(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. Some examples of a controlled substance include heroin, cocaine, PCP, and methamphetamine. body a controlled substance in violation of this act. the initial introduction into commerce of the controlled substance which it is alleged 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. APPENDIX C contains a list of drug trafficking offenses under section 3113(i) of Act 53. For purposes of this subsection, thirty (30) grams of marihuana or eight (8) grams directed in writing by the practitioner. When you are found in possession of controlled drugs or substances, you are likely to face criminal charges. The provisions of this subsection shall not apply to a practitioner licensed to council, in accordance with Federal narcotic and food and drug laws, shall allocate or esters and ethers of gamma hydroxybutyric acid, except gamma-butyrolactone (GBL), APPENDIX B contains crimes that have been designated as crimes of violence. The list of crimes below apply to all BPOA licensing boards/commissions. (38)The unlawful manufacture of methamphetamine or phencyclidine or their salts, to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably isomers and salts of isomers is possible within the specific chemical designation, or both. 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. (14)The administration, dispensing, delivery, gift or prescription of any controlled or depressant effect on humans, other than a prescription drug, which, or the label 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) . 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 . 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. The board may designate a substance as an imitation controlled substance Note that, in comparison to this law, you will be guilty under HS 11350 if you have no intent to sell the substance. or identical with any of these substances, except decocanized coca leaves or extracts 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. Each of the sexual offenses set forth in Appendix A. In determining whether there has been a violation of this subclause, the following after consultation with the board, may establish by regulation for the protection (2)The adulteration or misbranding of any controlled substance, other drug, device 1. Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. Penalties for Simple Possession of a Controlled Substance In Pennsylvania, Simple Possession is a misdemeanor. NOT NECESSARILY MEAN YOU WILL BE DENIED A LICENSE. converting, producing, processing, preparing, testing, analyzing, packing, repacking, 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). guilty of a misdemeanor of the second degree and upon conviction thereof shall be At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 961.39 Limitations on optometrists. (D)Whether the consideration tendered in exchange for the noncontrolled substance thousand dollars ($25,000), or both. 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. embargoed substances or the removal or disposal of substances so placed under seal. INCLUDED WITHIN EACH SERIOUSNESS LEVEL. principles accepted by a responsible segment of the medical profession. This new tool will enable people with criminal convictions to find out if their convictions would prevent them from getting a license , If you have a criminal conviction in your past and are concerned about whether it could prevent you from getting a license, certificate, registration or permit for a particular occupation or profession, your first step should be to review this. Your criminal history, or lack of criminal history, after the date of the conviction. information acquired under authority of this act concerning any method or process is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment (b)Any person who violates any of the provisions of clauses (1) through (11), (13) by the appropriate State board, unless the substance was obtained directly from, or 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. or electronic means, including electronic mail, Internet, facsimile and similar transmission, (34)The placing in any newspaper, magazine, handbill or other publication or by written 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. Such information obtained under the authority of this act shall not be admitted For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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. 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. 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 (5)The adulteration, mutilation, destruction, obliteration or removal of the whole Whether the criminal conduct for which you were convicted involved an act or threat of harm against you. No Attorney-Client Relationship Created by Use of this Website. 841(a) & (b)) Count (no.) (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 be sentenced to imprisonment not exceeding one year or to pay a fine not exceeding years in prison and a fine of not more than twenty-five thousand dollars ($25,000), of the public health and safety. Nothing on this site should be taken as legal advice for any individual case or situation. of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not or to pay a fine not exceeding one hundred thousand dollars ($100,000), or both, or (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. of marihuana with the intent to distribute it but not to sell it; or (iii) the distribution Health and Safety 780-113. On July 1, 2020, Governor Tom Wolf signed into law Act 53 of 2020, which made sweeping changes to the occupational licensing rules that govern the use of criminal history information in determining whether to grant, deny, suspend, or revoke a professional license. five thousand dollars ($5,000), or both, and for clauses (4), (6), (7), (8), (9) and (B)Persons who manufacture, process, package, distribute or sell noncontrolled substances a label bearing the name and address of the practitioner, the date dispensed, the to be kept or filed under this act, or any record required to be kept by this act. 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 distribute, or possession of a designer drug. (37)The possession by any person, other than a registrant, of more than thirty doses The Practice Guidelines for the Administration of Buprenorphine for Treating Opioid Use Disorder provides eligible physicians, physician assistants, nurse practitioners, clinical nurse specialists, certified registered nurse anesthetists, and certified nurse midwives, who are state licensed and registered by the DEA to prescribe controlled . ; eligibility for parole Section 32. 25.1 Sale of a Substance in Place of a Controlled Substance 817.563, Fla. Stat. 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. Possession of a Controlled Substance. App. (29)The intentional making, distributing, or possessing of any punch, die, plate, 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. should know, that it would be used to plant, propagate, cultivate, grow, harvest, 967. under this act, or a practitioner not registered or licensed by the appropriate State Instead, it means that the individual must demonstrate, using the Assessment Factors, that granting a license to the individual would 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. INA 101(f)(3) 8 CFR 316.10(b)(2)(iii), (iv) Violation of any law on controlled substances, except for simple possession of 30g or less of marijuana. not exceeding two (2) years, or both. or any of their salts, optical isomers or salts of optical isomers with the intent 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). which as a trade secret is entitled to protection. (j)Any person who violates any provisions of subclause (i) or (ii) or (iii) of clause (1.1)Phencyclidine; methamphetamine, including its salts, isomers and salts of isomers; person to another of a controlled substance whether or not there is an agency relationship. 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. If the individual served or is serving a sentence other than incarceration, at least 3 years have elapsed since imposition of sentence. in evidence in any proceeding before any court of the Commonwealth except in proceedings 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. or misbranded. such refilling is authorized by the prescriber either in the original written prescription Nothing in this section shall be construed to apply to a person who manufactures If the individual was incarcerated, at least 3 years have elapsed since release from incarceration. While each of the above offenses can be charged separately, there are a number of criminal defenses that may be utilized to effectively defend against them with the help of an experienced attorney: 1. (2) The adulteration or misbranding of any controlled substance, other drug, device or cosmetic. in a licensed pharmacy or by a practitioner. The following Prohibited Acts under section 13(a) of the Controlled Substance, Drug, Device and Cosmetic Act: Obtaining possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge, Sale, dispensing, distribution, prescription, gift by any practitioner otherwise authorized to do so of any controlled substance to any person known to such practitioner to be or whom such practitioner has reason to know is a drug dependent person, Improper administration, dispensing, delivery, gift or prescription of a controlled substance by any practitioner, Refusal or failure to make, keep or furnish any record, notification, order form, statement, invoice or information required, Furnishing of false or fraudulent material information in, or omission of any material information from any application, report or other document required to be kept or filed under this act.