Even if the prescription is in your name, if you sell prescription drugs, it could lead to serious trouble.
Across the United States, the opioid epidemic is front page news. Many people become addicted to opiates through legal prescriptions from their doctors — and may eventually turn to other forms of narcotics as their disease takes hold. Beyond opioids, there are many types of prescription drugs that can become addictive, including anti-anxiety drugs such as Xanax.
One question that often arises is what criminal charges a person may face for possessing or dealing prescription drugs. If your doctor prescribes you drugs, can you still be charged with a crime based on your use of them? According to a drug defense lawyer Los Angeles, CA, it depends on the situation. Read on to learn more about the crimes of possession of prescription drugs and possession with intent to sell prescription drugs under California law.
Possession of Prescription Drugs
California law makes it illegal for any person to possess any usable amount of any controlled substance without a prescription. Controlled substances may include drugs such as heroin, cocaine, methamphetamine and oxycodone. However, if a person has a valid prescription for one of these substances (for example, a prescription stimulant medication to manage ADHD), then possession of that drug would be considered legal.
To be valid, the prescription must be in the name of the person who possession of the drug, and the prescription must not have been obtained through deceit or fraud. If a person does get a prescription through fraudulent means — for example, by going from doctor to doctor, falsely claiming to have a back injury in order to get narcotics — it could result in a misdemeanor or felony charge for prescription drug fraud.
If a person does not have a valid prescription and possess prescription drugs, he or she can be charged with the crime of possession of prescription drugs. This is a wobbler offense, which means it can be charged as a felony or misdemeanor depending on the facts of the case and the criminal history of the defendant. For a misdemeanor, the punishment is up to 1 year in county jail and a fine of up to $1,000. For a felony, the punishment is up to 3 years in county jail. People charged with felony drug possession may be able to have their sentences reduced by attending drug treatment. An experienced drug defense lawyer Los Angeles, CA can work with you to explain this option.
Dealing Prescription Drugs
If you sell prescription drugs for any reason in California, you could be charged with possession for sale. Even if you have a valid prescription — and if you only sell one pill — you could be charged with this crime. There is no minimum threshold that must be sold for this offense.
Selling prescription drugs is a felony offense, punishable by up to 4 years in county jail, and/or a fine of up to $20,000. People charged with this offense are not eligible to enter into a treatment program as a way to reduce the charge against them. Again, it is irrelevant that the drugs were legally in your possession, or that you only sold one pill. If you are caught selling even one prescription pill, you could be charged with this crime under California law.
Under California law, dealing prescription drugs is considered a serious offense, with severe consequences. While there may be opportunities for alternative sentences for simple possession of prescription drugs, there is no such chance if you are charged with dealing prescription drugs. That makes it all the more important that you hire a skilled drug defense lawyer Los Angeles, CA to represent you.
At the Chambers Law Firm, our team of legal professionals is highly skilled at helping clients achieve the best possible outcome for their cases. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
