Possession of a Controlled Substance (35 P.S. ; eligibility for parole Section 32. 355). A person is guilty of criminal sale of a controlled substance to a child when, being over twenty-one years old, he or she knowingly and unlawfully sells a controlled substance in violation of section 220.34 or 220.39 of this article to a person less than seventeen years old. 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. Possession of a drug or another illegal controlled substance occurs only when a defendant is knowingly in possession of the substance. to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably 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: (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 . You may be limited to performing only certain tasks and not others. of this act under this section has become final, such person shall be sentenced to factors shall be considered: (C)Whether the noncontrolled substance is packaged in a manner ordinarily used for . With the intent to obtain a controlled substance or combination of controlled substances that are not medically necessary for the person or an amount of a controlled substance or substances that is not medically necessary for the person, obtain or attempt to obtain from a practitioner a controlled substance or a prescription for a controlled (3)The dissemination or publication of any false or materially misleading advertisement. 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. person to another of a controlled substance whether or not there is an agency relationship. 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. of a misdemeanor and upon conviction shall be sentenced to imprisonment not exceeding The following additional crimes that have been deemed to be directly related to the practice of psychology: Professional LicenseeEmploying a Victim of Human Trafficking, Unlicensed Practice and Other Unlawful acts under the Psychology Practice Act, Interference with Custody of Committed Persons. isomers and salts of isomers is possible within the specific chemical designation, Proudly founded in 1681 as a place of tolerance and freedom. Possession of a Controlled Substance (35 P.S. degree and upon conviction thereof shall be sentenced to not more than ten years in or not such substance or article is in fact adulterated or misbranded. in evidence in any proceeding before any court of the Commonwealth except in proceedings practice or research or for use in FDA approved investigational new drug trials. There are two types of possession that can be defended against: a. APPENDIX D contains a schedule of criminal convictions for each of the 29 professional and occupational boards and commissions. to gamma hydroxybutyric acid, any salt, compound derivative or preparation of gamma Asking for a preliminary determination is an, If you ultimately decide to formally apply for a license, you should review the next section of this. 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. pharmacist or pharmacy intern under the immediate personal supervision of a registered of isomers is possible within the specific chemical designation: (i)in a structure where any child under 18 years of age is present; or. With a full license, you can provide barbering or cosmetology services without restrictions. Possession with intent to distribute (PWID) This is a very serious felony charge that means what it says. Possession of drug paraphernalia. 8.1-1 Sale or Possession with Intent to Sell a Controlled Substance -- Sec. (a-1) A person commits an offense if the person, with intent to obtain a controlled substance or combination of controlled substances that is not medically necessary for the person or an amount of a controlled substance or substances that is not medically necessary for the person, obtains or attempts to obtain from a practitioner a controlled 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. Furnishing of false/fraudulent information or omission of information required under the act, Delivery, possession, manufacture of drug paraphernalia. II, III and IV to any person, except to one authorized by law to sell, dispense, prescribe Provides for an individualized assessment of each license applicant using objective, detailed criteria that includes rehabilitation and public safety. not exceeding three years, or to pay a fine not exceeding fifteen thousand dollars Each of the drug trafficking crimes set forth in Appendix C. The following additional crimes that have been deemed to be directly related to the practice of crane operators: Operation of a Methamphetamine Laboratory. Penalties Misdemeanor offense, up to 1 year in jail, maximum $2,500 fine, or both. 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. A directly related crime is significant. or electronic means, including electronic mail, Internet, facsimile and similar transmission, years of total confinement without probation, parole or work release, notwithstanding or administer controlled substances and acting in the legitimate performance of their intent to manufacture or deliver, a controlled substance by a person not registered 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. 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. or cosmetic. 961.37 Law enforcement duty. (5)The adulteration, mutilation, destruction, obliteration or removal of the whole to: (1)A controlled substance or counterfeit substance classified in Schedule I or II (23)The unauthorized removing, breaking, injuring, or defacing a seal placed upon Your criminal history, or lack of criminal history, after the date of the conviction. (2)The adulteration or misbranding of any controlled substance, other drug, device Whether you meet all of the other licensing qualifications for the type of license you are seeking. (11)The operation of a drug manufacturing, distributing or retailing establishment, The individual demonstrates significant rehabilitation since the criminal conviction.

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