Health and Safety Code 11375 HS – Possession of Sedatives and Benzodiazepines Without a Prescription
California Health and Safety Code 11375 HS makes it a crime to have possession, possess with intent to sell, or sell some prescription sedatives and benzodiazepine drugs such as Valium, Xanax, and Klonopin.
Possession of these drugs without a prescription is a misdemeanor offense or an infraction, but selling or intending to sell them is a wobbler that can be filed as either a misdemeanor or felony.
Health and Safety Code 11375(b)(2) HS is the statute making it a crime to possess benzodiazepines (benzos) and prescription sedatives without a lawful prescription.
To convict, the district attorney must prove beyond a reasonable doubt that you had actual, constructive, or joint possession of the sedative drugs.
Actual possession means that you knowingly carried the sedatives on your person. Constructive possession means that you knowingly had control over the sedatives, such as by keeping them in your vehicle or home. Joint possession means that you and one or more people share control over the sedatives.
Health and Safety Code 11375(b)(1) HS makes it a felony crime to possess prescription sedatives or benzos with the intent to sell them. To convict, the district attorney will typically depend on circumstantial evidence.
For example, perhaps you had over a 90-day supply of prescription sedatives, or you were found in possession of a large amount of cash from suspected drug dealing. Maybe you were armed with a weapon or in a location known by police to be used for dealing drugs.
Health and Safety Code 11375(b)(1) HS makes it a wobbler crime to sell prescription sedatives, often called “drug trafficking.” Health and Safety Code 11550 HS makes it a misdemeanor crime to be under the influence of controlled substances without a valid prescription.
Vehicle Code 23152(f) VC makes it a crime to drive while under the influence of narcotics, including benzos and sedatives.
What are Benzodiazepines?
Benzodiazepines (benzos) are psychoactive drugs used to treat various health conditions, such as anxiety and insomnia. They include common medications such as Xanax, Valium, Librium, and Ativan, which are commonly known for misuse and dependency.
As noted, possession of benzodiazepines and other similar sedatives without a valid prescription violates Health and Safety Code 11375(b)(2) HS.
HS 11375 falls under the umbrella of California's Controlled Substances Act, which is designed to regulate the use, possession, and distribution of specific substances, including benzodiazepines and other sedatives.
What Does the Law Say?
Health and Safety Code 11375 HS says, “(a) As to the substances specified in subdivision (c), this section, and not Sections 11377, 11378, 11379, and 11380, shall apply.
(b)(1) Every person who possesses for sale, or who sells, any substance specified in subdivision (c) shall be punished by imprisonment in the county jail for not more than one year or state prison.
(2) Every person who possesses any controlled substance specified in subdivision (c), unless upon the prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be guilty of an infraction or a misdemeanor.
(c) This section shall apply to any material, compound, mixture, or preparation containing any of the following substances: chlordiazepoxide, Clonazepam, Clorazepate, Diazepam, Flurazepam, Lorazepam, Mebutamate, Oxyazepam, Prazepam, Temazepam, Halazepam, Alprazolam, Propoxyphene, Diethylpropion, Phentermine, Pemoline, Fenfluramine, Triazolam."
Simply put, it is unlawful for anyone to knowingly possess specified controlled substances, including benzodiazepines, unless by written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in the State of California.
Possession of these drugs without a prescription is an infraction or misdemeanor, but selling or intending to sell them could be filed as a felony. As noted, the various laws are listed below:
- Simple possession is defined under HS 11375(b)(2) and includes actual, constructive, or joint possession of benzos or other sedatives.
- Possession for sales is defined under HS 11375(b)(1) and includes being found with more than a 90-day supply of prescription sedatives.
- Selling or trafficking is defined under HS 11375(b)(1) and includes drug sales of prescription sedatives, known as “trafficking.”
- Being under the influence is defined under HS 11550 and includes proving that sedatives impair your physical or mental abilities.
- Driving under the influence is covered under VC 23152(f) and includes proving you were unable to operate a motor vehicle safely due to the prescription sedatives.
What Are the Penalties?
Suppose you are found guilty of illegal possession of any benzodiazepine or similar sedatives without a valid prescription. In that case, you could either be cited and fined for an infraction or face misdemeanor or felony charges.
Simple possession of benzodiazepines or sedatives is a "wobblette" in California, meaning it can be charged either as an infraction or a misdemeanor. Possession with intent to sell them is a wobbler that can be charged as a misdemeanor or felony.
The factors that determine how the case is filed include how much of the drug was present, prior offenses, etc. The penalties for a conviction include the following:
- Infractions include a fine of $250 with no jail time or criminal record.
- Misdemeanors can result in up to six months in jail and a fine of up to $1,000. Still, some defendants might qualify for a diversionary program that allows the charges to be dismissed after completion.
- Felonies carry a sentence of 16 months, two or three years in jail, and a fine of up to $10,000.
Possible drug diversion programs include Proposition 36, Penal Code 1000 PC, or California drug courts.
What Are the Best Defenses?
Our California criminal defense lawyers could use different strategies if you are accused of a crime involving prescription sedatives and benzodiazepines defined under Health and Safety Code 11375 HS, such as the following:
- Valid prescription.
- Lack of knowledge,
- Illegal search and seizure,
- Police entrapment,
- Impairment not related to drugs.
- Lack of possession
Perhaps we can show you had a valid prescription from a licensed doctor, which would result in the charges being dismissed. Maybe we can argue you were unaware of the drug's presence. To convict, the prosecutors must prove you willfully possessed a controlled substance.
Perhaps we can argue the drugs were discovered during an illegal search, such as without a warrant or probable cause. Maybe we can get the evidence suppressed, resulting in the dismissal of charges.
Perhaps we can argue police entrapment by undercover police, who coerced you into buying or selling drugs when you would not otherwise have done so.
Perhaps we can argue the drugs were not under your control or that the impairment was not due to the sedatives but other reasons, such as being diabetic. If you are accused of possession for sale, perhaps we can argue that the evidence is insufficient to prove your intent to sell.
Contact our law firm for a free case review and to discuss legal options. Cron, Israels & Stark has offices in Los Angeles, CA.
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