Xanax is a prescription medication for anxiety and panic disorders. It belongs to a class of drugs called benzodiazepines, which work by slowing down the activity of the central nervous system. Its generic name is Alprazolam, and other street names include Z-bars, blue footballs, bars, planks, handlebars, Xansm, bennies, benzos, chill pills, totem poles, school buses, and white boys/girls.

Whereas Xanax is effective in treating anxiety and panic disorders, the risk of overdose cannot be overlooked. This risk informs the regulation of Xanax, specifically on possession and its use.

Regulation Of Controlled Substances

Xanax is a controlled substance regulated both at the state and federal levels. This means it is classified as a drug with potential for abuse and dependence, and its use is subject to certain restrictions.

State Regulation

The state regulations are enforceable through the following:

  • Health and Safety Codes 11375(b)(1) — Restricts the possession for sale of Xanax, and
  • Health and Safety Codes 11375(b)(2) — Prohibits possessing alprazolam for personal use unless you have a valid prescription.

Under the law, you should only obtain Xanax with a valid prescription from a licensed healthcare provider. The prescription must be written for a legitimate medical purpose, and a licensed pharmacy must fill it.

Xanax is a Schedule IV controlled substance. This means that it has a low potential for abuse relative to other controlled substances and is considered to have a lower risk of dependence than other drugs in the same class.

Schedule IV controlled substances are subject to certain restrictions, including the requirement for a valid prescription from a licensed healthcare provider. However, Schedule IV drugs have a relatively low risk of abuse and dependence compared to other controlled substances, and their use is subject to less stringent regulations.

  1. Possession of Xanax for Sale – HS 11375(b)(1)

HS 11375(b)(1) makes it an offense to possess Xanax for sale. According to this section, it is illegal for any person to have any controlled substance specified in Schedule IV with the intent to sell it. Acts in violation of this law include:

  • Possessing a large quantity of the drugs in a manner consistent with sales, or
  • Engaging in activities that indicate an intention to sell, for example, dividing the drug into smaller portions or packaging it for distribution.

Elements the Prosecution Must Prove

Prosecutors must prove certain elements beyond a reasonable doubt to successfully prosecute you for possessing Xanax for sale. These elements include:

  • Possession — The state must prove that you had possession of the Xanax. This could be actual physical or constructive possession, meaning you could control the drug even if it were not physically on your person.
  • Intent to sell — It must be clear to the jury that you intended to sell the Xanax. You did not simply possess it for personal use. This conclusion is based on evidence of the quantity of the drug, how it was packaged, or your actions or statements.
  • Knowledge — Prosecutors must show that you knew that you possessed the controlled substance.
  • Usable amount — Courts decide on a case-by-case basis whether the quantity is usable. However, as a general rule, the usable amount of a drug refers to one that can be consumed.

  1. Possession of Xanax for Personal Use – HS 11375(b)(2)

Health and Safety Code 11375(b)(2) criminalizes the possession of a controlled substance, in this case, Xanax, without a valid prescription.

According to this section, any individual commits a crime if he/she possesses any controlled substance specified in Schedule IV unless the individual obtained the drug directly from, or pursuant to a prescription or order of, a practitioner while acting in the course of his/her professional practice, or except as otherwise authorized by this section.

Elements the Prosecution Must Prove

In cases involving the possession of Xanax, the state must prove the following elements beyond a reasonable doubt to secure a conviction:

  • Possession — You must have actual or constructive possession of the Xanax, meaning you had physical control of the drug or had the power and intention to control it.
  • Knowledge — The prosecution must prove you knew that the drug was present and that it was a controlled substance. This knowledge can be inferred from your actions and the case circumstances.
  • Controlled Substance — Prosecutors must show that the drug in your possession was, in fact, Xanax, a Schedule IV controlled substance. This typically involves laboratory testing and analysis to confirm the presence and identity of the drug.

Federal Regulation

The Controlled Substances Act (CSA) is a federal law that regulates and controls the production, distribution, and possession of controlled substances, including drugs like Xanax. The CSA is Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970.

The CSA establishes a system for classifying controlled substances into five schedules based on their medical use, the potential for abuse, and the risk of dependence. The CSA gives the Drug Enforcement Administration (DEA) the responsibility for enforcing the Act's provisions and regulating the distribution of controlled substances.

The DEA has the authority to control controlled substances' production, distribution, and possession and to take action against individuals or organizations violating the CSA's provisions.

Note: Federal prosecutors make their case by proving the elements mentioned above under state law.

The possession of Xanax becomes a federal case if it involves violations of federal laws, including:

  • Drug trafficking across state lines,
  • Importation of Xanax into the country,
  • Money laundering or
  • Firearms offenses.

Techniques Police Use to Investigate Drug Crimes Involving Xanax

Police could use a variety of techniques to investigate drug crimes involving Xanax, including:

  • Undercover operations — Police could use undercover officers to purchase Xanax from suspected dealers to gather evidence of the sale of the drug.
  • Wiretaps and electronic surveillance — Police officers use wiretaps and other forms of electronic surveillance, for example, GPS tracking or cell phone monitoring, to gather evidence of drug transactions.
  • Search and seizures — Officers conduct searches of a suspect's home, car, or other property to find evidence of drug possession or sale.
  • Confidential informants — Police could also use confidential informants to gather information about drug trafficking and make controlled drug purchases.
  • Analysis of physical evidence — Police officers could analyze physical evidence like drug packaging or drug residue to link the drugs to a suspect or determine the quantity of drugs involved.

Law enforcement must use these techniques according to the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. The methods used vary based on the case's jurisdiction and specific circumstances.

Penalties Upon Conviction

Possessing Xanax to sell it without a valid prescription is a felony under HS 11375(b)(1). The crime is punishable by the following upon conviction:

  • Two, three, or four years in state prison and
  • A fine of up to $20,000.

Possession of Xanax without a valid prescription is a misdemeanor, per HS 11375(b)(2). Convictions result in the following penalties:

  • Up to one year in county jail and
  • A maximum fine of $1,000.

Alternative Sentencing For Personal Use Under Health And Safety Code Section 11375(b)(1)

Alternative sentencing options are available for those convicted of possession with intent to sell Xanax under Health and Safety Code Section 11375(b)(1). Alternative sentencing options include:

  1. Probation

Probation is a standard alternative sentence for those convicted of drug crimes. Probation typically involves a period of supervision by a probation officer and includes conditions like drug testing, community service, and mandatory treatment.

  1. Deferred Entry of Judgment (“DEJ”) Program

The Deferred Entry of Judgment (DEJ) program is a sentencing alternative that allows certain defendants charged with drug offenses to avoid a conviction by completing a drug treatment program. If the defendant completes the program and satisfies any other conditions, like paying fines, the charges will be dismissed, and the defendant will not have a criminal conviction. However, the state will not dismiss the charges if the defendant fails to complete the program or violates any conditions.

The DEJ program is not available for all drug offenses, and eligibility depends on the specific facts of the case, the defendant's criminal history, and other factors

  1. Reduced Sentence

In some cases, a defendant could be eligible for a reduced sentence, including a shorter period of imprisonment or a reduced fine, based on their cooperation with the prosecution or other mitigating factors.

Note: Alternative sentencing options are not guaranteed and depend on the circumstances of the case and your criminal history. An experienced criminal defense attorney can guide you through the available sentencing options and work to negotiate the best possible outcome in your case.

Defenses To Drug Crimes Involving Xanax

You can assert several defenses to challenge the drug-related charges involving Xanax. These include the following:

  1. You Had a Valid Prescription

You could avoid conviction if you can prove that you obtained the drug legally with a valid prescription from a licensed healthcare provider, you could avoid conviction. However, you must prove you did not intend to sell or distribute the drug illegally. Additionally, the prescription must still be valid and in compliance with the law at the time of the alleged crime.

  1. Lack of Knowledge

Lack of knowledge or intent is a common defense in drug crime cases involving Xanax or other controlled substances. This defense applies if you were not aware that you were in possession of Xanax or if you had no intention of possessing or using the drug.

For example, if the Xanax was planted on you or unknowingly in your possession, you could raise this defense. However, the burden of proof is on you, and you must present evidence to support your claim.

  1. Entrapment

Under the entrapment defense, you will assert that you were induced or lured by law enforcement or government agents into committing the crime the prosecution accused you of.

You must show that you were not predisposed to commit the crime and that the government or law enforcement induced or lured you into committing the crime through coercion, harassment, or undue influence. Only then can you successfully raise the entrapment defense.

The prosecution must then prove that you were predisposed to commit the crime and that the government or law enforcement did not induce you into committing the crime. This defense is complex, and the outcome depends on the specific facts of each case.

  1. Illegal Search and Seizure

This defense is based on the Fourth Amendment, which protects individuals from unreasonable searches and seizures by the government. A search passes the constitutional threshold if it is based on probable cause and conducted with a warrant or with the individual's consent.

If law enforcement conducts a search without a warrant or probable cause, or if they exceed the scope of a warrant, the courts will exclude any evidence obtained as a result of that search from trial under the exclusionary rule. This means the court could dismiss the charges if the evidence were essential to the prosecution's case.

Related Crimes Involving Xanax

Prosecutors can charge Xanax possession in addition to other offenses. They could also choose to prosecute the following crimes as alternatives to the possession charges:

  1. Possession of Drug Paraphernalia

The possession of drug paraphernalia is defined under Health and Safety Code section 11364 as possessing any equipment, product, or material intended to be used to manufacture, store, cultivate, process, test, analyze, pack, or contain a controlled substance.

In an HSC 11364 violation case, the prosecution must prove the following elements beyond a reasonable doubt:

  • You possessed an item that was drug paraphernalia.
  • You knew that the device was drug paraphernalia.
  • You intended to use the instrument for illegal drug use.

Possession of drug paraphernalia is a misdemeanor offense and is punishable by up to 6 months in county jail and/or a maximum fine of $1,000.

  1. Being Under the Influence of a Controlled Substance Without a Valid Prescription

Health and Safety Code section 11550 makes it a crime to be under the influence of a controlled substance without a valid prescription.

The prosecution must prove the following:

  • You were under the influence of a controlled substance.
  • A licensed physician did not prescribe you the controlled substance.
  • You knew or should have known that the substance was controlled.

If convicted, you could face misdemeanor penalties, including imprisonment in county jail for up to one year and a fine of up to $1,000.

  1. Driving Under the Influence of Drugs

Driving under the influence of drugs (DUID) is a criminal offense under Vehicle Code 23152(f).

In a driving under the influence of drugs case, the prosecution must prove the following elements beyond a reasonable doubt:

  • You were driving a vehicle while under the influence of drugs.
  • You drove the vehicle to the extent it impaired your ability to drive with the same caution, as a person of ordinary prudence, under similar circumstances.

In addition to these elements, the prosecution could also use evidence of symptoms, for example, erratic driving, slurred speech, and poor coordination, to show that you were under the influence of drugs while driving.

The penalties for a first offense of driving under the influence of drugs (DUID) under VC 23152(f) include:

  • A fine of up to $1,800.
  • Up to six months in jail or a court-approved alternative program, and
  • A license suspension of at least six months.

The fines and jail time increase for subsequent offenses, and the license suspension can be up to one year. In addition, DUID charges can result in increased insurance rates and a criminal record, which can affect employment and other opportunities.

  1. Sale of Synthetic Drugs

Health and Safety Code 11375.5 outlines the penalties for selling synthetic drugs. This section makes it illegal to sell, offer to sell, or furnish synthetic drugs to induce someone to use the drug.

The prosecution must prove the following elements beyond a reasonable doubt to convince the jury to convict you for the HSC 11375.5 violation:

  • You sold, offered for sale, furnished, or gave away a synthetic drug.
  • You knew that the drug was a synthetic drug.
  • You intended to sell, offer for sale, supply, or give away the synthetic drug.
  • The defendant sold, offered for sale, furnished, or gave away the synthetic drug.

Under HSC 11375.5, the sale of synthetic drugs is illegal. The state can pursue felony or misdemeanor charges, depending on the circumstances of the case.

If convicted of a misdemeanor, the punishment can include a county jail sentence of up to one year and a maximum fine of $1,000. ficfap

If convicted of a felony, the punishment can include a state prison sentence of 2, 3, or 4 years and a fine of up to $50,000.

Find a Los Angeles Criminal Defense Attorney Near Me

An accusation of possessing Xanax or having Xanax for sale is a serious charge. The risk of long-term consequences if convicted is high. As a result, you will need the assistance of an experienced attorney to fight the charges. Count on the Los Angeles Criminal Attorney to help you fight the allegations. Contact our team at 424-333-0943 for a free case review.