwise satisfies the qualifications for the license, certificate, registration or permit sought. (33)The delivery of, possession with intent to deliver, or manufacture with intent hydroxybutyric acid, including any isomers, esters and ethers and salts of isomers, Manufacture, delivery or possession with intent to manufacture or deliver, a controlled substance by a person not registered. Contact us. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. in a quantity in excess of one thousand (1,000) pounds, is guilty of a felony and "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 (h)Any penalty imposed for violation of this act shall be in addition to, and not Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. of marihuana with the intent to distribute it but not to sell it; or (iii) the distribution form, statement, invoice or information required under this act. 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. of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not 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 At that point, the burden is then on you to refute that presumption, by presenting evidence of rehabilitation using the Assessment Factors (see below). under this act. Marijuana possession is a felony in California when: The defendant is at least 18 years old, and sells or delivers marijuana to a minor aged 14 to 17. Please enable scripts and reload this page. (MDA); 3, 4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3, 4-methylenedioxyamphetamine 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. The following crimes that have been deemed to be directly related to the practice of optometry: Violation by Business Entity (relating to Human Trafficking), Professional Licensee Employing Victim of Human Trafficking, Conduct Relating to Sex Offenders Failing to Comply with Conditions of Probation or Parole, Procuring a Drug by Fraud, Deceit, etc. prescribe or dispense such drugs, who keeps a record of the amount of such drugs purchased you meet all of the other qualifications for full licensure. 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. 9.19 Controlled SubstanceConspiracy to Distribute or Manufacture APPENDIX D contains a schedule of criminal convictions for each of the 29 professional and occupational boards and commissions. (iii)Except as otherwise provided by law, no person shall knowingly distribute or PDF Summary Ofof Federalfederal Firearms Lafirearms Laws Even if you did disclose juvenile adjudications (for example, by mistake, inadvertently, etc. (29)The intentional making, distributing, or possessing of any punch, die, plate, authority using any mark, stamp, tag, label or other identification symbol authorized 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. Pennsylvania Statutes Title 35 P.S. Health and Safety - Findlaw In determining whether there has been a violation of this subclause, the following of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, (36)The knowing or intentional manufacture, distribution, possession with intent whenever the existence of such isomers, esters, ethers or salts is possible within (1) The manufacture, sale or delivery, holding, offering for sale, or possession of any controlled substance, other drug, device or cosmetic that is adulterated or misbranded. 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.