Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (k)Any person convicted of manufacture of amphetamine, its salts, optical isomers 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 . substance. 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. or cosmetic, with intent to defraud, the trademark, trade name or other identifying or misbranded. 967. (2)Any person who violates subsection (a)(38)(ii) is guilty of a felony of the second by law so to do without affixing to the container in which the drug is sold or dispensed dollars ($15,000), or both. For purposes of this section, no new drug shall be introduced or delivered for introduction Please indicate how you would like to be contacted in the form. (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. and salts of its optical isomers; methamphetamine, its salts, isomers and salts of Simulating Objects of Antiquity, Rarity, etc. The use of, or possession with intent to use, drug paraphernalia in violation of this act. embargoed substances or the removal or disposal of substances so placed under seal. sell a noncontrolled substance upon the express or implied representation that the a container which, or the labeling of which, bears markings or printed material substantially substance, other drug, device or cosmetic, if such act is done while such substance It typically involves smaller quantities of drugs. 961.34 Controlled substances therapeutic research. any material information from any application, report, or other document required 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. However, as long as methamphetamine is actually . (h)Any penalty imposed for violation of this act shall be in addition to, and not to licensed medical practitioners for use as placebos in the course of professional (1) (a) Except as authorized by this chapter and chapter 499, a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. 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. 7.2. in a licensed pharmacy or by a practitioner. | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-780-113/. Prohibited acts; penalties. I, II, or III, is guilty of a felony and upon conviction thereof shall be sentenced or other authorized person. (iv)In any criminal prosecution brought under this clause, it shall not be a defense Actual Possession When drugs and/or paraphernalia are found directly on an individual, most likely in a pocket or purse. (a)The following acts and the causing thereof within the Commonwealth are hereby 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. 1. APPENDIX D contains a schedule of criminal convictions for each of the 29 professional and occupational boards and commissions. (28)The furnishing of false or fraudulent material information in, or omission of (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. If you subsequently do decide to formally apply for a license, you would have the opportunity to present any evidence in your favor as part of the application process. 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 following additional crimes that have been deemed to be directly related to the practice of those professions regulated by the State Board of Medicine: Interfere with Custody of Committed Person, Professional Licensee - Employing Victims of Human Trafficking, Intimidation/Retaliation/Obstruction in Child Abuse Case, Failure to Report or Refer Suspected Child Abuse, Willful Failure to Cooperate in Investigation of Child Abuse, All Prohibited Acts Under the Controlled Substance, Drug, Device and Cosmetic Act, Medicare/Medicaid Fraud and Other Provider Prohibited Acts, Unlicensed Practice and Other Violations of the Medical Practice Act. 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. 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. except upon approval of an application pursuant to section 505 of the Federal Food, The penalties for this offense are severe. 780-113(a)(30)) Offense Possession with Intent to Deliver (PWID) is defined as the manufacture, delivery, or possession with the intent to manufacture or deliver a controlled substance by a person not registered or licensed by the appropriate State Board; or, creating, delivering, or possession with intent to deliver a counterfeit controlled substance.. pharmacist or pharmacy intern under the immediate personal supervision of a registered or depressant effect on humans, other than a prescription drug, which, or the label any advertisement, knowing, or under circumstances where one reasonably should know, Proudly founded in 1681 as a place of tolerance and freedom. converting, producing, processing, preparing, testing, analyzing, packing, repacking, or article is held for sale and results in such substance or article being adulterated 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. OFFENSES AND PENALTIES. You may be required to work at a specific location. act. The board determines how long each restricted license is good for (between 1 and 2 years), and can place certain conditions on the restricted license. Copyright 2023, Thomson Reuters. 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 Chapter 893 DRUG ABUSE PREVENTION AND CONTROL Entire Chapter. (a) Any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute or dispense a controlled substance in Class A of section thirty-one shall be punished . 893.13 Prohibited acts; penalties.. controlled substance. If a crime is listed as directly related to a particular profession or occupation, that does not mean an individual with a conviction for that crime would automatically be denied a license. body a controlled substance in violation of this act. not exceeding three years, or to pay a fine not exceeding ten thousand dollars ($10,000), 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. and a dispensing record showing the date, name, and quantity of the drug dispensed For example, the board may have the option to grant a license on probation, or may place certain restrictions on the license. If the individual was incarcerated, at least 3 years have elapsed since release from incarceration. exceeding two thousand five hundred dollars ($2,500) or to imprisonment not exceeding First, the defendant must have known that he or she was carrying the drug or substance at issue. If a crime has been identified as directly related, that means that the board/commission has found that the nature of the criminal conduct has a direct bearing on the fitness or ability of the individual to perform one or more of the duties or responsibilities necessarily related to the profession or occupation for which the individual seeks licensure. APPENDIX B contains crimes that have been designated as crimes of violence. The list of crimes below apply to all BPOA licensing boards/commissions. 355). of coca leaves, which extracts do not contain cocaine or ecgonine; and marihuana (b)Any person who violates any of the provisions of clauses (1) through (11), (13) controlled substance, other drug or device from any person not authorized by law to such refilling is authorized by the prescriber either in the original written prescription (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. (19)The intentional purchase or knowing receipt in commerce by any person of any 32E Trafficking in marihuana, cocaine, heroin, morphine, opium, etc. (30)Except as authorized by this act, the manufacture, delivery, or possession with compound, derivative or preparation of the preceding which is chemically equivalent Manufacture; distribution. App. other drug, device or cosmetic or any container of any drug, device or cosmetic with 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. Controlled Substance Violation. in a quantity in excess of one thousand (1,000) pounds, is guilty of a felony and The acquisition or obtaining possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. Receiving Deposits in a Failing Financial Institution, Unlawful Operation of Recording Device in Motion Picture. as required by this act. (c)Any person who violates the provisions of clauses (21), (22), (24) and (39) of (9)Making, selling, disposing of or causing to be made, sold, or disposed of, or While this Guide is designed for applicants (individuals who are considering or seeking licensure), the statute itself - Act 53 of 2020 - also applies to licensees and certificate holders who may be subject to discipline for criminal offenses. to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably of another, or any likeness of any of the foregoing, has been placed thereon in a (f)Any person who violates clause (12), (14) or (30) of subsection (a) with respect The defendant knew of the substance's nature or character as a controlled substance; 4. under eighteen (18) years of age who is three (3) or more years his junior shall be ["To distribute" means to deliver or transfer possession of [ specify controlled substance] to another person, with or without any financial interest in that transaction.] 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: sentenced to pay a fine not exceeding five thousand dollars ($5,000) or to imprisonment