Is illegal possession or distribution of prescription medication a felony in California?
The illegal possession or distribution of prescription medication could be charged as a felony or a misdemeanor in California. California law strictly regulates prescription drugs, and any unauthorized use, possession, or distribution of prescription medications can result in criminal charges.
Under California law, it is illegal to possess, transport, distribute, or sell prescription drugs without a valid prescription or license. The illegal possession of prescription drugs is typically charged as a misdemeanor, but in some cases, it may be charged as a felony, depending on the circumstances of the offense.
The penalties for illegal possession or distribution of prescription medication in California can include:
– Imprisonment: Depending on the nature and severity of the offense, a conviction for illegal possession or distribution of prescription medication can result in imprisonment in county jail or state prison for up to several years.
– Fines: A conviction for illegal possession or distribution of prescription medication may result in fines of up to thousands of dollars.
– Probation: In some cases, a court may sentence a defendant to probation instead of imprisonment. Probation typically comes with conditions such as regular meetings with a probation officer, drug testing, and completion of drug treatment programs.
– Permanent criminal record: A conviction for illegal possession or distribution of prescription medication can result in a permanent criminal record, which can impact employment, housing, and other areas of life.
It is important to note that the penalties for illegal possession or distribution of prescription medication can be enhanced if the offense involved aggravating factors, such as the use of a weapon, involvement in a larger drug trafficking operation, or the sale of drugs to minors. Therefore, if you are facing charges related to prescription drug offenses in California, it is crucial to consult with an experienced criminal defense attorney to understand your legal options and potential defenses.
What are the most common prescription drugs illegally distributed or sold?
The most commonly illegally distributed or sold prescription drugs in California and the United States include:
- Opioids: Opioids are a class of drugs that are commonly prescribed for pain relief. They include medications such as OxyContin, Vicodin, and Percocet. Opioids are highly addictive, and their misuse can lead to overdose and death.
- Benzodiazepines: Benzodiazepines are a class of drugs commonly prescribed for anxiety, insomnia, and other mental health conditions. They include medications such as Xanax, Valium, and Ativan. Benzodiazepines can be highly addictive and dangerous when misused.
- Stimulants: Stimulants are a class of drugs commonly prescribed to treat attention deficit hyperactivity disorder (ADHD) and other conditions. They include medications such as Adderall and Ritalin. Stimulants can be highly addictive and can lead to serious health problems when misused.
- Barbiturates: Barbiturates are a class of drugs commonly prescribed for anxiety, insomnia, and seizure disorders. They include medications such as Nembutal and Seconal. Barbiturates can be highly addictive and can lead to serious health problems when misused.
It is important to note that the illegal distribution and sale of prescription drugs is a serious criminal offense in California and can result in significant penalties, including imprisonment and fines. If you are facing charges related to the illegal distribution or sale of prescription drugs, it is important to seek the advice of an experienced criminal defense attorney who can help you understand your legal options and build a strong defense.
Possession or sale of prescription medication or pills without proper prescription is illegal under California law. Addiction to commonly used drugs such as Adderall, Ativan, Klonopin, Suboxone, and Vicodin for medical purposes is on the rise in California. Possession of these medications or possession of drugs for sales could be charged as a felony depending on the amount under California Health and Safety Code sections 11350(a), 11350(b), 11351, and 11054.
DEFENSES TO ILLEGAL POSSESSION OF PRESCRIPTION MEDICATION
You have a defense if you had a valid prescription for the medication. If you temporarily obtained medication from a family member who had a valid prescription from a licensed physician, sometimes, the court takes that into consideration as a mitigating factor. Necessity is another defense if the medication was taken when there was no other option available under the circumstances. Ignorance of the law that you didn’t know you needed a prescription for the controlled substance in question is not a defense. You could also argue that the medication was not in your possession although it was found in a vehicle or a home that was searched. An experienced criminal lawyer in Los Angeles can fashion a strategic defense for you after looking at all the facts. Your lawyer may also challenge the search of a vehicle or house to suppress the illegal drugs seized and introduced as evidence. This may result in dismissal of your case altogether.
