What is the name of your state (only U.S. law)? AK
I was tickited in Alaska with a 'civil violation' by a federal fish & wildlife officer under 50CFR17.82(b2), which is possesion of a controled substance on a National Wildlife Refuge. I was told by the officer it was a civil violation. Here's the wording from the CFR (bold is what I got):
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR (CONTINUED)
PART 27_PROHIBITED ACTS--Table of Contents
Subpart H_Disturbing Violations: Personal Conduct
Sec. 27.82 Possession and delivery of controlled substances.
(a) Definitions for the purpose of this section:
(1) The term controlled substance means a drug or other substance,
or immediate precursor, included in schedules I, II, III, IV, or V of
part B of the Controlled Substance Act (21 U.S.C. 812) or any drug or
substance added to
[[Page 211]]
these schedules pursuant to the terms of the Controlled Substance Act.
(2) The term practitioner means a physician, dentist, veterinarian,
scientific investigator, pharmacist, or other person licensed,
registered, or otherwise permitted by the United States or the
jurisdiction in which he practices to distribute or possess a controlled
substance in the course of professional practice.
(3) The term delivery means the actual, attempted or constructive
transfer and/or distribution of a controlled substance, whether or not
there exists an agency relationship.
(b) Offenses. (1) The delivery of any controlled substance on a
national wildlife refuge is prohibited, except that distributed by a
practitioner in accordance with applicable law.
(2) The possession of a controlled substance on a national wildlife
refuge is prohibited unless such substance was obtained by the possessor
directly, or pursuant to a valid prescription or order, from a
practitioner acting in the course of his professional practice, or
except as otherwise authorized by applicable law.
I paid a $100 fine and pleaded no contest and mailed in the $$$ and that was the end of it. This was in 2000.
I am applying to a program and have to answer the following questions:
Your "yes" answer to one or more of the following questions will not necessarily preclude your being admitted. However, your failure too provide complete, accurate and truthful information will be grounds to deny or withdraw your admission, or to dismiss you after enrollment.
For the purpose of the following six questions, "crime" or "criminal charge" refers to any crime other than a traffic-related misdemeanor or an infraction. You must, however, include alcohol or drug offenses whether or not they are traffic related.
1) Have you been convicgted of a crime? yes/no
2) Have you entered a plea of guilty, a plea of no contest, a plea of nolo contendere, or an Alford plea, or have you received a deffered prosecution or prayer for judgement continued, to a criminal charge? yes/no
3) Have you accepted responsibility for the commission of a crime? yes/no
So my questions are:
Q1-is a civil violation a crime?
Q2-when they say i must include drug offenses, does that mean i have to include a civil drug related violation?
They will do a background check and if they find out, it would not be good, but I just don't know if i'm obligated by law to disclose a civil drug violation. I do not want to break the law, but also do not want to disclose something like this if I am not legally required to do so.
Please Help!! Thanks!
I was tickited in Alaska with a 'civil violation' by a federal fish & wildlife officer under 50CFR17.82(b2), which is possesion of a controled substance on a National Wildlife Refuge. I was told by the officer it was a civil violation. Here's the wording from the CFR (bold is what I got):
CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE
INTERIOR (CONTINUED)
PART 27_PROHIBITED ACTS--Table of Contents
Subpart H_Disturbing Violations: Personal Conduct
Sec. 27.82 Possession and delivery of controlled substances.
(a) Definitions for the purpose of this section:
(1) The term controlled substance means a drug or other substance,
or immediate precursor, included in schedules I, II, III, IV, or V of
part B of the Controlled Substance Act (21 U.S.C. 812) or any drug or
substance added to
[[Page 211]]
these schedules pursuant to the terms of the Controlled Substance Act.
(2) The term practitioner means a physician, dentist, veterinarian,
scientific investigator, pharmacist, or other person licensed,
registered, or otherwise permitted by the United States or the
jurisdiction in which he practices to distribute or possess a controlled
substance in the course of professional practice.
(3) The term delivery means the actual, attempted or constructive
transfer and/or distribution of a controlled substance, whether or not
there exists an agency relationship.
(b) Offenses. (1) The delivery of any controlled substance on a
national wildlife refuge is prohibited, except that distributed by a
practitioner in accordance with applicable law.
(2) The possession of a controlled substance on a national wildlife
refuge is prohibited unless such substance was obtained by the possessor
directly, or pursuant to a valid prescription or order, from a
practitioner acting in the course of his professional practice, or
except as otherwise authorized by applicable law.
I paid a $100 fine and pleaded no contest and mailed in the $$$ and that was the end of it. This was in 2000.
I am applying to a program and have to answer the following questions:
Your "yes" answer to one or more of the following questions will not necessarily preclude your being admitted. However, your failure too provide complete, accurate and truthful information will be grounds to deny or withdraw your admission, or to dismiss you after enrollment.
For the purpose of the following six questions, "crime" or "criminal charge" refers to any crime other than a traffic-related misdemeanor or an infraction. You must, however, include alcohol or drug offenses whether or not they are traffic related.
1) Have you been convicgted of a crime? yes/no
2) Have you entered a plea of guilty, a plea of no contest, a plea of nolo contendere, or an Alford plea, or have you received a deffered prosecution or prayer for judgement continued, to a criminal charge? yes/no
3) Have you accepted responsibility for the commission of a crime? yes/no
So my questions are:
Q1-is a civil violation a crime?
Q2-when they say i must include drug offenses, does that mean i have to include a civil drug related violation?
They will do a background check and if they find out, it would not be good, but I just don't know if i'm obligated by law to disclose a civil drug violation. I do not want to break the law, but also do not want to disclose something like this if I am not legally required to do so.
Please Help!! Thanks!
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