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Prescription Fraud, 35 P.S. 780-113(a)(12)
Elements of the Statute
- The acquisition or obtaining
- of a controlled substance
- by misrepresentation, fraud, forgery, deception, or subterfuge
Penalties:
- May be a Felony of Misdemeanor depending on substance:
Possession of a Controlled Substance, 35 P.S. 780-113(a)(16)
Elements of The Statute:
- 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,
- unless the substance was obtained directly from, or pursuant to, a valid prescription order or order of a practitioner
- or except as otherwise authorized by this act.
Penalties:
- First Offense- Maximum of 1 year in Jail and $5000.00 fine
- Second Offense- Maximum of 3 years in Jail and $25,000.00 fine
- Loss of Driver's License for 6 months
Possession with Intent to Distribute, 35 P.S. 780-113(a)(30)
Elements of the Statute
- The manufacture, delivery, or possession with intent to manufacture or deliver
- A controlled substance
- By a person not registered or licensed by the appropriate State Board
- OR, creating, delivering, or possessing with intent to deliver,
- a counterfeit controlled substance.
Penalties:
- Felony
- Imprisonment depends on Substance, Amount, and Location
Possession of a Small Amount of Marijuana, 35 P.S. 780-113(a)(31)
- An ungraded misdemeanor
- Less than 30 grams of marijuana
- May be for personal use
- May be possessed with intent to be distributed, but not to be sold
- May be distributed, but not sold
Penalties include:
- - Probation or Imprisonment up to 30 days
- - Fine of up to $500 (or Both)
- - License Suspension of 6 months
Possession of Drug Paraphernalia, 35 P.S. 780-113(a)(32)
- An ungraded misdemeanor
- Paraphernalia
- Max Penalties include Probation or Imprisonment up to 1 year and a $1000.00 Fine
Possession of Steroids, 35 P.S. 780-113(a)(37)
- Possession of more than 30 doses or three trade packages of anabolic steroids
Penalties:
- Misdemeanor
