Civil Infraction Marijuana Related, Licensing issues?

[Dingdong1810]

Hey SDN,

Do you guys know if a civil infraction (non-traffic) open/consume marijuana in public will hurt my chances of getting my pharmacy license/intern license? I'm a first year pharmacy student in Washington State.

Was never arrested, and it won't show up on my criminal record nor my driving record since it was non-traffic related.

Am already knocking myself in the head for my stupidity, and will seek a lawyer. If you guys have any personal experience or tips, would be greatly appreciated.

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[gwarm01]

 

[ldiot]

Well I don't see it helping you

 

[BMBiology]

You can loss your license for any stupid reason. The Board of Pharmacy doesn't play around. Hell, you can even loss your license for not paying child support.

Having a license is a privilege, not a right. All of that hard work down the drain because of one careless mistake.


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[Digsbe]

Can you get it expunged?

 

[Dingdong1810]

Can you get it expunged?

I talked with some lawyers and they said it is possible to get it dropped. Since it wasn't a misdemeanor I'm not sure if it's something I can expunge since it's not on my criminal record. It's considered a "class 3 civil infraction".

 

[Digsbe]

I talked with some lawyers and they said it is possible to get it dropped. Since it wasn't a misdemeanor I'm not sure if it's something I can expunge since it's not on my criminal record. It's considered a "class 3 civil infraction".

I always find it silly how different states classify things. I'm in one of the few states where all traffic violations are a misdemeanor.

I'd still try to get it wiped if you can. I'm sure background checks have ways to detect these things.

 

[Dingdong1810]

I always find it silly how different states classify things. I'm in one of the few states where all traffic violations are a misdemeanor.

I'd still try to get it wiped if you can. I'm sure background checks have ways to detect these things.

Thanks Digsbe, will try to get it wiped! I guess I am lucky that it happened in Washington state and we're liberal with marijuana use.

 

[BMBiology]

I talked with some lawyers and they said it is possible to get it dropped. Since it wasn't a misdemeanor I'm not sure if it's something I can expunge since it's not on my criminal record. It's considered a "class 3 civil infraction".

It does not matter. You would still need to disclose it when you apply for your licensure and when you renew it. By not disclosing it, that is a misdemeanor and you can loss your license.


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[Dingdong1810]

It does not matter. You would still need to disclose it when you apply for your licensure and when you renew it. By not disclosing it, that is a misdemeanor and you can loss your license.


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Thanks for your response BMBiology! If i do disclose it, what do you think the chances are they will give me my license?

 

[BidingMyTime]

I can't imagine that would keep you from getting your license. Bear in my mind, pharmacists and technicians who steal drugs from their pharmacy usually get to keep their license (albeit as long as they follow a treatment plan.) Worse case scenario I could see is that they decide you must be an addict and you have to agree to a treatment plan. But for something that isn't even a misdemeanor in your state? That would surprise me. Would you even have to report a "class 3 civil infraction", I think most states only ask for misdemeanors and felonies that one has been convicted of.

 

[Dingdong1810]

I can't imagine that would keep you from getting your license. Bear in my mind, pharmacists and technicians who steal drugs from their pharmacy usually get to keep their license (albeit as long as they follow a treatment plan.) Worse case scenario I could see is that they decide you must be an addict and you have to agree to a treatment plan. But for something that isn't even a misdemeanor in your state? That would surprise me. Would you even have to report a "class 3 civil infraction", I think most states only ask for misdemeanors and felonies that one has been convicted of.

Thanks for your response BidingMyTime, your response seems realistic to me too. I'm just worried about this part in the pharmacy license form and seeming like some sort of drug addict:

On page 11 of page 21 it asks "have you ever been found in any civil, administrative or criminal proceedings to have:
a. Possessed, used, prescribed for use,or distributed controlled substances or legend drugs in any ways other than for legitimate or therapeutic purposes?
b. diverted controlled or legend drugs?
c. Violated any drug law?
d. prescribed substances for yourself?

 

[BidingMyTime]

Thanks for your response BidingMyTime, your response seems realistic to me too. I'm just worried about this part in the pharmacy license form and seeming like some sort of drug addict:

On page 11 of page 21 it asks "have you ever been found in any civil, administrative or criminal proceedings to have:
a. Possessed, used, prescribed for use,or distributed controlled substances or legend drugs in any ways other than for legitimate or therapeutic purposes?
b. diverted controlled or legend drugs?
c. Violated any drug law?
d. prescribed substances for yourself?

Based on those questions, I would say yes, you have to disclose your violation. I can't imagine that you would keep you from getting your license (although possibly they might add stipulations on it.) I could see them asking more questions about it, because of the recentness of it, if it happened say 4 years ago, they would probably be more interested in your recent history, than a minor offense from the past. Make sure the lawyer you get has experience/knowledge on dealing with licensing boards.

 

[Dingdong1810]

Based on those questions, I would say yes, you have to disclose your violation. I can't imagine that you would keep you from getting your license (although possibly they might add stipulations on it.) I could see them asking more questions about it, because of the recentness of it, if it happened say 4 years ago, they would probably be more interested in your recent history, than a minor offense from the past. Make sure the lawyer you get has experience/knowledge on dealing with licensing boards.

Thanks for the response BidingMyTime. Yeah, getting my intern license is coming up and I'm more concerned with them bringing it up since it's recent, rather than in another 4 years when I get my pharmacy license. Many lawyers in the area aren't familiar with this since marijuana legislation is still pretty new, especially open marijuana in public laws, I have 15 days to figure this all out :/

 

[BidingMyTime]

Thanks for the response BidingMyTime. Yeah, getting my intern license is coming up and I'm more concerned with them bringing it up since it's recent, rather than in another 4 years when I get my pharmacy license. Many lawyers in the area aren't familiar with this since marijuana legislation is still pretty new, especially open marijuana in public laws, I have 15 days to figure this all out :/

Still, I'd be surprised if you were the first person in this situation (maybe as someone going for an intern license, but considering all the myriad occupations that require a state license, its surely happened to someone before.) The other question I can think of, I consider marijuana a controlled substance, because it is under federal law, but is it considered a controlled substance under WA law, and if not, would the board go with the state law or the federal law?

 

[Humble Sloth]

Still, I'd be surprised if you were the first person in this situation (maybe as someone going for an intern license, but considering all the myriad occupations that require a state license, its surely happened to someone before.) The other question I can think of, I consider marijuana a controlled substance, because it is under federal law, but is it considered a controlled substance under WA law, and if not, would the board go with the state law or the federal law?

This situation is a lot more serious that OP is letting on. You got caught using a FEDERALLY ILLEGAL CLASS 1 controlled substance in public. I think you would have problems getting licensed in a lot of states. Even summary offenses show up on some background screenings. You best bet is to just admit you have a drug problem and are irresponsible and hope that it doesn't hurt you too badly.

 

[Dingdong1810]

This situation is a lot more serious that OP is letting on. You got caught using a FEDERALLY ILLEGAL CLASS 1 controlled substance in public. I think you would have problems getting licensed in a lot of states. Even summary offenses show up on some background screenings. You best bet is to just admit you have a drug problem and are irresponsible and hope that it doesn't hurt you too badly.

Thanks for your response Humble Sloth. I appreciate the advice, and it's definitely stupid on my part. Hopefully this live and learn will let me carry my career forward.

 

[Dingdong1810]

Still, I'd be surprised if you were the first person in this situation (maybe as someone going for an intern license, but considering all the myriad occupations that require a state license, its surely happened to someone before.) The other question I can think of, I consider marijuana a controlled substance, because it is under federal law, but is it considered a controlled substance under WA law, and if not, would the board go with the state law or the federal law?

I'm not sure about the jurisdiction of marijuana law on this either. My head feels like mush, and I can't tell if it's from how I feel about my life situation or my impending finals tomorrow....

 

[El Trombopag]

Keep in mind that there is no board of pharmacy in Washington State anymore. Its the Pharmacy Quality Assurance Commission. May sound like semantics, but my experience so far is that they are trying to look good in the big-boy-pants. There is a difference between a board and a commission... and they are quick to let you know what that difference is (IME so far, only a couple years into the change). I would call and ask your question directly. You should not have to give your name, just ask if this civil infraction needs to be declared. Don't be surprised if the 'WRAPP' program gets mentioned since you're already admitted. Look it up, it is not fun. I had a classmate who had to call in every other week for a random urine screen that *included alcohol* all through pharm school up until graduation day, just because s/he mentioned to a faculty that s/he had 'experimented' with oral opiates prior to even starting the program! I have no idea what they'll tell you, but I guarantee WA's recreational MJ status will not help at all.


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[Dingdong1810]

Keep in mind that there is no board of pharmacy in Washington State anymore. Its the Pharmacy Quality Assurance Commission. May sound like semantics, but my experience so far is that they are trying to look good in the big-boy-pants. There is a difference between a board and a commission... and they are quick to let you know what that difference is (IME so far, only a couple years into the change). I would call and ask your question directly. You should not have to give your name, just ask if this civil infraction needs to be declared. Don't be surprised if the 'WRAPP' program gets mentioned since you're already admitted. Look it up, it is not fun. I had a classmate who had to call in every other week for a random urine screen that *included alcohol* all through pharm school up until graduation day, just because s/he mentioned to a faculty that s/he had 'experimented' with oral opiates prior to even starting the program! I have no idea what they'll tell you, but I guarantee WA's recreational MJ status will not help at all.


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Thank you for your honesty El Trombopag. I'll be sure to call the PHarmacy Quality Assurance Comission and see what they have to say. Will keep you updated with any information I get.