Possession of a prescription drug without a prescription is usually treated as a misdemeanor in California. Not all prescription drugs will subject a person to criminal charges. Under California’s Health and Safety Code section 11350, possession of a prescription drug that is under one of California’s scheduled “controlled substances” will result in conviction.

Examples of prescription drugs that are considered controlled substances in California are Vicodin, Xanax, Oxycontin, Adderall, Norco, and Percoset.

Simple possession of a controlled substance without a prescription will usually be charged as a misdemeanor, and subject a person to a maximum of one year in jail. If, however, the prosecutor’s office feels that the defendant intends to distribute or sell the drugs, the punishment is much harsher. Possession with intent to distribute is a felony and can subject an individual to up to 8 years in prison.

Fortunately, California offers several programs for first time offenders to avoid a conviction on their record. Proposition 36 allows qualifying drug offenders to participate in a drug treatment program. Successful completion of the program will result in the case being dismissed. There are also diversionary programs available to qualifying offenders. Successful completion of the diversionary program will also result in a dismissal of the case. It is imperative to speak with an experienced criminal defense attorney to discuss the potential options.

If you’ve been charged with possession of a prescription drug without a prescription, call the Champion Law Firm today to speak to an experienced criminal defense attorney. Consultations are always free.

If you’re looking for a Los Angeles Illegal Use of Prescription Drugs Attorney, contact us today.