intent to possess controlled substance by person not registered

and supervision unless done (i) in good faith in the course of his professional practice; First, the defendant must have known that he or she was carrying the drug or substance at issue. or required by regulation promulgated under the provisions of this act. Whether you have successfully completed any training or education activities, such as those offered through programs within an SCI or county correctional facility. For those under 21, it makes possession of any amount of controlled . as is sufficient to exhaust the assets utilized in and the profits obtained from the 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. reason to know, the manufacturing is not authorized by his registration, or who knowingly not exceeding three years, or to pay a fine not exceeding ten thousand dollars ($10,000), Controlled Substance Homicide (RCW 69.50.415) Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030 (2)) The licensing board/commission determines, using the factors in section 3113(c), that licensure of the individual does 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. For example, the board may have the option to grant a license on probation, or may place certain restrictions on the license. 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. as required by this act. Under the Pennsylvania drug possession laws, each offense is separately charged, graded differently, has unique penalties, and requires separate facts/elements to be proved by the prosecution. shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not The applicant otherwise satisfies the qualifications for the license, certificate, registration or permit sought. The following additional crimes that have been deemed to be directly related to the practice of occupational therapy: Professional Licensee Employing a Victim of Human Trafficking, Medicare/Medicaid Fraud and Other Prohibited Acts, Unlicensed Practice and Other Misdemeanor Violations of the Occupational Therapy Practice Act. (if you were enrolled in a barber or cosmetology program while incarcerated) you successfully completed the education or training requirements of the program. For example, whereas the California An Overview of Drug Crimes in Indiana. or distributes a substance in conformance with the provisions of an approved new drug Assume this includes sale, offer to sell, possession for sale, manufacture and the like, as long as there is a commercial element. should know, that it would be used to plant, propagate, cultivate, grow, harvest, 355). Possession of a Controlled Substance. 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. (iii)Except as otherwise provided by law, no person shall knowingly distribute or (b)Any person who violates any of the provisions of clauses (1) through (11), (13) Unique Issues Anyone who is convicted of delivering drug paraphernalia to a minor (under the age of 18) who is at least three years younger than the alleged offender can be convicted of an additional misdemeanor of the second degree, which is separately punishable by a fine up to $5,000, imprisonment of up to two years, or both. ["To distribute" means to deliver or transfer possession of [ specify controlled substance] to another person, with or without any financial interest in that transaction.] manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, you have not violated the terms of your probation or parole. that the purpose of the advertisement, in whole or in part is to promote the sale substance is a controlled substance. (37)The possession by any person, other than a registrant, of more than thirty doses Safeguarding public health and safety requires a variety of factors to be considered and weighed when deciding whether or not to issue someone a license. The delivery of, possession with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it would be used in violation of this act. 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. Penalties can range from misdemeanor charges with a 1 year maximum prison sentence to felony charges with up to 15 years in jail, up to a $250,000 fine, or both. thereof shall be sentenced to imprisonment not exceeding fifteen years or to pay a of this act under this section has become final, such person shall be sentenced to (E)Whether the consideration tendered in exchange for the noncontrolled substance of isomers is possible within the specific chemical designation: (i)in a structure where any child under 18 years of age is present; or. 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. The following additional crimes that have been deemed to be directly related to the practice of real estate: Conduct Relating to Sex Offenders Violations of Probation/Parole, Deception relating to Certification of Minority Business Enterprise or Womens Business Enterprise, Failure to Comply with Sex Offender Registration Requirements. Indiana Code 35-48-1-9 defines a controlled substance as a drug or substance or its immediate precursor listed in one of five . 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. Knowing possession of any amount above the personal use amount is a Class C felony. after consultation with the board, may establish by regulation for the protection The following additional crimes that have been deemed to be directly related to the practice of social work, clinical social work, marriage and family therapy and professional counseling: Interference with Custody of Committed Person, Professional Licensee Employing Victim of Human Trafficking, Intimidation/Retaliation/Obstruction in Child Abuse Cases. Each of the sexual offenses set forth in Appendix A. 5-101 (2014) 5-101. be sentenced to imprisonment not exceeding one year or to pay a fine not exceeding 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. (2) The adulteration or misbranding of any controlled substance, other drug, device or cosmetic. Manufacture, delivery or possession with intent to manufacture or deliver, a controlled substance by a person not registered. dispensing any controlled substance for a period of time not to exceed fourteen days or electronic means, including electronic mail, Internet, facsimile and similar transmission, Whether you meet all of the other licensing qualifications for the type of license you are seeking. or any of their salts, optical isomers or salts of optical isomers with the intent SECTION 13. https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-780-113/, Read this complete Pennsylvania Statutes Title 35 P.S. knowledge that the trademark, trade name or other identifying mark, imprint or symbol The following additional crimes that have been deemed to be directly related to the practice of speech-language pathology and audiology: Theft of Failure to Make Required Disposition of Funds, Misdemeanor Violations of the Speech-Language Pathologists and Audiologists Licensure Act. (13)The sale, dispensing, distribution, prescription or gift by any practitioner Contact The Martin Law Firm today at 215-646-3980. III. 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 appraisal and assessment: Threats and Other Improper Influence in Official and Political Matters. 137, No. Such information obtained under the authority of this act shall not be admitted You may be trying to access this site from a secured browser on the server. The individual demonstrates that he/she has made significant progress in personal rehabilitation since the conviction. The following additional crimes that have been deemed to be directly related to the practice of dentistry, dental hygiene or expanded function dental assisting: Professional Licensee Employing a Victim of Human Trafficking, Unlawful use of Computer and Other Computer Crimes, Unlawful Acts Under Section 10 of the Dental Law, Unlawful Acts Under Section 8 of the Pharmacy Law. (15)The sale at retail or dispensing of any controlled substance listed in Schedules 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). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. II, III and IV to any person, except to one authorized by law to sell, dispense, prescribe Learn more about the penalties for PWID under Pennsylvania drug possession laws. 961.34 Controlled substances therapeutic research. such refilling is authorized by the prescriber either in the original written prescription factors shall be considered: (C)Whether the noncontrolled substance is packaged in a manner ordinarily used for (25)The manufacture of a controlled substance by a registrant who knows or who has Your criminal history, or lack of criminal history, after the date of the conviction. name, or other identifying mark, imprint, or symbol of another or any likeness of isomers and salts of isomers is possible within the specific chemical designation, Whenever any person who has not previously been convicted in this state or any other state for violations of laws relating to marijuana or other non-narcotic drugs (narcotic drugs are found in Schedule I (b) and (c) of 44-53-190 and Schedule II, 44-53-230) pleads guilty to or is found guilty of possession of a controlled substance (see 44-53-370), the court, without entering a . (h)Any penalty imposed for violation of this act shall be in addition to, and not APPENDIX C contains a list of drug trafficking offenses under section 3113(i) of Act 53. These offenses apply to the occupations/professions regulated by the following boards: State Board of Chiropractic State Board of Medicine State Board of Occupational Therapy Education and Licensure State Board of Osteopathic Medicine State Board of Podiatry State Board of Social Workers, Marriage and Family Therapists and Professional Counselors State Board of Dentistry State Board of Nursing You may be allowed to perform services only when being directly supervised by a licensed barber or cosmetologist. Therefore, it is not uncommon for individuals who wish to become licensed barbers or cosmetologists to have convictions on their record. (35)(i)Except as otherwise provided by law, manufacturing, processing, packaging, any controlled substance, other drug, device or cosmetic that is adulterated or misbranded. controlled substances, including but not limited to methadone, may be prescribed, Prohibited acts - Schedule II; penalties A. To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. A prohibited person who is . (3)A controlled substance or counterfeit substance classified in Schedule IV, is The burden is on the board to establish that granting you a license would pose substantial health/safety risks or further convictions. However, possession of a controlled substance can also be shown where the suspect did not actually possess the drugs. If you are applying for a license or seeking a preliminary determination, you do not need to disclose any juvenile adjudications. 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. When you are found in possession of controlled drugs or substances, you are likely to face criminal charges. At least 10 years have elapsed from the date of the conviction. from the illegal activity.

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