The opioid crisis is front-page news across the United States. Many patients get addicted to opiates after receiving legal prescriptions from their doctors, and as their sickness progresses, they may resort to other types of opioids. Many prescription medicines, including anti-anxiety drugs like Xanax, can become addictive in addition to opioids.
One concern that frequently arises is whether or not a person can face criminal charges for possessing or trafficking prescription medications. Is it possible to be prosecuted with a criminal for using medications that your doctor prescribed? It depends on the case. Continue reading to discover more about the offenses of possessing prescription drugs and possessing prescription medicines with the intent to sell under California law. Then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Prescription Drug Possession
It is against the law in California for anybody to have any useable amount of a restricted drug without a prescription. Heroin, cocaine, methamphetamine, and oxycodone are examples of controlled substances. Possession of one of these chemicals is permitted if a person has a legitimate prescription for it (for example, a prescription stimulant medicine to treat ADHD).
The prescription must be in the name of the person who has possession of the substance and must not have been obtained via deception or fraud in order to be genuine. If someone obtains a prescription through deception — for example, by traveling from doctor to doctor and falsely claiming to have a back problem in order to get narcotics — they may face a misdemeanor or felony charge of prescription drug fraud.
If a person has prescription medications but does not have a valid prescription, he or she may be prosecuted with possession of prescription drugs. This is a wobbler crime, which means that depending on the facts of the case and the defendant’s previous history, it might be prosecuted as a felony or a misdemeanor.
A misdemeanor carries a maximum sentence of one year in county prison and a fine of $1,000. A felony carries a sentence of up to three years in county prison. Those charged with felony drug possession may be eligible to have their sentences reduced if they go to drug rehab. This possibility can be explained to you by an expert drug defense lawyer.
Buying and Selling Prescription Drugs
You might be prosecuted with possession for sale in California if you sell prescription medicines for any purpose. You might be prosecuted with this offense even if you have a legal prescription and just sell one pill. For this violation, there is no minimum amount that must be sold.
Selling prescription medications is a crime punishable by up to four years in county prison and/or a $20,000 fine. People charged with this crime are not eligible to participate in a treatment program to lower their charges. It makes no difference that the narcotics were in your possession legitimately or that you just sold one pill. Under California law, you might be prosecuted with this crime if you are discovered selling even one prescription drug.
What to Do if You Are Charged with a Prescription Drug Crime in California
Dealing in prescription medicines is a serious violation in California, with serious repercussions. While you may be eligible for alternative sentencing if you are charged with simple possession of prescription drugs, you will not be able to do so if you are accused with distributing prescription drugs. That is why it is critical that you engage an experienced drug defense lawyer.
Our legal staff at Chambers Law Firm is dedicated to assisting clients in achieving the best possible results in their cases. To book a free first consultation, call 714-760-4088.
