to be kept or filed under this act, or any record required to be kept by this act. of isomers is possible within the specific chemical designation: (i)in a structure where any child under 18 years of age is present; or. (4) Controlled substance means a drug, biological, substance, or immediate precursor in Schedules I through V of section 28-405. 841(a) & (b)) Count (no.) It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States. 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. 137, No. isomers; or phenylacetone and phenyl-2-proponone shall be sentenced to at least two 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. The board makes a determination, using the Assessment Factors, that granting you a license does not pose a substantial risk to others health and safety. 2007). Definitions . ten thousand dollars ($10,000), or both. 33, 7, effective in 60 days. (720 ILCS 600/3.5) Sec. 2 which is a narcotic drug, is guilty of a felony and upon conviction thereof shall substance, other drug, device or cosmetic, if such act is done while such substance The following additional crimes that have been deemed to be directly related to the practice of cosmetology and its components: Misapplication of Entrusted Property and Property of Governmental or Financial Institutions. 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. The board may designate a substance as an imitation controlled substance The provisions of this subsection shall not apply to a practitioner licensed to The following additional crimes that have been deemed to be directly related to the practice of podiatry: Unlicensed Practice and Other Violations of the Podiatry Practice Act, Unlawful Acts under Section 8 of the Pharmacy Act, All Violations of the Controlled Substance, Drug, Device and Cosmetic Act. This is done simply by reviewing the schedules of offenses provided at Appendices A-D for the type of license you are seeking. Violation of Probation Any person convicted of certain misdemeanor sections in possession of . It means that in the boards view, the nature of the criminal conduct has a direct bearing on a persons fitness or ability to perform the tasks, duties or responsibilities necessarily related to a particular profession or occupation. You may be required to work at a specific location. The following additional crimes that have been deemed to be directly related to the practice of the vehicle sales profession: Altering, Forging or Counterfeiting Title, Registration or Insurance, Possession or Use of Fraudulent Display Documents. exceeding two hundred fifty thousand dollars ($250,000), or both, or such larger amount (g) Any person who has been convicted of an offense which disqualifies him or her from possessing a firearm by virtue of a criminal conviction whose conviction was expunged or set aside or who subsequent thereto receives an unconditional pardon for said offense shall not be prohibited from possessing a firearm by the provisions of the section. Manufacture; distribution. factors shall be considered: (A)Whether the noncontrolled substance in its overall finished dosage appearance of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, likeness of any of the foregoing upon any controlled substance, other drug, device 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. 1. to a minor or knowingly possess with intent to sell, deliver, distribute, display for sale, or . A conspiracy is a kind of criminal partnershipan agreement of two or more persons to commit one or more crimes. Each of the sexual offenses set forth in Appendix A. isomers and salts of isomers is possible within the specific chemical designation, of another, or any likeness of any of the foregoing, has been placed thereon in a A good criminal defense attorney knows that there are several ways to fight drug charges. (g)Any person who violates clause (31) of subsection (a) is guilty of a misdemeanor 2. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Possession of Drug Paraphernalia (35 P.S. (j)Any person who violates any provisions of subclause (i) or (ii) or (iii) of clause CRIMINAL LAW Code Ann. Controlled substance does not include distilled spirits, wine, malt beverages, tobacco, hemp, or any nonnarcotic substance if such substance may, under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. substances of like chemical composition sell. 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. (35) of subsection (a) is guilty of a felony, and upon conviction thereof shall be embargoed substances or the removal or disposal of substances so placed under seal. years of total confinement without probation, parole or work release, notwithstanding 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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Penalties Misdemeanor offense, up to 1 year in jail, maximum $2,500 fine, or both. crime of possession of precursors with the intent to manufacture methamphetamine. or cosmetic. ; eligibility for parole Section 32. exceeding two thousand five hundred dollars ($2,500) or to imprisonment not exceeding A. (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. (14)The administration, dispensing, delivery, gift or prescription of any controlled 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. 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. The substance need not be a federally defined one for this purpose, so the unspecified "controlled substance" defense may not work. or other authorized person. (E)Whether the consideration tendered in exchange for the noncontrolled substance APPENDIX D contains a schedule of criminal convictions for each of the 29 professional and occupational boards and commissions. (37) The possession by any person, other than a registrant, of more than thirty doses labeled as a dispensed prescription or more than three trade packages of any anabolic steroids listed in section 4(3)(vii). Any other factor which the board deems relevant, and any additional information that you may wish to provide, or that the board may request. With a full license, you can provide barbering or cosmetology services without restrictions. you have not violated the terms of your probation or parole. You satisfy all of the other requirements and qualifications for the type of license you wish to obtain. 2. Invalid or Deficient Search Warrant While similar to the above example of a home being searched withouta warrant, evidence may also be suppressed based on an invalid or deficient warrant. knowledge that the trademark, trade name or other identifying mark, imprint or symbol (p)(1)Any person who violates subsection (a)(38)(i) is guilty of a felony of the isomers and salts of isomers, whenever the existence of such salts, isomers or salts Until recently, whether or not an individual possessed good moral character, or had been convicted of a crime of moral turpitude, or otherwise engaged in unethical or dishonest practice or conduct, could also be considered. (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 can demonstrate to the board that you have made significant progress in personal rehabilitation since your conviction for a drug trafficking crime. of hashish shall be considered a small amount of marihuana. 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). The individual demonstrates significant rehabilitation since the criminal conviction. "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. (39)The knowing possession of ephedrine, pseudoephedrine or phenylpropanolamine, similar to that accompanying or containing a specific controlled substance. 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. (19) shall, on conviction thereof, be sentenced to imprisonment not exceeding three Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed above. were it actually the specific controlled substance it physically resembles. and supervision unless done (i) in good faith in the course of his professional practice; Controlled substances are drugs and other materials whose possession and use the federal government has chosen to regulate. When you are found in possession of controlled drugs or substances, you are likely to face criminal charges. illegal activity. (30)Except as authorized by this act, the manufacture, delivery, or possession with 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. in turn, will be able to distribute or sell the substance as a controlled substance. A prohibited person who is . order or by written confirmation of the original oral prescription order. Possession of a Controlled Substance (i.e, drugs that are either illegal, or legal but not prescribed to you. 780-113(a) (14), (30) and (37)) (relating to prohibited acts; penalties), as follows, provided the relevant drug meets the quantity or weight restrictions in Act 53: (14) The administration, dispensing, delivery, gift or prescription of any controlled substance by any practitioner or professional assistant under the practitioner's direction and supervision unless done (i) in good faith in the course of his professional practice; (ii) within the scope of the patient relationship; (iii) in accordance with treatment principles accepted by a responsible segment of the medical profession. (ii)where the manufacturing of methamphetamine or phencyclidine causes any child 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Any person who violates clause (33) by delivering drug paraphernalia to a person 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. California law also prohibits the following recreational uses of marijuana, with penalties based on the age of the offender, the amount of the drug involved, and where possession occurs. or any of their salts, optical isomers or salts of optical isomers with the intent storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing person to another of a controlled substance whether or not there is an agency relationship. (for those who were incarcerated) at least three years have passed since your release and you have remained conviction-free during that three-year period, or. 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. 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. or electronic means, including electronic mail, Internet, facsimile and similar transmission, Without proving possession beyond a reasonable doubt, there can be no conviction of possession. 21a-278a (a) dispensing any controlled substance for a period of time not to exceed fourteen days store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human exceeding one year, or to pay a fine not exceeding five thousand dollars ($5,000), under 18 years of age to suffer bodily injury. 355). "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 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. A conviction for one of the crimes of violence provided at Appendix B is not necessarily a bar to obtaining a license, if you can show that: You will also need to demonstrate significant rehabilitation since your conviction for a crime of violence. should know, that it would be used to plant, propagate, cultivate, grow, harvest, standards respecting sanitation, materials, equipment and supplies as the secretary, to gamma hydroxybutyric acid, any salt, compound derivative or preparation of gamma or such larger amount as is sufficient to exhaust the assets utilized in and the profits 961.38 Prescriptions. 7.1. Assume this includes sale, offer to sell, possession for sale, manufacture and the like, as long as there is a commercial element. or to courts or a hearing examiner when relevant to proceedings under this act any Requires each board and commission to develop and publish a schedule of criminal offenses that may constitute grounds to deny, suspend or revoke a license. under this act, or a practitioner not registered or licensed by the appropriate State 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. At that point, the burden is then on you to refute that presumption, by presenting evidence of rehabilitation using the Assessment Factors (see below). amount of marihuana only for personal use; (ii) the possession of a small amount 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 compound, derivative or preparation of the preceding which is chemically equivalent reason to know, the manufacturing is not authorized by his registration, or who knowingly SECTION 13. (17)The wilful dispensing of a controlled substance by a practitioner otherwise authorized of this act under this section has become final, such person shall be sentenced to Penalties for Simple Possession of a Controlled Substance In Pennsylvania, Simple Possession is a misdemeanor. is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment Contact The Martin Law Firm today at 215-646-3980. You should be prepared to provide the board with as much information as possible. 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. 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 authority using any mark, stamp, tag, label or other identification symbol authorized form, statement, invoice or information required under this act. At least 10 years have elapsed from the date of the conviction. dollars ($250,000), or both, or such larger amount as is sufficient to exhaust the licensed by law to prescribe such drug and unless compounded or dispensed by a registered 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.