Prescription Drug Crimes
Anaheim Drug Defense Attorney
Were you arrested for a prescription drug related offense? Narcotics such
as marijuana and cocaine are not the only drugs that can warrant an arrest
in the state of California. There is the potential to be arrested for
a drug offense even if you had a valid prescription. For example, you
could be arrested and charged with DUI involving drugs if you were tested
to have prescription drugs in your system at the time law enforcement
halted your vehicle. In California, most prescription drugs are classified
as Schedule II through Schedule V drugs.
Because prescription drugs can alter behavior and perception, taking prescription
drugs and then driving could potentially end in a DUI conviction. You
can also be arrested for possessing prescription drugs without a valid
prescription, writing false prescriptions or manufacturing prescription
drugs without a license. If you have been accused of any of these, then
make no hesitation in contacting an Anaheim drug crime lawyer from The
Law Office of Barney B. Gibbs.
What is prescription fraud?
If you are not a person's primary medical practitioner, then it is
illegal for you to write a prescription or give a prescription out. It
is also illegal for a doctor or pharmacist to write a prescription with
the knowledge that there will be misuse of the drug. It is also possible
for a patient (not a doctor) to write a fraudulent prescription in order
to gain access to potent prescription drugs. Even some over-the-counter
drugs can be used for purposes other than those intended. Some examples
of commonly abused prescription drugs are listed below:
Adderall and Ritalin are both Schedule II drugs on the United States Drug
Schedule. Schedule II drugs have a high potential for abuse, but are not
quite as dangerous as Schedule I drugs. A major concern with these types
of drugs, since they are so often prescribed to children and teenagers,
is that the drugs will be sold and shared among peers.
High-strength painkillers such as OxyContin, Vicodin and even Tylenol
with Codeine fall under the Schedule II and III drug categories.
Although antidepressants have a lower potential for abuse, Schedule IV
drugs such as Xanax, Valium and even sleeping pills such as Ambien can
be dangerous if used improperly. These drugs are also illegal to possess
without a valid prescription from a primary caregiver.
Possessing a Drug Without a Prescription
It is illegal to use your prescription drug for any other purpose than
intended. Depending on how you react to a particular prescription drug
and the known side effects of the drug, it may be illegal to drive after
taking the drug. Even if a drug is prescribed to you, you cannot sell
or share them to others. According to the California Health and Safety
Code § 11350, it is illegal to possess a Schedule II drug without
a prescription. This could be charged as a felony or a misdemeanor.
Possession of a Schedule II prescription drug for the purpose of sale or
trafficking can warrant one year in county jail to 2-5 years in state
prison. The penalties will differ depending on the nature of the crime
and the exact type of Schedule II drug. Schedule III, IV and V drug crimes
may not be as serious, but they can still warrant a misdemeanor. Some
individuals convicted of prescription drug crimes may qualify for a California
drug diversion program or "deferred sentencing" program. To learn more about
prescription drug crimes and how an Anaheim drug attorney from the firm
may be able to assist you, call today and receive a free case evaluation.