Over the past year, we have represented two medical doctors and a pharmacist, all of whom were licensed in Pennsylvania. On separate occasions, each of these professionals has attended the Lost Lands Festival in Legend Valley, Ohio. Each of these professionals was arrested and charged with felony possession of drugs.
The scenario in each of these cases is frighteningly similar. These individuals were stopped on Interstate 70 for various motor vehicle violations, such as changing lanes without direction. A car stop was initiated by the Ohio State Highway Patrol. The trooper asked each of these individuals if they were going to the Lost Lands Festival. When each petson said “yes,” the trooper asked if drugs were in the car. The trooper then stated to each individual that it is known to the trooper that people going to the Lost Lands Festival often take illegal drugs into it. Each of the individuals denied drugs were in the car. The trooper then called for a drug-sniffing canine and told the individuals that this could be done the easy way or the hard way. Each individual then consented to a search of the car, which resulted in the confiscation of small amounts of drugs.
Each individual was criminally charged with felony possession of a drug and then entered the Intervention In Lieu Of Conviction program in Ohio, which allows for the dismissal of the charges after a minimum period of one year if the program is successfully completed. Although it is not a conviction, entry into this program is deemed to be a conviction under the Pennsylvania Medical Practice Medical Practice Act as well as the Pennsylvania Pharmacy Board Act and must be disclosed to the appropriate Board.
This will result in a Pennsylvania Board investigation, which could have severe consequences for your professional license. If you ever plan to attend this particular festival, please keep in mind that what appears to be a regular occurrence by the police may result in your car being stopped and searched.
If you are charged with the crime and hold a professional license, you should immediately contact our office to discuss your rights and obligations. You should consult an experienced board disciplinary attorney to navigate the complexities of these licensing matters.