PA+Criminal+Drug+Offenses

PA Laws PA Criminal Drug Offenses Regulations, Examples, and Questions

__ Intro: __ Depending on what kind of drug, and how much that drug one has, will determine the grade and range of punishment. These type of offenses are either classified as a misdemeanor or a felony. __ 780-106 __ ** Registration ** This law states that someone can not hold, sell, distribute, or manufacture drugs without a registration. The registration is not transferable and is issued by the secretary or under the law preceding this act. A fee is charged when receiving this certification and becomes active at noon after the sixteenth day. The secretary may deny the initial registration or after it's given, can suspend it for any reason. Unless under the supervision of a registered pharmacist., no one is allowed to operate as a manufacturer of controlled substances or other drugs. grade: M range of punishment: less than 3 years of imprisonment and/or a fine up to $5,000

__ 780-107 __ ** Adulteration ** A controlled substance, other drug, device or cosmetic can be altered if the substance was held in unsanitary conditions, or if it is or consists of filty, putrid, or decomposed substances. Also it can be altered if it holds or contains any color additive, unless it's okayed by section 9 of this act. If a color additive is added and is recommended for hair dye, the label must include a certain phrase of caution. Or if it was packed or mixed with another substance to reduce the quality or strength of the product. grade: M range of punishment: less than 3 years of imprisonment and/or a fine up to $5,000

__ 780-108 __ ** Misbranding ** Misbranding is when a drug, other uncontrolled substance, device, or cosmetic is labeled false. It is not packaged false unless it has the name of the manufacturer, packer or distributor, and address of the company. Other ways it could be labeled as misbranding is if the drug is not labeled as it suppose to be. If it says one thing that it is, and is not what's in the package, then this is considered misbranding. If it hazardous to the user, precautions should be placed on the bottle accordingly. When selling this drug, the drug should be labeled according to what the content on the label of the product is. grade: M range of punishment: less than 3 years of imprisonment and/or a fine up to $5,000 __ 780-109. __ ** Color Additives ** This term comes from changing the drug with a dye or pigment. It is not deemed an additive if it prohibited by the the Federal act. The term color also includes "black", "white", and/or shades of "grays." grade: M range of punishment: less than 3 years of imprisonment and/or a fine up to $5,000

__ 780-110 __ . ** New Drugs ** These are drugs that are not generally recognized by the experts of drug scientist. They also are drugs that are uncertain of the effectiveness and safety of the drug. Finally they are the drugs that under investigation to find out the safety and effects. grade: M range of punishment: less than one year of imprisonment and/ or a fine up to $5,000

__ 780-111 __** Professional prescription ** a.) No controlled substance may be given out without a practitioner. However, in emergency situations they are allowed. b.) Only a practitioner or a pharmacist may give out a Schedule III or IV may be given out without a written or oral permission. It cant be refilled more than 5 times without a new note. c.) No controlled substance in Schedule II may be given out, for other than a medicinal purpose. d.) A practition may give out a druge. He/she must use good judgement within the patient relationship. d.1) A practitioner may not administer any anabolic steroid for enhancing a person in sports. e.) A veterinarian may administer a drug, not for human use. f.) When a drug is dispensed by a pharmacist, it shall have a label telling the: name and address of the pharmacy, the name of the patient, the name of the practitioner, the serial number and the date of the filling order. grade: M range of punishment: less than one year of imprisonment and/or a fine up to $5,000

__ 780-112 __ ** Records of distribution ** a.) Any person who sells or distributes a controlled substance, must keep records of all purchases or receipt and sales of the controlled substance for two years of the purchase. The person must keep record of the name and address of the person of who purchased, the date of purchase and the quantity involved. b.) Every practitioner must keep record of all substances administered, dispense or distribute by him/her. They must show the amount administered, the date, the name and the address of the patient. It must be kept for two years from the date of when it was administered. c.) Anyone licensed to manufacture or distribute a controlled substance, must keep records and maintain inventories in conformity, order form and inventory requirements of Federal Law and with any additional regulations. grade: M range of punishment: less than one year of imprisonment and/or a fine up to $5,000

__ 780-113 __ ** Prohibited Acts ** a.) The following acts and causing thereof within the Commonwealth are hereby prohibited:1.) Manufacturing, selling, delivering, holding, offering for sale, or possession of any controlled substance.2.) Adulterating or misbranding of any controlled substance3.) Dissemination or publication of any false misleading advertisement13.) The sale, dispensing, distribution, prescription or gift by any practitioner otherwise authorized by law, to do any controlled substance to any person known to such practitioner to be who is such a practitioner.30.) Thirty grams of marijuana, or eight grams of hashish will be considered a small amount of marijuana32.) The use of, possession with intent to use, drug paraphernalia, with the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or introducing into the human body is a violation.33.) Delivering of, possession with the intent to deliver, or manufacture with the intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it would be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or introduce into the human body is a violation.34.) Placing in any newspaper, magazine, handbill or other publication or by written or electronic means, including electronic mail, Internet, facisimile and similar transmission, any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement in whole or in part is to promote the sale of the objects designed or intended for use as drug paraphernalia.37.) Possessing by any person, other than a registrant, of more than thirty does labeled as a dispensed prescription or more than three traded packages of any anaboic steroids.38.) The unlawful manufacture of meth or phencyclidine or their salts, isomers and salts of isomers, whenever the existence of salts, isomers, is possible within the specific within the specific chemical designation:i.) where any child is under 18 years of ageii.) the manufacturing of meth or phencyclidine causes any child under 18 years to suffer bodily injury grade:M range of punishment: less than one year of imprisonment and/or a fine less than $5,000