Homicide Investigation Services
Workplace Investigation Services

Navigating the Murky Waters of California’s Prescription Drug Laws

by | Aug 15, 2023

Navigating the Murky Waters of California’s Prescription Drug Laws

White pills with orange bottle. Pills spilling out of orange bottle. Blurry prescription tag is visible on the bottle. Foreground pills are in sharp focus, the rest of pills and bottle are blurry. Black natural background. Extremely sharp stock photo. Pill jar is open, cap is not visible on the image.

The opioid crisis has become a significant concern in the United States. Data from the National Institute on Drug Abuse suggests a grim picture, with nearly 100 lives lost daily due to opioid overdoses. This includes powerful drugs like fentanyl and heroin, as well as commonly prescribed painkillers like Vicodin and oxycodone. A considerable fraction of these tragic incidents stems from the illicit acquisition of prescription medications.

Recognizing the magnitude of the crisis, both federal and state governments are escalating their responses. Consequently, California has witnessed an uptick in prescription drug-related offenses. If you’re navigating this terrain, understanding the law is crucial. If in doubt, always consult with a skilled attorney like Simmons Wagner, LLP at (949) 439-5857 for a no-obligation consultation.

The Complex Landscape of Prescription Drug Laws

Prescription drugs fall under the “controlled substance” category. This label means their possession and use are governed by strict regulations. To legally possess these drugs, you need an up-to-date and legitimate prescription provided by a qualified medical professional like a dentist, veterinarian, physician, or podiatrist.

The law is unambiguous: one should only have the prescribed quantity of the drug, and only one prescription per drug is permitted at a given time. Using someone else’s prescription is a direct violation. Specific infringements highlighted under California’s Health and Safety Code Section 11350 include:

  • Holding prescription medication that doesn’t belong to you;
  • Possessing prescription drugs without a legitimate prescription;
  • Holding multiple prescriptions for the same drug;
  • Having a quantity exceeding the prescribed limit.

Breaching any of the aforementioned points could lead to charges related to controlled substance possession.

The Ramifications of a Conviction

Being convicted of a prescription drug offense is no light matter. Offenders might face up to 364 days in jail and may be slapped with fines reaching $1,000. However, all is not lost. There exist several legal avenues to address such charges. One potential solution could be securing a pre-trial diversion, which, if granted, could negate any jail time. Instead, the offender would undergo a rehabilitation program.

Another approach hinges on examining the legitimacy of the evidence presented. If the evidence against you was procured unlawfully or if there were any violations of your rights during the arrest or investigation, it could be dismissed. In some situations, the defense might center on the premise that you were unaware of the illicit prescription’s presence.

Crafting a Robust Defense Strategy

Facing charges related to prescription drugs can be daunting, but with the right legal strategy, the tide can turn in your favor. The best way to tackle your specific situation will depend on numerous factors, and having an expert attorney can make all the difference.

If you find yourself in such a predicament, reach out to Simmons Wagner, LLP at (949) 439-5857 promptly. Beginning with a complimentary consultation, we can delve into the intricacies of your case, ensuring you’re equipped with the insights needed to make informed decisions. Remember, knowledge is power, especially when navigating the legal landscape.