Criminal Defense Lawyers

How Do Drug Manufacturing Charges Impact Professional Licenses?

How Do Drug Manufacturing Charges Impact Professional Licenses?

Getting charged with drug manufacturing can have a huge impact on your professional license. This is true whether you’re a doctor, nurse, pharmacist, engineer, teacher or hold any other type of professional license. A drug conviction could mean losing your ability to work in your chosen career.

Lots of folks don’t realize that a drug charge can affect their professional license. They think it’s just a criminal matter that might lead to fines or jail time. But these charges can also threaten your livelihood in a big way. Let’s take a closer look at how drug manufacturing charges can impact professional licenses.

The Link Between Drug Charges and Professional Licenses

Most states have laws allowing professional licensing boards to discipline license holders who are convicted of drug offenses. For example, if you’re a nurse who gets convicted of running a meth lab out of your basement, the Board of Nursing will likely take action against your license.

Discipline could include suspending or revoking your license. Sometimes you may be allowed to keep your license but with certain restrictions like probation. The goal is to protect public safety by keeping professionals who commit drug crimes from continuing to practice.

Some professions are more prone to drug issues than others. Doctors, nurses and pharmacists have access to prescription drugs that can lead to abuse. But no profession is immune. Engineers, teachers, accountants – anyone can develop a drug problem. And anyone who manufactures drugs or distributes them illegally puts their professional license at risk if caught.

How Licensing Boards Find Out About Drug Convictions

If you’re convicted of a drug felony or serious misdemeanor, that record will be accessible to your licensing board. After a conviction, the court automatically notifies state agencies. Most boards also require you to self-report any criminal convictions when you renew your professional license.

Some people think they can avoid trouble by not reporting a conviction themselves. This is a big mistake! Licensing boards do their own background checks. If they find out you failed to disclose a drug conviction, that’s an additional offense that could lead to license revocation.

Types of Drug Manufacturing Charges That Threaten Licenses

Pretty much any involvement with making illegal drugs could jeopardize your professional license. Here are some examples of drug manufacturing charges that could get you into hot water:

• Operating a meth lab – Making methamphetamine is illegal and highly dangerous.
• Growing marijuana – Even medical marijuana growers can face prosecution.
• Making hallucinogens – Manufacturing LSD, ecstasy or other dangerous drugs.
• Converting medications into street drugs – Altering prescription meds for illegal use.
• Making counterfeit prescription pills – A major concern with fentanyl overdoses lately.
• Any other process to make illegal drugs – If it’s prohibited under drug laws, it could threaten your livelihood if you’re caught.

The most serious charges involve making drugs like meth and opioids that are addictive and lethal. But any involvement in manufacturing illegal drugs puts you at risk for license discipline or loss.

How Licensing Boards Punish Drug Manufacturing Violations

When a professional license holder is convicted of drug manufacturing charges, the licensing board has authority to impose disciplinary actions. These can include:

• License revocation – Permanently losing the license and being unable to work in the profession again. This is typically reserved for the most egregious offenses.
• License suspension – Having the license taken away for a set period of time like 6 months, 1 year, etc. You can eventually get it back but can’t work during the suspension.
• Probation – Keeping your license but being closely monitored for a probation period. Violating any terms of probation could lead to further discipline.
• Limiting the license – Restricting your ability to do certain tasks within your profession.
• Required counseling – Mandating drug addiction or mental health counseling as a condition of keeping your license.
• Civil fines – Financial penalties for the violation.

These penalties are intended to protect the public from professionals who have broken the law. But they can be devastating if you lose your ability to work in a chosen career.

Fighting Back Against License Discipline

Don’t give up if your professional license is threatened due to drug manufacturing charges. There are steps you can take to fight back and preserve your livelihood:

• Get clean and sober – Seek treatment for any addiction issues. Licensing boards may look more favorably on professionals who acknowledge and address drug problems.
• Negotiate a plea deal – Work with your criminal defense lawyer to plea to lesser charges that may not impact your license.
• Comply with all board requirements – If your license is restricted or you’re on probation, follow all the rules to the letter.
• Appeal the board’s decision – You may have the right to appeal license restrictions or revocation.
• Request a hearing – Plead your case to the board and explain why you should keep your license.
• Apply for reinstatement – If your license is revoked, you can usually apply to get it reinstated after a set period of time.

Having an experienced lawyer to represent you before both the criminal court and licensing board is key. They can give you the best chance to preserve your career after drug manufacturing charges.

Specific Professions Impacted by Drug Convictions

While any profession can be affected, some licenses are more likely to be targeted by boards after drug convictions. Here are details on how drug charges impact licensing for certain careers:

Nurses

Nurses who are convicted of drug crimes often face license suspension or revocation. Every state allows the Board of Nursing to discipline licenses for drug diversion, possession, manufacturing and other similar offenses. Nurses may be required to demonstrate sobriety for 6-12 months before returning to work. Those with multiple drug offenses are more likely to lose their licenses permanently.

Doctors

State medical boards will suspend or revoke medical licenses after criminal convictions, including drug crimes. Doctors sometimes get caught writing illegal prescriptions for addicted patients or even dealing drugs themselves. With their medical knowledge, doctors involved in manufacturing drugs often face lengthy suspensions of their licenses. Federal drug convictions may disqualify doctors from ever participating in Medicare again.

Pharmacists

Pharmacists who are charged with drug offenses may be prohibited from dispensing controlled substances. The state pharmacy board will likely suspend or revoke a pharmacist’s license after a drug conviction. Since their profession revolves around providing medications, pharmacists who illegally manufacture or divert drugs often lose their licenses permanently.

Teachers

Teachers charged with drug crimes frequently face license suspension or revocation. School boards do not want teachers with drug convictions having contact with students. While selling drugs usually leads to termination, possession charges may only result in a suspension. Teachers can increase their chances of keeping their licenses by successfully completing rehab programs and probation terms.

Engineers

Professional engineering licenses can be suspended or revoked for criminal convictions, including drug manufacturing. State engineering boards aim to protect public safety by keeping engineers with drug records from working on critical infrastructure projects. Engineers convicted of running clandestine drug labs often permanently lose their licenses.

Financial Advisors

State and federal regulators will revoke or suspend financial licenses for drug felonies. Investment advisors, bankers and insurance agents with drug convictions may be banned from their industries. Since financial professionals have fiduciary duties to clients, drug crimes like manufacturing raise concerns about honesty and integrity.

Getting Legal Help if Your License is at Risk

Don’t wait until it’s too late if your professional license is threatened by drug manufacturing charges. Consult with a criminal defense attorney and professional licensing lawyer right away. An experienced legal team can help mitigate the damage and give you the best chance to keep your career.

Some key steps a legal team can take include:

• Negotiating plea deals for lesser charges when possible
• Navigating the licensing board disciplinary process
• Presenting evidence of rehabilitation and fitness to practice
• Advocating for reinstatement of a suspended or revoked license

Don’t let a drug charge derail your livelihood. Get expert legal help to protect your professional license and your ability to work.

Sources:

https://www.findlaw.com/criminal/criminal-charges/drug-manufacturing-and-cultivation.html

https://www.lawinfo.com/resources/drug-crime/manufacturing-and-cultivation.html

https://www.health.ny.gov/forms/doh-4330.pdf

https://www.findlaw.com/criminal/criminal-charges/drug-dealing-and-drug-sales-charges.html

https://www.govinfo.gov/content/pkg/USCODE-2010-title21/html/USCODE-2010-title21-chap9-subchapV-partA-sec355.htm