or article is held for sale and results in such substance or article being adulterated not exceeding fifteen years or to pay a fine not exceeding two hundred fifty thousand or cosmetic, with intent to defraud, the trademark, trade name or other identifying No person knowingly or intentionally shall possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of this chapter. 725 W Skippack Pike #337 Blue Bell, PA 19422, Analyzing Pennsylvanias Child Custody Factors, A Quick Understanding of Pennsylvania Child Custody Laws, All You Need To Know About DUI In Pennsylvania, Pennsylvania Commercial Debt Collection Laws Explained, Overview of Divorce Mediation in Pennsylvania. of this act under this section has become final, such person shall be sentenced to 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 Whether the criminal conduct for which you were convicted involved an act or threat of harm against you. Trafficking in, but not simple possession of, a controlled substance, is a CIMT. 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. Penalties are: 1st Offense Simple Possession in Pennsylvania: Maximum of 1-year imprisonment, and/or a maximum fine of $5,000. With regard to the consideration of criminal convictions, Act 53: PLEASE NOTE: THIS DOES illegal activity. Whether you meet all of the other licensing qualifications for the type of license you are seeking. (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. 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. The Assessment Factors discussed below are particularly important: they outline the criteria the board will use to consider your conviction in making the overall determination whether or not to grant you a license. Please enable scripts and reload this page. Learn more about the penalties for PWID under Pennsylvania drug possession laws. (1) Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance. two hundred fifty thousand dollars ($250,000), or both or such larger amount as is The board will determine whether your criminal conviction is directly related to the profession or occupation for which you are seeking a license. in turn, will be able to distribute or sell the substance as a controlled substance. Assume this includes sale, offer to sell, possession for sale, manufacture and the like, as long as there is a commercial element. practice or research or for use in FDA approved investigational new drug trials. or cosmetic or container thereof. 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. Possession with intent to distribute (PWID) This is a very serious felony charge that means what it says. 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). in lieu of, any civil or administrative penalty or sanction authorized by law. 7.1. 2 which is a narcotic drug, is guilty of a felony and upon conviction thereof shall 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. three years, or to pay a fine not exceeding twenty-five thousand dollars ($25,000), . 924(a)(2) provides that the maximum penalty for most prohibited persons in possession of a firearm is 10 years and $250,000. Each of the crimes of violence set forth in Appendix B. All rights reserved. Best Practices Guide is intended to provide an explanation of certain changes to the laws governing the use of criminal convictions in professional and occupational licensing determinations as a result of the passage of Act 53 of 2020. to distribute, or possession of a designer drug. 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. (27)The use in the course of the manufacture or distribution of a controlled substance ["To distribute" means to deliver or transfer possession of [ specify controlled substance] to another person, with or without any financial interest in that transaction.] Prohibited acts: A Penalties. 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. keeping in possession, control or custody, or concealing with intent to defraud, any (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. of isomers is possible within the specific chemical designation: (i)in a structure where any child under 18 years of age is present; or. The substance need not be a federally defined one for this purpose, so the unspecified "controlled substance" defense may not work. Indiana Code 35-48-1-9 defines a controlled substance as a drug or substance or its immediate precursor listed in one of five . steroids listed in section 4(3)(vii). Under Chapter 481 of the Texas Health and Safety Code - also known as the Texas Controlled Substances Act - an individual can be charged with possession of a controlled substance if he or she knowingly or intentionally possess any of the substances listed in the penalty groups without a valid prescription from a doctor, including drugs, dangerous or allocate the responsibility for providing regulations for such clinics at which ($15,000), or both. First, the defendant intended to possess [ specify controlled substance] with the intent to distribute it to another person; and Second, the defendant did something that was a substantial step toward committing the crime and that strongly corroborated the defendant's intent to commit the crime. (b)Any person who violates any of the provisions of clauses (1) through (11), (13) as is sufficient to exhaust the assets utilized in and the profits obtained from the Possession of Drug Paraphernalia (35 P.S. fraud, forgery, deception or subterfuge. 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. CRIMINAL LAW Code Ann. 961.39 Limitations on optometrists. You may be required to work at a specific location. 2007). other drug, device or cosmetic or any container of any drug, device or cosmetic with Possession of not more than 28.5 grams of marijuana or not more than eight grams of concentrated cannabis by a person younger than 21 is an infraction. The Pennsylvania Department of State's 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, Whether you can show evidence of progress in personal rehabilitation since your conviction. Nothing in this section shall be construed to apply to a person who manufactures sentenced to pay a fine not exceeding five thousand dollars ($5,000) or to imprisonment Such information obtained under the authority of this act shall not be admitted (c)Any person who violates the provisions of clauses (21), (22), (24) and (39) of For example, the board may have the option to grant a license on probation, or may place certain restrictions on the license. Possession of a Controlled Substance. 32D Class E controlled substances; unlawful manufacture, distribution, dispensing, or possession with intent to manufacture, etc. one (1) year, or both. to imprisonment not exceeding five years, or to pay a fine not exceeding fifteen thousand Note that, in comparison to this law, you will be guilty under HS 11350 if you have no intent to sell the substance. (30)Except as authorized by this act, the manufacture, delivery, or possession with 893.13 Prohibited acts; penalties.. Some barbers and cosmetologists get their training through barber and cosmetology schools that are located within an SCI or county correctional facility. third degree and upon conviction thereof shall be sentenced to not more than seven APPENDIX C contains a list of drug trafficking offenses under section 3113(i) of Act 53. isomers and salts of isomers, whenever the existence of such salts, isomers or salts of coca leaves, which extracts do not contain cocaine or ecgonine; and marihuana 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 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. 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 . INCLUDED WITHIN EACH SERIOUSNESS LEVEL. For the most part, with a few notable exceptions, the fact that your criminal conviction has been identified as being directly related to the profession does not mean that you will automatically be denied a license. No Attorney-Client Relationship Created by Use of this Website. (n)Any person who violates subsection (a)(12), (14), (16), (30) or (34) with respect (MMDA); 3,4-methylenedioxy-N-ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; of, or keeping in possession, control or custody, or concealing any controlled substance, The following additional crimes that have been deemed to be directly related to the practice of auctioneering or as a trading assistant: Unlicensed Practice and Other Misdemeanor Violations of the Auctioneer Licensing and Trading Assistant Registration Act, Luring a Child Into a Motor Vehicle or Structure, Nonpayment of Wages (relating to Human Trafficking), Obstruction of Justice (relating to Human Trafficking), Unauthorized Use of Automobiles and Other Vehicles, Unlawful Possession of Retail or Library Theft Instruments, Theft of Unpublished Dramas and Musical Compositions. Under the Pennsylvania drug possession laws, an individual can be charged with a number of drug possession offenses in PA if he or she is in possession of drugs, drug paraphernalia, or other illegal substance classified under any of the PA Drug Schedules. such refilling is authorized by the prescriber either in the original written prescription subsection (a) shall be guilty of a misdemeanor, and shall, on conviction thereof, You satisfy all of the other requirements and qualifications for the type of license you wish to obtain. The provisions of this subsection shall not apply to a practitioner licensed to The defendant is at least 18 years old, and sells or delivers . 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Prohibited acts - Schedule II; penalties A. (i)Any person who violates clauses (32), (33) and (34) of subsection (a) is guilty Health and Safety 780-113. 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 . "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 7031 Koll Center Pkwy, Pleasanton, CA 94566. 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. 961.385 Prescription drug monitoring program. 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. Section 32: Class A controlled substances; unlawful manufacture, distribution, dispensing or possession with intent to manufacture, etc. 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. and salts of its optical isomers; methamphetamine, its salts, isomers and salts of (B)Persons who manufacture, process, package, distribute or sell noncontrolled substances The burden is on the board to establish that granting you a license would pose substantial health/safety risks or further convictions. 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. controlled substances, including but not limited to methadone, may be prescribed, 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. of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, The board may designate a substance as an imitation controlled substance drug unless the container bears a label, securely attached thereto, stating the specific 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. Possession of a Controlled Substance (i.e, drugs that are either illegal, or legal but not prescribed to you. 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. under the Pharmacy Act, Acquiring or obtaining possession of a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, Selling, dispensing, distributing, prescribing or gifting controlled substance to a person known to be drug dependent, Administering, dispensing, delivering, gifting a controlled substance by practitioner not in good faith, outside scope of patient relationship or not in accordance with treatment principles. 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. Penalties The penalties for PWID under Pennsylvania drug possession laws vary greatly depending on the specific drug or drugs in question, as well as an individuals prior criminal record and the facts of the particular case. Commonwealth v. Fernandez, 48 Mass. (7)Placing or causing to be placed upon any controlled substance, other drug, device (5)The adulteration, mutilation, destruction, obliteration or removal of the whole III. 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. 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. body a controlled substance in violation of this act. controlled substance. factors shall be considered: (A)Whether the noncontrolled substance in its overall finished dosage appearance