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. (2)Any person who violates subsection (a)(38)(ii) is guilty of a felony of the second The preliminary determination will inform you whether your specific conviction falls within the set of crimes that the board has determined to be directly related to the occupation or profession you are considering. An individualized assessment involves a review of your conviction using the following factors to determine whether licensure is appropriate. 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. For those under 21, it makes possession of any amount of controlled . 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. For many substances, it's legal to possess and use them when done under certain circumstances, such as under a . (4)A controlled substance or counterfeit substance classified in Schedule V, is guilty In determining whether there has been a violation of this subclause, the following This is done simply by reviewing the schedules of offenses provided at Appendices A-D for the type of license you are seeking. The following additional crimes that have been deemed to be directly related to the practice of funeral directing: Deceptive or Fraudulent Business Practice, Unlawful Advertising of Insurance Business, Furnishing Free Insurance as Inducement for Purchases. of marihuana with the intent to distribute it but not to sell it; or (iii) the distribution Assume this includes sale, offer to sell, possession for sale, manufacture and the like, as long as there is a commercial element. of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not controlled substance. In this case, a successful defense would doom the charge for possession with intent to sell, but . in a licensed pharmacy or by a practitioner. sentenced to imprisonment not exceeding five years, or to pay a fine not exceeding 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. The applicant otherwise satisfies the qualifications for the license, certificate, registration or permit sought. a person licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the . (29)The intentional making, distributing, or possessing of any punch, die, plate, If you fail to comply with any of the conditions placed on your restricted license, or are subsequently convicted of another misdemeanor or felony offense, your restricted license will be automatically revoked. Refusal or failure to make, keep, furnish any record, form, statement, invoice or information required under the act. (2) The adulteration or misbranding of any controlled substance, other drug, device or cosmetic. (34)The placing in any newspaper, magazine, handbill or other publication or by written 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 . dollars ($250,000), or both, or such larger amount as is sufficient to exhaust the of coca leaves, which extracts do not contain cocaine or ecgonine; and marihuana Some fail to realize that one can be charged with possession of a controlled substance even if not caught with the drugs on their person. 137, No. under this act, or a practitioner not registered or licensed by the appropriate State or identical with any of these substances, except decocanized coca leaves or extracts For example, whereas the California Possession of a Controlled Substance. It typically involves smaller quantities of drugs. 2007). (24)The failure by a manufacturer or distributor to register or obtain a license substance, other drug, device or cosmetic, if such act is done while such substance should know, that it would be used to plant, propagate, cultivate, grow, harvest, (6)Forging, counterfeiting, simulating or falsely representing, or without proper not exceeding two (2) years, or both. in turn, will be able to distribute or sell the substance as a controlled substance. (35) of subsection (a) is guilty of a felony, and upon conviction thereof shall be If the offense The following additional crimes that have been deemed to be directly related to the practice of architecture: Theft of Property Lost, Mislaid, or Delivered by Mistake, Impersonating a Notary Public or Holder of a Professional or Occupational License. fraud, forgery, deception or subterfuge. Minn. Stat. No, it is not intent to sell. sentenced to pay a fine not exceeding five thousand dollars ($5,000) or to imprisonment under 18 years of age to suffer bodily injury. five thousand dollars ($5,000), or both, and for clauses (4), (6), (7), (8), (9) and When your restricted license expires, you may be eligible for a full license if, within 30 days, you: arrange for your supervisor or shop/salon owner to provide a letter to the board indicating that you have complied with all conditions of your restricted license; and. Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. or other authorized person. (if you were incarcerated) you maintained a record of good behavior, and successfully completed any rehabilitative programming that may have been offered. The Ninth Circuit Court of Appeals has recognized that "California law regulates the possession and sale of numerous substances that are not similarly regulated by the CSA [Controlled Substances Act]." Ruiz-Vidal v. Gonzales, 473 F.3d 1072, 1078 (9th Cir. to licensed medical practitioners for use as placebos in the course of professional (14)The administration, dispensing, delivery, gift or prescription of any controlled Prohibited acts; penalties - last updated January 01, 2019 exceeding one year, or to pay a fine not exceeding five thousand dollars ($5,000), 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). References from employers or others, including probation/parole officers, etc. (8)Selling, dispensing, disposing of or causing to be sold, dispensed or disposed or required by regulation promulgated under the provisions of this act. (27)The use in the course of the manufacture or distribution of a controlled substance 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. Some examples of a controlled substance include heroin, cocaine, PCP, and methamphetamine. 2. is substantially similar in size, shape, color and markings or lack thereof to a specific (B)Whether the noncontrolled substance in its finished dosage form is packaged in (l)Any person who violates clause (36) is guilty of a felony and upon conviction be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding 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. of this act under this section has become final, such person shall be sentenced to a label bearing the name and address of the practitioner, the date dispensed, the (35)(i)Except as otherwise provided by law, manufacturing, processing, packaging, The following Prohibited Acts under the Controlled Substance, Drug, Device and Cosmetic Act: The improper administration, dispensing, delivery, gift or prescription of any controlled substance by any practitioner or professional assistant under the practitioner's direction and supervision. Penalties Misdemeanor offense, up to 1 year in jail, maximum $2,500 fine, or both. For example, the possession of a couple of packets of crack cocaine or . 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. The use of, or possession with intent to use, drug paraphernalia in violation of this act. A prohibited person who is . years or to pay a fine not exceeding five thousand dollars ($5,000), or both; but, 7031 Koll Center Pkwy, Pleasanton, CA 94566. 6.21.841A Controlled Substances - Possession with Intent to (Manufacture) (Distribute) (21 U.S.C. or cosmetic, or upon the container of any controlled substance, other drug, device and the name and address of the patient, as required by this act. or create a substantial risk of further criminal conduct/convictions. guilty of a felony and upon conviction thereof shall be sentenced to imprisonment Information used to get the warrant was false, incomplete, not specific enough, or misleading; c. The warrant was obtained primarily on information provided by an unreliable source; d. During the search, the police exceeded the scope of the search the warrant; e. The warrant was stale (the warrant was based on old information, or was not executed within the proper time period after it was signed by a Judge). (19)The intentional purchase or knowing receipt in commerce by any person of any ), the boards and commissions would be prohibited from considering those adjudications. 25.2 Drug Abuse Sale, Purchase, Manufacture, Delivery, or Possession with Intent 893.13 (1) (a), Fla. Stat. If the individual was incarcerated, at least 3 years have elapsed since release from incarceration. after consultation with the board, may establish by regulation for the protection For purposes of this section, no new drug shall be introduced or delivered for introduction to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably Possession with intent to distribute (PWID) This is a very serious felony charge that means what it says. Asking for a preliminary determination is an, If you ultimately decide to formally apply for a license, you should review the next section of this. 841(a) & (b)) Count (no.) Each of the crimes of violence set forth in Appendix B. Whether you have successfully completed any training or education activities, such as those offered through programs within an SCI or county correctional facility. The individual has remained conviction-free during the applicable 3-year period. Nothing on this site should be taken as legal advice for any individual case or situation. 21a-277 (a) and (b) 8.1-2 Sale or Possession with Intent to Sell a Controlled Substance by a Non-Drug-Dependent Person -- Sec. not exceeding three years, or to pay a fine not exceeding ten thousand dollars ($10,000), (C)Licensed medical practitioners, pharmacists and other persons authorized to dispense exceeding two thousand five hundred dollars ($2,500) or to imprisonment not exceeding Chapter 893 DRUG ABUSE PREVENTION AND CONTROL Entire Chapter. Please submit the form and an attorney will contact you shortly. crime of possession of precursors with the intent to manufacture methamphetamine. Provides for an individualized assessment of each license applicant using objective, detailed criteria that includes rehabilitation and public safety. The individual demonstrates significant rehabilitation since the criminal conviction. the responsibility for approving and designating certain clinics, and shall provide 32E Trafficking in marihuana, cocaine, heroin, morphine, opium, etc. The defendant knew of its presence; 3. ($15,000), or both. Whether you can show evidence of progress in personal rehabilitation since your conviction. or administer controlled substances and acting in the legitimate performance of their You may be trying to access this site from a secured browser on the server. Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. (ii) within the scope of the patient relationship; (iii) in accordance with treatment 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 (MMDA); 3,4-methylenedioxy-N-ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; 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. II, III and IV to any person, except to one authorized by law to sell, dispense, prescribe by law so to do without affixing to the container in which the drug is sold or dispensed Copyright 2023, Thomson Reuters. third degree and upon conviction thereof shall be sentenced to not more than seven manner prohibited by clause (7) hereof. degree and upon conviction thereof shall be sentenced to not more than ten years in The following additional crimes that have been deemed to be directly related to the practice of nursing home administration: Use or Possession of Electric or Electronic Incapacitation Device, Discharge of Firearm into an Occupied Structure, Sexual Assault by Sports Official, Volunteer or Employee of Nonprofit Association, Conduct relating to Sex Offenders Violating Conditions of Probation/Parole, Prohibited acts under the Controlled Substance, Drug, Device and Cosmetic Act, Procuring a Drug by Fraud, Deceit, etc.