1-008.03F Disqualification of an Individual with Drug-Related Convictions

475 NAC 1-008.03F

An individual must have committed the violation and been convicted after August 22, 1996, of a felony involving drugs. The violation and conviction must have an element of possession, use, sale, or distribution, including the intent to sell or distribute, of a controlled substance as part of the court record. Only the individual is disqualified, not the entire household.

An individual is permanently disqualified when:

1. S/he has three or more drug-related felony violations and convictions involving the possession or use of a controlled substance;

2. S/he has been convicted of a felony involving the sale or distribution of a controlled substance, including the intent to sell or distribute; or

3. S/he has fewer than three drug-related felony violations and convictions for the possession or use of a controlled substance but does not participate in or has not completed an approved substance abuse treatment program since the date of the last conviction.

See 475 NAC 3-001.08B, "Eligible Drug Felon".

{4/10/06}

1-008.03F1 Individuals with Fewer Than Three Felony Drug-Related Convictions