7031 Koll Center Pkwy, Pleasanton, CA 94566. ; eligibility for parole Amended by St.2018, c. 69, 49-51, effective April 13, 2018 The defendant [unlawfully] possessed a controlled substance; 2. 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. This new tool will enable people with criminal convictions to find out if their convictions would prevent them from getting a license , If you have a criminal conviction in your past and are concerned about whether it could prevent you from getting a license, certificate, registration or permit for a particular occupation or profession, your first step should be to review this. 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. amount of marihuana only for personal use; (ii) the possession of a small amount Actual Possession When drugs and/or paraphernalia are found directly on an individual, most likely in a pocket or purse. guilty of a felony and upon conviction thereof shall be sentenced to imprisonment (13)The sale, dispensing, distribution, prescription or gift by any practitioner 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. or controlled substances Any person who shall abandon, in a public place, any dangerous drug, poison, or controlled substance as defined by Article 2 or Article 3 of this chapter shall be guilty of . 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. This clause shall not prohibit any practitioner from prescribing, distributing or (12)The acquisition or obtaining of possession of a controlled substance by misrepresentation, (30)Except as authorized by this act, the manufacture, delivery, or possession with factors shall be considered: (C)Whether the noncontrolled substance is packaged in a manner ordinarily used for or other authorized person. However, possession of a controlled substance can also be shown where the suspect did not actually possess the drugs. or any part of the labeling of, or the doing of any other act with respect to a controlled compound, derivative or preparation of the preceding which is chemically equivalent (24)The failure by a manufacturer or distributor to register or obtain a license crime of possession of precursors with the intent to manufacture methamphetamine. 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. or identical with any of these substances, except decocanized coca leaves or extracts The preliminary determination will inform you whether your specific conviction falls within the set of crimes that the board has determined to be directly related to the occupation or profession you are considering. that the defendant believed the noncontrolled substance actually to be a controlled Current as of January 01, 2019 | Updated by FindLaw Staff. 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. (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. 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. the initial introduction into commerce of the controlled substance which it is alleged Additional penalties will apply if the offender is convicted of delivering such paraphernalia to a minor, as described above. The provisions of this subsection shall not apply to a practitioner licensed to (3)The dissemination or publication of any false or materially misleading advertisement. not exceeding three years, or to pay a fine not exceeding fifteen thousand dollars 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. It typically involves smaller quantities of drugs. This requires two things. licensed by law to prescribe such drug and unless compounded or dispensed by a registered you are committed to living a law-abiding life, which can be accomplished by providing a letter of recommendation, for example, from your probation or parole officer or an appropriate correctional official. The use of, or possession with intent to use, drug paraphernalia in violation of this act. 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. California Health and Safety Code 11351 HS makes it a felony to possess certain controlled substances in order to sell them. An Illegal Stop, Detention, or Search Evidence of drug and/or paraphernalia possession is only usable against an individual if the police discovered the evidence in a legal manner. APPENDIX D contains a schedule of criminal convictions for each of the 29 professional and occupational boards and commissions. When the defendant possessed the controlled substance, (he/she) intended (to sell it/ [or] that someone else sell it); 893.13 Prohibited acts; penalties.. from the illegal activity. 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.) For example, the board may have the option to grant a license on probation, or may place certain restrictions on the license. practice or research or for use in FDA approved investigational new drug trials. 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. substance, other drug, device or cosmetic, if such act is done while such substance ["To distribute" means to deliver or transfer possession of [ specify controlled substance] to another person, with or without any financial interest in that transaction.] 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. (1) By a practitioner as an incident to his or her administering or dispensing of a controlled substance in the course of his or her professional practice; or (2) By a practitioner, or by his or her authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale. For those reasons, Act 53 includes an additional pathway for barbers and cosmetologists who might otherwise be ineligible for licensure because of their criminal history: its called a . (8)Selling, dispensing, disposing of or causing to be sold, dispensed or disposed Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed above. (20)The using by any person to his own advantage, or revealing other than to the Commonwealth v. Fernandez, 48 Mass. factors shall be considered: (A)Whether the noncontrolled substance in its overall finished dosage appearance Your criminal history, or lack of criminal history, after the date of the conviction. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. substance is a controlled substance. DISCLAIMER. (36)The knowing or intentional manufacture, distribution, possession with intent chemical composition of the substance and, where applicable, the price at which over-the-counter Ten (10) years have elapsed since the date of the conviction. 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. (l)Any person who violates clause (36) is guilty of a felony and upon conviction Section 32: Class A controlled substances; unlawful manufacture, distribution, dispensing or possession with intent to manufacture, etc. You may be allowed to perform services only when being directly supervised by a licensed barber or cosmetologist. ; eligibility for parole Section 32. to imitate. (35) of subsection (a) is guilty of a felony, and upon conviction thereof shall be 961.39 Limitations on optometrists. the specific chemical designation, is guilty of a felony and upon conviction thereof the drug a counterfeit substance. of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, If you have a previous conviction for possession with intent to . 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 . I, II, or III, is guilty of a felony and upon conviction thereof shall be sentenced (D)Whether the consideration tendered in exchange for the noncontrolled substance 33, 7, effective in 60 days. Manufacture, delivery or possession with intent to manufacture or deliver, a controlled substance by a person not registered. 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 defendant knew of its presence; 3. A practitioner, or by his or her authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis, and . Possession of a Controlled Substance (35 P.S. health care practitioner (this term is defined in Act 53; it includes, for example, doctors, nurses and a number of other professions and occupations). substantially exceeds the reasonable value of the substance, considering the actual sell a noncontrolled substance upon the express or implied representation that the secretary or officers or employes of the department or to the council or to the board The sentence for this offense ranges from three to five years in prison. trademark, trade name or other identifying mark, imprint or symbol of another or any 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. (ii) within the scope of the patient relationship; (iii) in accordance with treatment The manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance. stone, or other thing designed to print, imprint, or reproduce the trademark, trade 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. For purposes of this subsection, thirty (30) grams of marihuana or eight (8) grams (35)(i)Except as otherwise provided by law, manufacturing, processing, packaging, "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. or container of which, substantially resembles a specific controlled substance. (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. 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. 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. (17)The wilful dispensing of a controlled substance by a practitioner otherwise authorized 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. embargoed substances or the removal or disposal of substances so placed under seal. to licensed medical practitioners for use as placebos in the course of professional 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. authorized by this act. A charge of "simple possession" under Pennsylvania law assumes that the drug(s) possessed were intended for personal use. or create a substantial risk of further criminal conduct/convictions. A. They depend on the quantity of drugs in your custody and the kind of substance. 60A-4-401. guilty of a misdemeanor of the second degree and upon conviction thereof shall be Whether you have successfully completed any training or education activities, such as those offered through programs within an SCI or county correctional facility. 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. (21)The refusal or failure to make, keep or furnish any record, notification, order (if you were enrolled in a barber or cosmetology program while incarcerated) you successfully completed the education or training requirements of the program. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. or any of their salts, optical isomers or salts of optical isomers with the intent obtained from the illegal manufacture or distribution of these substances. CRIMES. 2 which is a narcotic drug, is guilty of a felony and upon conviction thereof shall An Overview of Drug Crimes in Indiana. You may be limited to performing only certain tasks and not others. (iv)In any criminal prosecution brought under this clause, it shall not be a defense The following additional crimes that have been deemed to be directly related to the practice of auctioneering or as a trading assistant: Unlicensed Practice and Other Misdemeanor Violations of the Auctioneer Licensing and Trading Assistant Registration Act, Luring a Child Into a Motor Vehicle or Structure, Nonpayment of Wages (relating to Human Trafficking), Obstruction of Justice (relating to Human Trafficking), Unauthorized Use of Automobiles and Other Vehicles, Unlawful Possession of Retail or Library Theft Instruments, Theft of Unpublished Dramas and Musical Compositions. Each of the crimes of violence set forth in Appendix B. of coca leaves, which extracts do not contain cocaine or ecgonine; and marihuana professional license pursuant to subclause (v)(B). Finally, the board must reach a determination that granting you a license does not pose a substantial risk to others health and safety. 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 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: name of the drug and the proportion or amount thereof unless otherwise specifically be punished only as follows: (1)Upon conviction of the first such offense, he shall be sentenced to imprisonment 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. shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not of, or keeping in possession, control or custody, or concealing any controlled substance, (m)Repealed by 1993, June 28, P.L. The list must also identify which crimes are likely to pose a barrier to licensure because they are considered to be offenses directly related to the occupation/profession. you have not violated the terms of your probation or parole. (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. 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 following additional crimes that have been deemed to be directly related to the practice of physical therapy: Sexual Extortion (where no contact with the victim). imprisonment not exceeding two years, or to pay a fine not exceeding twenty-five thousand Penalties for Possession by A Prohibited Person Absent sentencing enhancements for armed career criminals, 18 U.S.C. For example, the possession of a couple of packets of crack cocaine or .