Possessing Adderall Without a Prescription In California
Adderall is a prescription medication often used to treat conditions such as ADHD and narcolepsy. However, because it has a high potential for dependence, it is classified as a controlled substance.
Adderall is a federally regulated drug composed of a combination of amphetamine and dextroamphetamine. It stimulates the central nervous system.
Under California Health and Safety Code 11350 HS, unlawfully possessing Adderall is usually charged as a misdemeanor, potentially resulting in up to one year in county jail and a fine of up to $1,000 if found guilty. 'Possess' refers to having it on your person without a valid prescription.
Controlled Substances Act (CSA)
HS 11350 is the law that bans possession of certain controlled substances without a valid prescription.
A "controlled substance" refers to a drug or chemical whose production, possession, and use are regulated under the "Controlled Substances Act (CSA)."
Under Schedule II of the CSA, Adderall is classified as a controlled substance, which means possessing this chemical is regulated by Health and Safety Code 11350 HS. In simple terms, you are only legally allowed to possess Adderall if you have a valid prescription.
Understand how prior convictions, such as sex crimes or serious felonies like murder, can influence whether illegal possession of Adderall is prosecuted as a felony or misdemeanor, which is a common concern for defendants with criminal histories.
What Exactly is Adderall?
The DEA categorizes Adderall as a Schedule II controlled substance. This indicates that although it has legitimate medical applications, it also carries a high risk of abuse, which can result in severe physical and psychological dependence. Schedule II substances are drugs that:
- Has a high potential for abuse, though less than Schedule I drugs, and
- May cause serious psychological or physical dependence if misused.
Adderall is a powerful stimulant made up of two main components: amphetamine and dextroamphetamine. It works by boosting specific chemicals in the brain that aid focus, attention, and impulse control.
When properly prescribed, it assists patients with attention deficit hyperactivity disorder (ADHD) in maintaining a consistent level of stimulation and focus. Adderall is also commonly used to treat narcolepsy.
What are the Side Effects?
However, for individuals without a valid medical reason, abusing Adderall can lead to an intense increase in energy and feelings of euphoria due to dopamine release—many students use it as a "study buddy" to stay awake all night. Such misuse of Adderall can cause various side effects:
- Mood swings
- Dry Mouth
- High blood pressure
- Headaches
- Loss of appetite
- Weight loss
Misusing this drug can cause chemical dependency because the brain builds a tolerance, needing higher doses for the same effect. It also poses serious health risks such as heart disease, high blood pressure, and mental health issues.
What Types of Drug Crimes Involve Adderall?
As noted, under California Health & Safety Code 11350, possessing Adderall without a prescription is a misdemeanor. This law bans the possession of Schedule II controlled substances, including Adderall, without a valid prescription.
To convict you of a crime under HSC 11350, prosecutors need to prove the following elements beyond a reasonable doubt:
- It was determined that you possess a controlled substance.
- You knew the substance was present.
- You recognized that the substance involved was a controlled drug.
- The amount was sufficient for use, and
- You did not possess a valid prescription for the medication.
In certain situations, you might also encounter other drug-related offenses involving Adderall, including the following:
- Possessing Adderall with the intent to sell (HS 11351)
- Sale and transportation of Adderall (HS 11352)
- Possessing Adderall while carrying a firearm (HS 11370.1)
What Defines Possession?
California law identifies three categories of possession according to HSC 11350:
- Actual Possession means having physical custody of the drug; for instance, if Adderall is in your pocket, then you possess it.
- Constructive possession refers to having control over the location of the drug, even if it's not on your person. For example, if Adderall is found in your locker, you could be considered to have constructive possession of it.
- Joint Possession happens when two or more people share control over a drug. For example, if you and a friend both have control over a stash of Adderall, both of you could be seen as having joint possession.
A usable amount refers to any quantity sufficient for someone to use as a controlled substance. It doesn't have to be enough to affect the person taking it. However, traces or debris are not classified as usable amounts.
What Are the Penalties for a Conviction?
Being found guilty of possessing Adderall without a prescription can result in penalties such as:
- Up to one year in county jail; and
- Fines start at $1000, increasing to at least $2000 for repeat offenses.
However, the judge also has the discretion to order probation rather than jail, which may include a required number of community service hours.
Are you Eligible to Participate in a Diversionary Program?
Depending on your case's circumstances, you might qualify for a drug pretrial diversion program, whether under PC 1000, Proposition 36, or via a drug court.
In each case, you would participate in a mandatory treatment and drug education program rather than facing a conviction and jail time.
Successfully completing the program would result in the charges being dismissed. These programs are usually available for non-violent, first-time offenders.
What Are the Available Defenses?
If you face charges under HSC 11350 for illegal possession of Adderall, a knowledgeable California criminal defense lawyer might use various strategies to challenge the allegations. These strategies include, but are not limited to:
- Lack of Knowledge: You were unaware that you had Adderall, perhaps because someone slipped the pills into your bag without your knowledge, or you accidentally picked up someone else's bag containing the drugs.
- Valid Prescription: You possess a valid prescription issued by a licensed medical professional, which can usually be confirmed by reaching out to your doctor or pharmacy.
- Temporary Possession: You temporarily possessed Adderall and were trying to dispose of it. This defense claims you did not intend to use or control the substance.
- Unlawful Search and Seizure: If adderall was found during an illegal search by law enforcement. If a court determines that your Fourth Amendment rights were breached during the search, the evidence cannot be used in court.
If you require additional information, reach out to our law firm for a case review and to explore your legal options. The Hedding Law Firm is located in Los Angeles, CA.
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