Opioids are common painkillers whose prescription and usage are highly regulated. They are compelling and can cause significant complications, even when used responsibly. Accidental deaths and overdoses are some of the most commonly reported problems with opioids. Unfortunately, the effects of opioids make them perfect prey for people who leisurely use drugs. After some time of using them, these people become addicted, causing them to engage in illegal acts to sustain their addiction.
Drug laws are stringent, especially those against the distribution and trafficking of controlled substances. They can result in a lengthy time in jail and a hefty court fine. However, most people who are arrested for non-violent drug crimes due to addictions are usually in need of treatment and support, not punishment. If your loved one is facing drug-related charges for opioid addiction, they could benefit more from counseling and professional care. That is why you must fight alongside a skilled criminal attorney to ensure your loved one receives the help they deserve.
Drug Laws in Brief
Drug use and abuse are common problems in California despite the stringent measures the government has taken to curb the vice. Being one of the largest states in the U.S., California has several transit hubs, which have made it easier for drug dealers to traffick drugs in and out of the state. The police are always on the lookout for drug-related activities. They conduct swift arrests and gather compelling evidence to ensure that perpetrators are penalized for their involvement.
Over the years, different laws have been put in place to reduce the use, abuse, importation, and transportation of regulated drugs in the state. These laws also minimize dependency on drugs and drug offenses. Some of the drug offenses that are dealt with harshly in California include the following:
● Simple possession of regulated drugs
● Possession for sale of regulated substances
● Drug trafficking
● Cultivation, manufacture, and production of regulated substances
If the police arrest you for a drug-related offense, your charges will match the details of your crime. Penalties for different drug charges vary in severity; some result in a few months in jail, while others result in several years in prison. The consequences of a drug-related conviction go beyond incarceration and a hefty court fine. It will affect your life in many ways, including your ability to find suitable employment and social life.
Sadly, most of these laws do not address the main drug problems in society, including drug abuse and addiction. If a person commits a crime due to drug addiction and is sentenced to months or years in jail or prison, that penalty could be insufficient to address the main problem, which is addiction. The majority of people who commit drug-related crimes battle with addiction. Fortunately, some statutes aim to ensure these people are sent to rehabilitation facilities for treatment and education instead of jail. The latter ensures they receive the help they need to live productive and crime-free lives.
However, it is challenging to know and use these laws if you are unfamiliar with them or the legal processes that could result in a favorable outcome for your drug-related charges. However, an experienced criminal attorney can help, as they understand these issues better. For example, your attorney can utilize Prop. 47 provisions to fight for a reduced sentence if you face felony charges for possession of a controlled substance.
It is necessary to understand that drug offenses are categorized into three categories: infractions, misdemeanors, and felonies.
Infractions result in court fines, while misdemeanors can result in jail time. Felonies are more severe and can result in prison time. Simple possession of opioids for personal use is mainly a misdemeanor offense, punishable by probation, a one-year jail sentence, and a fine of $1000 or less. Possession of the following controlled substances can result in misdemeanor charges under HS 11350:
● Cocaine base
● Schedule I opioids, including heroin and opium derivatives
● Hallucinogens under Schedule III
● Opiates and narcotics under Schedule II
● Masculine, synthetic cannabis and peyote
● Regulated prescription rugs under Schedules III, IV, and V without a valid prescription
Opioid Addictions
Opioids are naturally made from the opium poppy plant. They are controlled substances as they affect the brain’s function once used, even in safe amounts. Opioids are used primarily for pain alleviation. Thus, doctors prescribe them as pain medications. However, their use, sale, and distribution are highly regulated, just like other controlled severe substances like heroin.
When used to alleviate pain, opioids block pain triggers between the user’s body and brain, making them ideal for moderate-to-acute pain alleviation. In addition to helping with pain management, they cause the users to feel euphoric, relaxed, and sometimes high. They are also highly addictive, making them prone to abuse. Opioids produce adverse side effects like lethargy, nausea, disorientation, diarrhea, and reduced breathing.
Thus, opioids are not your regular pain medication. Even though they are good at managing acute pain, they have more severe side effects than common pain medications like ibuprofen and aspirin. Most people who use opioids do not use them for their pain relief benefits but for other addictive side effects like ‘the high’ and relaxation effects. Continuous use of opioids builds reliance and tolerance, causing you to want more of the drug every day. This is what results in addiction or use disorder.
Excessive use of opioids can also affect how you breathe and general brain function. Thus, an overdose can be lethal. Even with strict regulations against the use, sale, and distribution of opioids, people still have access. The CDC has also made significant efforts to combat the tragic patterns associated with the illegal use of opioids. Still, so many cases of opioid addiction and fatalities are reported every year. Hundreds of people are affected, including those who are battling addictions and those who have lost loved ones to lethal overdoses.
Sadly, the state’s problem with opioids goes beyond possession, sale, and distribution. It is necessary to find ways to help those who are addicted because incarceration and other criminal penalties do not always produce the desired results. Some of the common opioids in California include the following:
● Prescription drugs like oxycontin
● Heroin, which is listed among the most dangerous regulated substances under the law,
● Fentanyl is one of the most potent synthetic opioids around (stronger in effect than morphine)
Laws Governing Prescription Drugs
Prescription medicine helps a lot in managing medical conditions. However, some of these medications are regulated because of their potential for addiction and abuse. Abuse of prescription medication is not a new issue in California. Many people believe that drug laws only apply to regulated substances like heroin, cocaine, ecstasy, and methamphetamine. However, they also apply to using, possessing, and selling prescription medication without a valid prescription or permit. You can also face charges for forging a prescription to obtain a regulated prescription drug illegally.
It is necessary to understand how these laws work. Then, you will know what to do to obtain a fair outcome for your case if you face drug charges related to the use or distribution of controlled prescription drugs.
If you possess controlled prescription medication without a valid prescription, you can face charges under HS 11350. The drugs for which you can face charges under this statute include pain medication like Vicodin and Xanax (anti-anxiety drugs).
Remember that the Controlled Substances Laws cover all regulated substances, including illegal street drugs and some prescription drugs. You are criminally liable if you possess prescription drugs without a valid prescription. A valid prescription must contain the drug in your possession and must be issued by an authorized medical practitioner, like a doctor, dentist, physical therapist, or chiropractor. Some years ago, criminal possession of a controlled substance could result in felony charges, but with the recent enactment of Proposition 47, the prosecutor can reduce your charges to a misdemeanor.
However, even with a reduced criminal charge, you could be sentenced to jail and be required to pay a hefty court fine for possessing prescription medication illegally. However, a skilled criminal attorney can help you fight your charges to compel the judge to reduce or dismiss them altogether. Your attorney can also fight for drug diversion instead of incarceration. Drug diversion offers more benefits, including treatment and rehabilitation, with zero jail time. Once you complete treatment and rehabilitation, the judge can dismiss your charges.
Possession for Sale of Prescription Medication
Licensed individuals and facilities must conduct the sale of prescription medicine. It is legal to sell prescription medication if you have the authorization or license. If the police arrest you for possession of prescription medication with the intent to distribute or sell it, you can face serious felony charges under HS 11351. The punishment for this will include a lengthy prison sentence and a hefty court fine.
A skilled criminal attorney can use various strategies to help your situation. For example, they can convince the jury that you did not intend to sell the drugs in your possession. That could result in a reduced charge and a more favorable penalty.
Possession of Unlawful Prescription Drugs
Remember that prescription drugs are not entirely illegal. If used correctly and within the prescribed time, they can help manage medical conditions and symptoms. Many people who commit drug crimes related to prescription drugs start with a valid prescription after an accident or illness. After continuous, prolonged use and dependence on the medication, they become addicted. Once these people recover and can no longer obtain a valid prescription, they use illegal means to feed the addiction and avoid the harsh effects of drug withdrawal.
If the police arrest you for prescription medication for which you do not have a valid prescription, you can face serious criminal charges. The prosecutor will charge you according to the details of your case. For example, if you use deception, fraud, scam, concealed information, or falsification to obtain prescription medication illegally, you will face charges under HS 11173. You are also criminally liable if you see multiple medical practitioners get several prescriptions for the same drug.
A violation of this law is a wobbler, which means that the prosecutor can file felony or misdemeanor charges against you. The maximum possible penalty if you are convicted is three years.
Forging or Falsifying a Prescription
HS 11368 makes it a crime to forge or falsify a prescription to obtain prescription medication. If you are arrested for passing a false or forged prescription as genuine, the prosecutor will file charges under this statute. The offense is a wobbler, meaning the prosecutor can file misdemeanor or felony charges against you. The maximum penalty you will receive upon conviction is three years in prison.
You are guilty of this offense as long as you knowingly pass a false or forged prescription as genuine, not necessarily falsifying or forging a prescription.
Medical practitioners can also face severe charges for prescribing regulated prescription medication for individuals who are fighting addictions or are known drug abusers. If a doctor provides a valid prescription to someone who is not their patient, they, too, can face criminal charges under HS 11154. A criminal charge like this can result in disciplinary action against the medical practitioner and a subsequent loss of their professional license.
If, as a medical practitioner, you intentionally prescribe a controlled substance to a person known to abuse drugs or is addicted to drugs, you could face felony charges, punishable by up to three years in prison.
The Illegal Possession of Fentanyl
Fentanyl is classified under opiates, according to HS 11055. It is a type of synthetic opioid, the type of controlled substance that accounts for the highest number of drug-related fatalities across the country. Fentanyl is, in itself, a pain medication. Medical practitioners can prescribe it to provide breakthrough pain relief, primarily to cancer patients. It is mainly administered through injections, as a tablet, or through a topical patch. However, it is highly addictive. An overdose and prolonged use of fentanyl are harmful to the brain and can be fatal. Accidental overdoses are very common.
The calming and relaxing effect of fentanyl is the reason why it is trendy among drug users and abusers. It is sold illegally on the streets in all forms, including pills, sprays, powders, and drops. The pills are almost similar to fentanyl in prescription medication. Some people lace fentanyl with other narcotics, like heroin, meth, cocaine, ecstasy, and molly. These combinations are even more addictive and dangerous. However, people do all this in hiding because possession of fentanyl, even in small amounts, is unlawful.
HS 11350 makes possession of fentanyl a wobbler offense. It means that the prosecutor can file misdemeanor or felony charges against you. If the amount found on you is only for personal use (simple possession), you will face misdemeanor charges. However, the prosecutor can file a felony charge if you have a prior conviction for the same or a more serious drug or violent offense.
For example, suppose you have a previous conviction for a sexually violent offense, lewd acts with a minor, or a homicide or gun-related offense. In that case, the prosecutor can file felony charges against you. Possession of substantial amounts of fentanyl will result in grave charges.
Though Proposition 47 allows you to petition for a criminal charge reduction for possession of a controlled substance, the judge will consider the facts of your case to grant your petition. If you had more substantial amounts of narcotics or had the intent to sell, distribute, or give away the drugs in your possession, your charge would remain a felony.
What To Do if You Face Drug Charges Related to Opioid Addiction, Prescription Drugs, or Fentanyl
Prosecutors charge drug-related cases on a case-to-case basis. The prosecutor will consider the facts of your case and criminal history to determine your charges. The judge will also consider the same factors to determine your sentence after a conviction. Thus, working alongside an experienced criminal attorney is advisable to fight for the best possible outcome for your case.
If you face drug charges due to an addiction, your attorney can fight for treatment and rehabilitation instead of incarceration. Then, you will have a second chance to start on a clean slate. Skilled attorneys have the best legal defense strategies for various drug-related cases. An experienced attorney will not rest until you are happy with your case’s outcome.
Find a Skilled Criminal Defense Lawyer Near Me
Do you or someone you know face a drug-related charge in Los Angeles due to an opioid addiction, a prescription drug, or fentanyl?
Drug crimes are severely punished in California. A conviction for simple possession can result in a lengthy jail term and a hefty fine. Your sentence could be longer if you have a severe criminal history. Felony convictions result in life-changing consequences. That is why you must fight hard for a fair outcome during the trial.
At Los Angeles Criminal Attorney, we can help you better understand your charges, options, and the legal process. We will also protect your rights and use our best defense strategies to obtain a favorable outcome for your case. Call us at 424-333-0943 to learn more about your legal situation and our services.
