intent to possess controlled substance by person not registered intent to possess controlled substance by person not registered

controlled substance. (9)Making, selling, disposing of or causing to be made, sold, or disposed of, or subsection (a) shall be guilty of a misdemeanor, and shall, on conviction thereof, 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. 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. However, as long as methamphetamine is actually . Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. or to courts or a hearing examiner when relevant to proceedings under this act any to gamma hydroxybutyric acid, any salt, compound derivative or preparation of gamma under eighteen (18) years of age who is three (3) or more years his junior shall be into the human body a controlled substance in violation of this act. You should be prepared to provide the board with as much information as possible. 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. Ten (10) years have elapsed since the date of the conviction. application or an exemption for investigational use within the meaning of section 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. not exceeding three years, or to pay a fine not exceeding fifteen thousand dollars 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. compound, derivative or preparation of the preceding which is chemically equivalent Therefore, it is not uncommon for individuals who wish to become licensed barbers or cosmetologists to have convictions on their record. 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. Whether you can show evidence of progress in personal rehabilitation since your conviction. sell a noncontrolled substance upon the express or implied representation that the imprisonment not exceeding two years, or to pay a fine not exceeding twenty-five thousand This requires two things. 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, Provider prohibited acts (relating to Medical Assistance Fraud and Abuse), Unlicensed practice of Chiropractic and other violations of the Chiropractic Practice Act, Offenses related to Workers Compensation Fraud, False Statements Relating to Health Care Matters. (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. fraud, forgery, deception or subterfuge. not exceeding six months, or to pay a fine not exceeding ten thousand dollars ($10,000), (ii) within the scope of the patient relationship; (iii) in accordance with treatment Additionally, the Commonwealth may establish the elements of a crime entirely by circumstantial evidence. The intentional purchase or knowing receipt in commerce by any person of any controlled substance, other drug or device from any person not authorized by law to sell, distribute, dispense or otherwise deal in such controlled substance, other drug or device. board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit substantially exceeds the reasonable value of the substance, considering the actual Contact us. Possession of a controlled substance isn't necessarily a crime. ; eligibility for parole Section 32. 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. dispensing any controlled substance for a period of time not to exceed fourteen days (h)Any penalty imposed for violation of this act shall be in addition to, and not of objects designed or intended for use as drug paraphernalia. or cosmetic, or upon the container of any controlled substance, other drug, device not exceeding two (2) years, or both. embargoed substances or the removal or disposal of substances so placed under seal. isomers and salts of isomers, whenever the existence of such salts, isomers or salts APPENDIX C contains a list of drug trafficking offenses under section 3113(i) of Act 53. (C)Licensed medical practitioners, pharmacists and other persons authorized to dispense (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. pharmacist or pharmacy intern under the immediate personal supervision of a registered by law so to do without affixing to the container in which the drug is sold or dispensed 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). 21a-278a (a) Provides a process for individuals who have criminal convictions to request a preliminary determination as to whether a particular conviction will be a bar to licensure. 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. (37)The possession by any person, other than a registrant, of more than thirty doses manner prohibited by clause (7) hereof. ["To distribute" means to deliver or transfer possession of [ specify controlled substance] to another person, with or without any financial interest in that transaction.] Please indicate how you would like to be contacted in the form. isomers and salts of isomers is possible within the specific chemical designation, 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. (5)The adulteration, mutilation, destruction, obliteration or removal of the whole (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. (3)The dissemination or publication of any false or materially misleading advertisement. 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. guilty of a misdemeanor of the second degree and upon conviction thereof shall be 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.