PA_2010_1st_Drugs

__Higher Order Thinking Questions Local Example Drug Scenario

DRUG SCHEDULES__ (this is a list of drugs that are controlled substances) (1) Schedule I- high potential for abuse, no accepted medical use in US, unsafe even under medical supervision. This includes: opiates and opiate byproduct, heroin hallucinogenics, marihuana, Methaqualone (mandrake), GHB (2) Schedule II- high potential for abuse, accepted medical use in US, possibly with sever restrictions, abuse may lead to severe dependence. This includes: opium and opiate (prescription), opium poppy and poppy straw, Coca Leaves (cocaine), methadone (and similar compounds), speed, crystal meth, and PCP (3) Schedule III: lesser potential for abuse than Schedules I and II, well documented and accepted use in the US, abuse may lead to moderate or low physical dependice or high psychological dependence. This includes: barbiturates, sedatives, narcotics, anabolic steroids, GHB if in approved drug product, and ketamine (4) Schedule IV- low potential for abuse, accepted medical use in US, limited dependency. This includes: barbital, sleeping pills, some anti-anxiety and anti-seizure medications (5) Schedule V- lower potential for abuse than above, accepted medical use, more limited dependency than above. This includes: narcotics which include nonnarcotic active ingredients, buprenorphine

Misdemeanor of the 3rd Degree (up to 30 days, up to $500 fine)
 * Having a small amount of marihuana for personal use or for distribution but not selling

Misdemeanor of the 3rd Degree (up to 6 months jail, up to $10,000 fine) -This is for first offenses of the following: - if convicted again, jail increases to up to 2 years, fine to up to $25000
 * Failing to keep or produce proper records of controlled substances
 * Refusing entry for an inspection
 * No license

Misdemeanor of the 3rd Degree (up to a year in jail, up to $2500 fine)
 * Doing anything, even delivering or possessing with drug paraphernalia for introducing the controlled substance into the human body
 * Advertising by any means about the sale or use of drugs

Misdemeanor of the 3rd Degree (up to a year in jail, up to $5000 fine)
 * To make, sell, or have improperly labeled or impure controlled substances that contain something that it should not.To falsely advertise a medicine or publish any false information about a controlled substance. For controlled substances, if you mess up any part of the labeling of that controlled substance, then you can't sell it or you will be charged with selling impure or mislabeled substances. This applies to counterfeiting or mislabeling labels of substances as well.
 * False advertisement of a drug
 * Selling prescription drugs if not a licensed pharmacist
 * Making or selling drugs (illicit or otherwise) somewhere other than a pharmacy or proper factory
 * Giving or prescribing controlled substances to someone who is known to be drug dependent
 * Giving Schedule II, III, or IV drugs to someone who does not have a prescription or authority to have them
 * Possession of a controlled or counterfeit substance without a prescription
 * Pharmacists giving drugs without the proper labels on them (date, prescription, instructions, warnings, etc.)
 * Sharing trade secrets of drug companies
 * Possessing more that 30 doses or 3 trade packages of anabolic steroids
 * Getting, dispensing, making, or having Schedule V substances if not authorized

Misdemeanor of the 2nd Degree (Up to 2 years in jail, up to $5000 fine) Misdemeanor of the 2nd Degree (Up to 3 years in jail, and/or pay up to $5,000)
 * Delivering drugs to a person under 18
 * To throw away any seized substances, even if it falsely labeled as such, or if it is impure.
 * Forging labels
 * Purposefully mislabeling drugs
 * Selling said mislabeled drugs
 * Making, selling, throwing away, or having the equipment needed to forge labels
 * Buying controlled substances or drugs from someone not authorized to sell it

-In the above misdemeanors, if there has been a prior conviction jail time is automatically up to 3 years and the fine is up to $25,000

Misdemeanor of 2nd Degree (up to 3 years, up to $10,000 fine)
 * Getting, dispensing, making, or having Schedule IV substances

Misdemeanor of the 2nd Degree (up to 3 years, up to $15,000 fine)
 * Tampering with a seal

Misdemeanor of the 2nd Degree (up to 3 years, up to $25,000 fine)
 * Making drugs other than those registered to make
 * Distributing a Schedule I or Schedule II substance
 * Using a fake registration number
 * Providing false records
 * Making, distributing, or having the means by which to make a counterfeit

Misdemeanor of the 1st Degree (up to 5 years, up to $10,000 fine)
 * Possessing or transporting Liquefied Ammonia gas not for legitimate agricultural or industrial use, or is in a container not approved by the Department of Agriculture or the Department of Transportation

Felony of the 3rd Degree (up to 1 years, up to $5,000 fine)
 * Getting, dispensing, making, or having any drug in Schedule V even if it's a counterfeit

Felony of the 3rd Degree (up to 3 years, up to $10,000 fine)
 * Getting, dispensing, making, or having any drug in Schedule IV even if it's a counterfeit

Felony of the 3rd Degree (up to 5 years, up to $10,000 fine) -exceptions are the manufacturing of placebos for drug trials
 * Selling a non-controlled substance that is a stimulant like a depressant by making it look like a controlled substance

Felony of the 3rd Degree (up to 5 years, up to $15,000 fine)
 * Getting, dispensing, making, or having any drug in Schedule I, II, or III even if it's a counterfeit

Felony of the 3rd Degree (up to 7 years, up to $15,000 fine) Felony of the 3rd Degree ( up to 7 years, up to $25,000 fine as well as all profits from the illegal activity will be taken)
 * Possessing or transporting liquefied ammonia gas to manufacture other controlled substances
 * Possessing certain powders or liquid chemicals that are used to make controlled substances
 * Having a person under 18 present or involved while making methamphetamine or phencyclidine

Felony of the 2nd Degree ( At Least 5 years but no more than 10 years in jail, and up to $50,000 fines)
 * Injuring a person under 18 while making methamphetamine or phencyclidine

Felony of the 2nd Degree (up to 10 years, up to $100,000 fine)
 * Getting, dispensing, making, or having over 1,000 pounds of PC P, meth, cocaine, or marihuana

Felony of the 1st Degree (up to 15 years, up to $250,000)
 * Getting, dispensing, making, or having any narcotic in Schedule I or II
 * Dispensing of new drugs not covered in this section without the approval upon meeting with Section 505 of the Federal Food, Drug and Cosmetic Act
 * Any crime dealing with hydroxybutyric acid (except GBL) and MDA, MDMA,and MMDA

Distribution of Persons Under Age Eighteen:
--A person who is not drug dependent and is at least 21 years old, who is distributing controlled substances on Schedules I to V to a person under age 18 will receive up to twice the time in jail for any

Second or Subsequent Offense:
-- A person, whose second offense, is not being registered or authorized to make, dispense, possess or deliver a controlled substance or knowingly is makes, dispenses, possesses or delivers a counterfeit controlled substance will be punishable with up to twice the jail time and up to twice the fines. It counts as a second offense if something similar to this was done in the past as well.

Enforcement Provisions
No media advertisement company who is advertise a falsely advertised product will be held accountable. Only the manufacturer of the controlled substance who originally falsely advertised the controlled substance will be liable. All the advertiser needs to do is tell the officials who the manufacturer of the controlled substance is. License and registration revocation or suspension is done by the correct licensing or registration agency as ordered by the court.

Probation without Verdict:
The court can issue a person probation without a verdict if he pleads (nolo contendere) guilty of the act and proves he is drug dependent with testimony from a physician or psychologist dealing with drug abuse. They will be given probation not exceeding the maximum time limit for that crime. They are ineligible for probation without a verdict if they have a prior offense for a similar act, been convicted of a felony or misdemeanor, had dangerous juvenile offense, a violator of section 13 of this act, or that they went to the Accelerated Rehabilitative Disposition program and was charged with a crime during the program.If they have pleaded nolo contendere multiple times already. If you violate the terms of the probation, the court may revoke it and the case will continue.If you follow the terms then the court then you will have your charges dismissed. This is a one time thing, and a record of your one time use of nolo contendere will be kept.

Revocation of Licenses of Practitioners:
Any practitioner who is drug dependent may have their license or registration revoked or suspended if they have committed any crimes listed in this act, unless they can prove that they are drug dependent and will be granted a hearing. If the licensee or registrant has pleaded guilty or nolo contendere of a crime or a felony that is listed in this act, then they may have a hearing before the appropriate board before their license or registration is revoked or suspended. During the hearing they are entitled to any witnesses they wish. If the practitioner has pleaded guilty or nolo contendere or has been convicted of a misdemeanor listed in this act, then their license won't be suspended for more than a year. Suspension may be stopped if the practitioner participates in an "impaired professional program" for 3 to 5 years, if the practitioner violated the laws in this act for personal use of the controlled substance.

PA Laws 2010 - January