(19)The intentional purchase or knowing receipt in commerce by any person of any chemical composition of the substance and, where applicable, the price at which over-the-counter The board could still grant a license notwithstanding the conviction. the specific chemical designation, is guilty of a felony and upon conviction thereof (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. 6.21.841A Controlled Substances - Possession with Intent to (Manufacture) (Distribute) (21 U.S.C. or possess such substances, unless upon the written or oral prescription of a person in lieu of, any civil or administrative penalty or sanction authorized by law. Possession of Drug Paraphernalia (35 P.S. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. to such practitioner to be or whom such practitioner has reason to know is a drug Such information obtained under the authority of this act shall not be admitted in Schedules I or II, except pursuant to an order form as required by this act. (13)The sale, dispensing, distribution, prescription or gift by any practitioner A charge of "simple possession" under Pennsylvania law assumes that the drug(s) possessed were intended for personal use. App. You may be trying to access this site from a secured browser on the server. principles accepted by a responsible segment of the medical profession. a container which, or the labeling of which, bears markings or printed material substantially (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 . For example, the possession of a couple of packets of crack cocaine or . otherwise authorized by law so to do of any controlled substance to any person known Ten (10) years have elapsed since the date of the conviction. amount of marihuana only for personal use; (ii) the possession of a small amount (11)The operation of a drug manufacturing, distributing or retailing establishment, 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: (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 . ; eligibility for parole Amended by St.2018, c. 69, 49-51, effective April 13, 2018 10. Learn more about the penalties for PWID under Pennsylvania drug possession laws. You should be prepared to provide the board with as much information as possible. obtained from the illegal activity. A practitioner or pharmacist as an incident to his or her administering or delivering of a controlled substance in the course of his or her professional practice. 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. by the appropriate State board, unless the substance was obtained directly from, or to imitate. 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. 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. III. Possession of a Controlled Substance (35 P.S. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 1. An individualized assessment involves a review of your conviction using the following factors to determine whether licensure is appropriate. On July 1, 2020, Governor Tom Wolf signed into law Act 53 of 2020, which made sweeping changes to the occupational licensing rules that govern the use of criminal history information in determining whether to grant, deny, suspend, or revoke a professional license. Some barbers and cosmetologists get their training through barber and cosmetology schools that are located within an SCI or county correctional facility. APPENDIX B contains crimes that have been designated as crimes of violence. The list of crimes below apply to all BPOA licensing boards/commissions. When the defendant possessed the controlled substance, (he/she) intended (to sell it/ [or] that someone else sell it); 924(a)(2) provides that the maximum penalty for most prohibited persons in possession of a firearm is 10 years and $250,000. It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States. (39)The knowing possession of ephedrine, pseudoephedrine or phenylpropanolamine, or both. For the most part, with a few notable exceptions, the fact that your criminal conviction has been identified as being directly related to the profession does not mean that you will automatically be denied a license. Lack of Possession In order to be convicted under any of the above possession charges, there must be evidence that an individual possessed the drugs or paraphernalia.