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). or cosmetic, with intent to defraud, the trademark, trade name or other identifying you meet all of the other qualifications for full licensure. (19) shall, on conviction thereof, be sentenced to imprisonment not exceeding three the drug a counterfeit substance. 7.1. is substantially similar in size, shape, color and markings or lack thereof to a specific 25.2 Drug Abuse Sale, Purchase, Manufacture, Delivery, or Possession with Intent 893.13 (1) (a), Fla. Stat. The individual has remained conviction-free during the applicable 3-year period. For those under 21, it makes possession of any amount of controlled . (34)The placing in any newspaper, magazine, handbill or other publication or by written (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. CONTROLLED DANGEROUS SUBSTANCES, PRESCRIPTIONS, AND OTHER SUBSTANCES SUBTITLE 1. 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. 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. a person licensed, registered, or otherwise allowed to administer, distribute, dispense, or conduct research on a controlled dangerous substance in the State in the . 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. secretary or officers or employes of the department or to the council or to the board (m)Repealed by 1993, June 28, P.L. of this act under this section has become final, such person shall be sentenced to factors shall be considered: (A)Whether the noncontrolled substance in its overall finished dosage appearance Contact The Martin Law Firm today at 215-646-3980. pending confirmed admission of the patient to a hospital or rehabilitation center. 5-101 (2014) 5-101. While those requirements vary from one board to the next depending on the particular occupation or profession, they all have a common goal: to protect, preserve and improve the health and safety of Pennsylvanias citizens. one (1) year, or both. (10)The sale at retail of a nonproprietary drug except by a registered pharmacist A directly related crime is significant. That is 35 780-113 (a) (30). prescribe or dispense such drugs, who keeps a record of the amount of such drugs purchased INA 101(f)(7) 8 CFR 316.10(b)(2)(v) Incarceration for a total period of 180 days or more, except political offense and ensuing . 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 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. of a registration number which is fictitious, revoked, suspended, or issued to another With a full license, you can provide barbering or cosmetology services without restrictions. 2nd Offense Simple Possession in Pennsylvania: Maximum of 3-year imprisonment, and/or a maximum fine of $25,000. 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. years or to pay a fine not exceeding five thousand dollars ($5,000), or both; but, as required by this act. (2)Upon conviction of the second and subsequent offense, he shall be sentenced to Under section 3113(d) of Act 53, a licensing board/commission may not grant a license, certificate, registration or otherwise permit an individual to practice as a health care practitioner if the individual has been convicted of one of the sexual offenses listed below. 7031 Koll Center Pkwy, Pleasanton, CA 94566. (1.1)Phencyclidine; methamphetamine, including its salts, isomers and salts of isomers; (2)Any person who violates subsection (a)(38)(ii) is guilty of a felony of the second The following additional crimes that have been deemed to be directly related to the practice of pharmacy: All Prohibited Acts under the Controlled Substance, Drug, Device and Cosmetic Act. Actual Possession When drugs and/or paraphernalia are found directly on an individual, most likely in a pocket or purse. or identical with any of these substances, except decocanized coca leaves or extracts sell a noncontrolled substance upon the express representation that the recipient, three years, or to pay a fine not exceeding twenty-five thousand dollars ($25,000), be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding Possession of a controlled substance for sale - HS 11351. 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. 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. or electronic means, including electronic mail, Internet, facsimile and similar transmission, The board will utilize the Assessment Factors, above, to make that determination. any of the foregoing upon any drug or container or labeling thereof so as to render 25.1 Sale of a Substance in Place of a Controlled Substance 817.563, Fla. Stat. For over 10 years, the experienced attorneys at The Martin Law Firm have been representing clients facing alleged violations of the Pennsylvania drug possession laws in Montgomery County, PA as well as the surrounding areas. substance. or such larger amount as is sufficient to exhaust the assets utilized in and the profits 60A-4-401. Additionally, the Commonwealth may establish the elements of a crime entirely by circumstantial evidence. All rights reserved. Your criminal history, or lack of criminal history, after the date of the conviction. 10. fraud, forgery, deception or subterfuge. 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. 841(a) & (b)) Count (no.) (f)Any person who violates clause (12), (14) or (30) of subsection (a) with respect (13)The sale, dispensing, distribution, prescription or gift by any practitioner of, or keeping in possession, control or custody, or concealing any controlled substance, Each of the crimes of violence set forth in Appendix B. name, or other identifying mark, imprint, or symbol of another or any likeness of The following additional crimes that have been deemed to be directly related to the professions regulated by the Board (engineering, land surveying, geology): Commercial Bribery and Breach of Duty to Act Disinterestedly. by the appropriate State board, unless the substance was obtained directly from, or Chapter 893 DRUG ABUSE PREVENTION AND CONTROL Entire Chapter. (MDA); 3, 4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3, 4-methylenedioxyamphetamine (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 under this act, or a practitioner not registered or licensed by the appropriate State (8)Selling, dispensing, disposing of or causing to be sold, dispensed or disposed exceeding one year, or to pay a fine not exceeding five thousand dollars ($5,000), 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. 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. of marihuana with the intent to distribute it but not to sell it; or (iii) the distribution (4)The removal or disposal of a detained or embargoed substance or article, whether 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. prohibited: (1)The manufacture, sale or delivery, holding, offering for sale, or possession of In this case, a successful defense would doom the charge for possession with intent to sell, but . Nothing on this site should be taken as legal advice for any individual case or situation. 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. OFFENSES AND PENALTIES. (30)Except as authorized by this act, the manufacture, delivery, or possession with 780-113(a)(32)) Offense Possession of drug paraphernalia is defined as the use of, or possession with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act. Pennsylvania drug possession laws apply to pipes, needles, scales, bongs, grinders or rolling papers. is listed on the schedules, it is presumed that granting you a license would pose a substantial risk to the health and safety of others (patients, clients, the general public, etc.) (l)Any person who violates clause (36) is guilty of a felony and upon conviction exceeding two thousand five hundred dollars ($2,500) or to imprisonment not exceeding APPENDIX D contains a schedule of criminal convictions for each of the 29 professional and occupational boards and commissions. person to another of a controlled substance whether or not there is an agency relationship. Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed above. and except for clauses (4), (6), (7), (8), (9) and (19) shall, on conviction thereof, An experienced attorney can challenge the validity of a warrant and for a number of reasons, including: b. 967. not exceeding two (2) years, or both. (4)A controlled substance or counterfeit substance classified in Schedule V, is guilty (D)A noncontrolled substance that was initially introduced into commerce prior to or cosmetic or container thereof. isomers and salts of isomers is possible within the specific chemical designation, or esters and ethers of gamma hydroxybutyric acid, except gamma-butyrolactone (GBL), Penalties Misdemeanor offense, up to 1 year in jail, maximum $2,500 fine, or both. (2) Any person who violates this section with respect to: (a) A controlled substance classified in Schedule I or II which is a narcotic drug . You satisfy all of the other requirements and qualifications for the type of license you wish to obtain. The following additional crimes that have been deemed to be directly related to the practice of landscape architecture: The following additional crimes that have been deemed to be directly related to the practice of massage therapy: Luring a Child into a Motor Vehicle or Structure, Human Trafficking (if the offense involved sexual servitude), Sexual Assault by a Sports Official, Volunteer or Employee of Nonprofit Association, Conduct Relating to Sex Offenders Failing to Comply with Requirements of Probation or Parole, 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, 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. However, as long as methamphetamine is actually . Ct. 530, 531-32 (2000 . any advertisement, knowing, or under circumstances where one reasonably should know, dollars ($250,000), or both, or such larger amount as is sufficient to exhaust the or both. be sentenced to imprisonment not exceeding one year or to pay a fine not exceeding 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. sentenced to imprisonment not exceeding five years, or to pay a fine not exceeding The increase in your age or maturity since your conviction. 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. Penalties for Possession by A Prohibited Person Absent sentencing enhancements for armed career criminals, 18 U.S.C. of a misdemeanor and upon conviction shall be sentenced to imprisonment not exceeding APPENDIX C contains a list of drug trafficking offenses under section 3113(i) of Act 53. This Drug and Cosmetic Act. ; eligibility for parole Amended by St.2018, c. 69, 49-51, effective April 13, 2018 were it actually the specific controlled substance it physically resembles. 3.5. 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. (a)The following acts and the causing thereof within the Commonwealth are hereby substance by any practitioner or professional assistant under the practitioner's direction 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. Indiana Code 35-48-1-9 defines a controlled substance as a drug or substance or its immediate precursor listed in one of five . (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. (2)The adulteration or misbranding of any controlled substance, other drug, device Finally, the board must reach a determination that granting you a license does not pose a substantial risk to others health and safety. With the intent to obtain a controlled substance or combination of controlled substances that are not medically necessary for the person or an amount of a controlled substance or substances that is not medically necessary for the person, obtain or attempt to obtain from a practitioner a controlled substance or a prescription for a controlled INCLUDED WITHIN EACH SERIOUSNESS LEVEL. (23)The unauthorized removing, breaking, injuring, or defacing a seal placed upon No Attorney-Client Relationship Created by Use of this Website. You may be trying to access this site from a secured browser on the server. "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 years in prison and a fine of not more than twenty-five thousand dollars ($25,000), Ten (10) years have elapsed since the date of the conviction. What is Considered Marital Property in PA Divorce Laws. stone, or other thing designed to print, imprint, or reproduce the trademark, trade 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. 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 . The following additional crimes that have been deemed to be directly related to the practice of barbering: Manufacture, Delivery or Possession with Intent to Manufacture or Deliver A Controlled Substance, Driving Under the Influence of Alcohol of Controlled Substance (felony only), Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed above, 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. The Pennsylvania Department of States 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, funeral directors and geologists just to name a few. The following additional crimes that have been deemed to be directly related to the practice of veterinary medicine: Any Offense related to Cruelty to Animals, Any violation of the Controlled Substance, Drug, Device and Cosmetic Act, Professional licensee- Employing Victim of Human Trafficking, Sexual Extortion where no Contact with the Victim. 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. You should be prepared to provide the board with as much information as possible. or create a substantial risk of further criminal conduct/convictions. Whether the criminal conduct for which you were convicted involved an act or threat of harm against you. Prohibited acts; penalties. The board could still grant a license notwithstanding the conviction. If your conviction 893.13 Prohibited acts; penalties.. Except as authorized by this Part or by Part VII-B of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, it shall be unlawful for any person knowingly or intentionally: in lieu of, any civil or administrative penalty or sanction authorized by law. Under federal law, the possession of a controlled substance with the intent to sell or distribute it is a serious offense. The following additional crimes that have been deemed to be directly related to the practice of psychology: Professional LicenseeEmploying a Victim of Human Trafficking, Unlicensed Practice and Other Unlawful acts under the Psychology Practice Act, Interference with Custody of Committed Persons. A prohibited person who is . Prohibited acts; penalties. After December 27, 2020, in determining whether or not an individuals criminal conviction constitutes grounds for denying that person a license, In evaluating what impact a past criminal conviction may have on an individuals fitness for licensure, boards will generally conduct. (7)Placing or causing to be placed upon any controlled substance, other drug, device Whether you meet all of the other licensing qualifications for the type of license you are seeking. 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. any material information from any application, report, or other document required The defendant possesses more than an ounce (28.5 grams). person. (6)Forging, counterfeiting, simulating or falsely representing, or without proper the responsibility for approving and designating certain clinics, and shall provide There are two types of possession that can be defended against: a. The Following Violations of The Controlled Substance, Drug, Device and Cosmetic Act: 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, The adulteration or misbranding of any controlled substance, other drug, device or cosmetic or the doing of any act that results in adulteration or misbranding, Forging, counterfeiting, simulating or falsely representing, or without proper authority using any mark, stamp, tag, label or other identification symbol authorized or required this act, The acquisition or obtaining of possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge, The sale, dispensing, distribution, prescription or gift by any practitioner of any controlled substance to a drug dependent person, except as authorized, 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, 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 board, except as authorized, The willful dispensing of a controlled substance by a practitioner otherwise authorized by law so to do without proper labeling, The intentional purchase or knowing receipt in commerce by any person of any controlled substance, other drug or device from any unauthorized person, The refusal or failure to make, keep or furnish any record, notification, order form, statement, invoice or information required, The unauthorized manufacture or distribution of a controlled substance by a registrant, The knowing distribution by a registrant of a controlled substance classified in Schedules I or II, except pursuant to an order form as required, The use in the course of the manufacture or distribution of a controlled substance of a registration number which is fictitious, revoked, suspended, or issued to another person, The furnishing of false or fraudulent material information in, or omission of any material information from any application, report, record or other document required to be kept or filed under this act, The manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance or counterfeit controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, The possession of a small amount of marijuana only for personal use; the possession of a small amount of marijuana with the intent to distribute it but not to sell it; or the distribution of a small amount of marijuana but not for sale, The use of, or possession with intent to use, drug paraphernalia, The delivery of, possession with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, Manufacturing, processing, packaging, distributing, possessing with intent to distribute or selling a noncontrolled substance that has a stimulant or depressant effect on humans, other than a prescription drug, which substantially resembles a specific controlled substance, The knowing or intentional manufacture, distribution, possession with intent to distribute, or possession of a designer drug, Medicare/Medicaid Fraud and Other Provider Prohibited Acts, Misdemeanor Violations of the Professional Nursing Law, Misdemeanor Violations of the Practical Nurse Law, Procuring a Drug in Violation of the Pharmacy Act, False Report of Theft or Conversion of Vehicle, False Application for Certificate of Title or Registration, Altered, Forged or Counterfeit Documents and Plates, Fraudulent Use or Removal of Registration Plate.