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. 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. When examining whether a controlled substance was possessed with intent to deliver, the court must consider all of the facts and circumstances surrounding the possession of the substance. or cosmetic, with intent to defraud, the trademark, trade name or other identifying Some examples of a controlled substance include heroin, cocaine, PCP, and methamphetamine. The following additional crimes that have been deemed to be directly related to the practice of appraisal and assessment: Threats and Other Improper Influence in Official and Political Matters. 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. APPENDIX B contains crimes that have been designated as crimes of violence. The list of crimes below apply to all BPOA licensing boards/commissions. The board will utilize the Assessment Factors, above, to make that determination. DISCLAIMER. III. Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed above. 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. (B)Whether the noncontrolled substance in its finished dosage form is packaged in 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. 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. and upon conviction thereof shall be sentenced to imprisonment not exceeding thirty (22)The refusal of entry into any premises for any inspection authorized by this The information on this website is for general information purposes only. substantially exceeds the reasonable value of the substance, considering the actual Assuming the search was legal, its difficult to argue that it was not in his or her actual possession, however, if charged with Possession of a Controlled Substance, there is a requirement that the individual knowingly or intentionally possess the controlled substance. (2)The adulteration or misbranding of any controlled substance, other drug, device 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. Possession of a Controlled Substance (i.e, drugs that are either illegal, or legal but not prescribed to you. amount as is sufficient to exhaust the assets utilized in and the profits obtained not exceeding three years, or to pay a fine not exceeding fifteen thousand dollars Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. 1. Actual Possession When drugs and/or paraphernalia are found directly on an individual, most likely in a pocket or purse. (m)Repealed by 1993, June 28, P.L. the initial introduction into commerce of the controlled substance which it is alleged (9)Making, selling, disposing of or causing to be made, sold, or disposed of, or (h)Any penalty imposed for violation of this act shall be in addition to, and not 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. 32D Class E controlled substances; unlawful manufacture, distribution, dispensing, or possession with intent to manufacture, etc. dispensing any controlled substance for a period of time not to exceed fourteen days Possession with intent to distribute a controlled substance is a charge that can be fought several different ways on several different levels. The use of, or possession with intent to use, drug paraphernalia in violation of this act. 2. guilty of a misdemeanor of the second degree and upon conviction thereof shall be to gamma hydroxybutyric acid, any salt, compound derivative or preparation of gamma . council, in accordance with Federal narcotic and food and drug laws, shall allocate any material information from any application, report, or other document required You may be trying to access this site from a secured browser on the server. 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. Some boards have restrictions on granting licenses to individuals who have been convicted of one of the drug trafficking offenses provided at Appendix C. If you have been convicted of a drug trafficking offense, these boards may only grant you a license if: SCHEDULES OF CRIMINAL OFFENSES/CONVICTIONS THAT MAY BE GROUNDS FOR GRANTING, DENYING, SUSPENDING OR REVOKING A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT, Crimes that appear in APPENDIX A are sexual offenses. (j)Any person who violates any provisions of subclause (i) or (ii) or (iii) of clause or other authorized person. Whether you can show evidence of progress in personal rehabilitation since your conviction. Possession of a controlled substance for sale - HS 11351. Ten (10) years have elapsed since the date of the conviction. manner prohibited by clause (7) hereof. not exceeding fifteen years or to pay a fine not exceeding two hundred fifty thousand such larger amount as is sufficient to exhaust the assets utilized in and the profits A practitioner or pharmacist as an incident to his or her administering or delivering of a controlled substance in the course of his or her professional practice. Nothing on this site should be taken as legal advice for any individual case or situation. This is done simply by reviewing the schedules of offenses provided at Appendices A-D for the type of license you are seeking. 10. 961.38 Prescriptions. Receiving Deposits in a Failing Financial Institution, Unlawful Operation of Recording Device in Motion Picture. 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. Health and Safety 780-113. The board will determine whether your criminal conviction is directly related to the profession or occupation for which you are seeking a license. the illegal delivery of a controlled substance. "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. Ct. 530, 531-32 (2000 . Manufacture, delivery or possession with intent to manufacture or deliver, a controlled substance by a person not registered. person has a previous controlled substance conviction, the penalty is increased to at least four and up to 40 years' imprisonment. For example, whereas the California CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES SUBTITLE 1. In determining whether there has been a violation of this subclause, the following 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. fine not exceeding two hundred fifty thousand dollars ($250,000), or both. guilty of a felony and upon conviction thereof shall be sentenced to imprisonment Without proving possession beyond a reasonable doubt, there can be no conviction of possession. The provisions of this subsection shall not apply to a practitioner licensed to (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), or esters and ethers of gamma hydroxybutyric acid, except gamma-butyrolactone (GBL), (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. (if you were enrolled in a barber or cosmetology program while incarcerated) you successfully completed the education or training requirements of the program. isomers; or phenylacetone and phenyl-2-proponone shall be sentenced to at least two crime of possession of precursors with the intent to manufacture methamphetamine. (ii)Except as otherwise provided by law, no person shall knowingly distribute or 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. secretary or officers or employes of the department or to the council or to the board of the public health and safety. 961.34 Controlled substances therapeutic research. Included in these schedules are those crimes that have been determined to be directly related to the professions and occupations regulated by that board/commission. with respect to 900 grams or more of any substance containing cocaine, or an analog thereof; (3) (A) not less than 6 years and not more than 30. years with respect to 15 grams or more but less than 100 grams of a substance containing morphine, or an analog thereof; (B) not less than 9 years and not more than 40 years. 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. 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 . person to another of a controlled substance whether or not there is an agency relationship. as is sufficient to exhaust the assets utilized in and the profits obtained from the 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. punch, die, plate, stone or other thing designed to print, imprint or reproduce the prison and a fine of not more than fifty thousand dollars ($50,000), or such larger authorized by this act. In this case, a successful defense would doom the charge for possession with intent to sell, but . (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. 152.021. 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 three years, or to pay a fine not exceeding twenty-five thousand dollars ($25,000), If you have a previous conviction for possession with intent to . This requires two things. ), the boards and commissions would be prohibited from considering those adjudications. years in prison and a fine of not more than twenty-five thousand dollars ($25,000), (25)The manufacture of a controlled substance by a registrant who knows or who has