In the context of California's Health and Safety Code 11350 HSC, unlawful possession of Adderall is typically identified as a misdemeanor, not a felony. Unlawful possession implies having Adderall, either on one's person or stored in a pocket, without a legitimate prescription.
California law generally treats the unauthorized possession of Adderall as a misdemeanor rather than a felony. Those found guilty of this misdemeanor may face:
- A jail term in the county jail of up to one year, and/or,
- A fine that can reach $1,000.
Adderall is a compound of two substances, amphetamine and dextroamphetamine. Both, including Adderall, stimulate the central nervous system. It is regularly prescribed for managing conditions like narcolepsy and attention deficit hyperactivity disorder (ADHD).
Deciphering California Health and Safety Code 11350
HSC 11350 is a statute in California that makes it illegal to possess certain controlled substances without a proper prescription. A "controlled substance" is a drug or chemical whose production, possession, and use are overseen by the government as per the United States "Controlled Substances Act (CSA)".
Adderall is classified as a "controlled substance" under Schedule II of the CSA. This implies that the possession of this compound is governed by Health and Safety Code 11350. Hence, to legally possess it, one must have a valid prescription.
Why Misdemeanor Over Felony?
Under HSC 11350, a person is accused of a crime if found in possession of Adderall without a prescription. This illegal possession of a controlled substance is generally identified as a misdemeanor.
There are limited circumstances where illegal possession might be prosecuted as a felony. These circumstances typically involve a defendant with a previous conviction for a serious felony or a sex crime, such as murder or gross vehicular manslaughter. If these conditions are met in a case involving unlawful possession of Adderall, a felony charge could be laid.
However, this offense is most commonly prosecuted as a misdemeanor in California, with potential penalties including:
- A county jail sentence of up to one year; and/or,
- A fine reaching $1,000.
Potential Legal Defenses Against Accusations of Illegal Substance Possession
Fortunately, there are legal defenses available to those charged under HSC 11350. A strong defense can often lead to a reduction or even a dismissal of the charge. However, it's crucial to remember that enlisting the services of an attorney is critical to build the most effective defense.
Three frequently used defenses against accusations under Health and Safety Code 11350 include:
- The accused had a valid prescription for the substance,
- The accused was unaware of the drugs in their possession, and/or,
- The substance was discovered during an unlawful search.
For more assistance with your case, contact our team at Law Office of Michael L. Fell on (949) 585-9055.