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Illegal Possession of Adderall - Health and Safety Code 11350 HS

California Health and Safety Code 11350 HS makes it illegal to possess Adderall without a prescription, a misdemeanor crime. 

Adderall is a mixture of amphetamine and dextroamphetamine, which stimulates the central nervous system and is typically prescribed to treat narcolepsy and attention deficit hyperactivity disorder (ADHD).

Possession of Adderall Without a Prescription
It's a misdemeanor crime to possess the controlled substance Adderall without a prescription.

Possession of Adderall is unlawful when you do not have a valid prescription. You do not have to be holding the Adderall to possess it. Possession is enough if you control it personally or through someone else. Agreeing to buy it does not by itself constitute control over the substance.

Under California law, there are different types of “possession,” including actual, constructive, and joint. It's illegal to possess Adderall in any of these ways.

Actual possession of Adderall means that you have direct physical control of the substance on your person, such as in your pocket. Constructive possession of Adderall means that it was not found in your person, but in an area, you have control over, directly or through another person. 

Joint possession of Adderall means that you and at least one other person share either actual or constructive possession. If you and a friend jointly have control over a stash of Adderall, you both could be considered to have joint possession.

To be convicted of possession, you must know the nature and presence of Adderall. You do not need to know its chemical makeup; you need to know that it is a controlled substance

A usable amount is an amount that is enough to be used by somebody as a controlled substance. Notably, the amount does not need to be enough to affect a user. Traces are not considered usable amounts. 

What is Adderall?

As noted, Adderall is a prescription medication frequently used to treat attention deficit hyperactivity disorder (ADHD). Still, it is also classified as a controlled substance with a high risk of dependency. 

The United States Drug Enforcement Administration (DEA) has classified Adderall as a Schedule II controlled substance. This means the drug has a recognized medical use and a high potential for abuse, such as severe physical and psychological dependence. 

Adderall is a potent stimulant composed of two key ingredients, including amphetamine and dextroamphetamine. It works by increasing the levels of certain chemicals in the brain that help with focus, attention, and impulse control. 

When appropriately prescribed, it can help people who suffer from attention deficit hyperactivity disorder by maintaining their focus. Adderall is also prescribed to treat narcolepsy.

Suppose someone does not have a valid medical reason to use Adderall. In that case, the abuse of it could create a boost of energy and a sense of euphoria from the release of dopamine. Students frequently use it to study for exams. However, the abuse of Adderall could result in the following side effects

  • Headaches,
  • Mood swings,
  • Difficulty sleeping,
  • Dry Mouth,
  • High blood pressure,
  • Loss of appetite,
  • Excessive weight loss.

Suppose someone misuses Adderall. In that case, it could lead to a chemical dependency as the brain develops a tolerance requiring larger doses for the same effect. There are also significant health risks, such as heart disease, elevated blood pressure, and mental health disorders. 

Health and Safety Code 11350 HS

Health and Safety Code 11350 HS is the statute for charging someone with illegally possessing Adderall. It is usually a misdemeanor that carries county jail time and a fine, but the judge often imposes probation. 

As noted, to “possess” means to have Adderall without a valid prescription. In some cases, illegal possession of a controlled substance could be prosecuted as a felony if you have certain prior convictions.

HS 11350 is the standard law prohibiting the possession of certain controlled substances without a valid prescription. A controlled substance is a drug or chemical whose manufacture, possession, and use are regulated by the United States Controlled Substances Act (CSA).

Under Schedule II of the CSA, Adderall is listed as a controlled substance. Possession of this chemical falls under Health and Safety Code 11350 HS, and you must have a prescription to possess it.

What are the Drug Crimes involved in Adderall?

As noted, HS 11350 Adderall without a prescription is a misdemeanor offense. This law prohibits the possession of Schedule II controlled substances without a valid prescription.

To convict you, the district attorney must prove all the elements of the crime beyond a reasonable doubt, including the following: 

  • You were in possession of a controlled substance,
  • You knew of the substance's presence,
  • You understood it was a controlled substance,
  • The quantity was in a usable amount and
  • You did not possess a valid prescription for the drug.

Sometimes, you could be charged with related drug crimes involving Adderall, including the following:

What Are Penalties?

Suppose you are convicted of possessing Adderall without a prescription; in that case, you could face the following punishments: 

  • Up to one year in county jail,
  • A fine of up to $1,000 or
  • A fine of up to $2,000 for second or subsequent offenses or
  • Probation, instead of jail time, includes mandatory community service hours. 

Drug Diversion

Depending on the case details, you might be eligible for a drug pretrial diversionary program, such as the following:

You would be required to undergo mandatory treatment and a drug education program rather than a conviction and jail time. Upon successful completion of the program, your criminal charges are dismissed. Notably, drug diversion programs are typically reserved for non-violent, first-time offenders.

What Are the Defenses?

Suppose you are accused of violating Health and Safety Code 11350 HS for illegal possession of Adderall. In that case, our California criminal defense attorneys can utilize different strategies, such as the following:

  • Lack of knowledge,
  • Valid prescription,
  • Unlawful search and seizure

Perhaps we can argue that you were not aware that you had Adderall, which would be a lack of knowledge defense. Recall the DA must prove beyond a reasonable doubt you had unlawful possession.

Perhaps we can argue that you only had Adderall temporarily and were attempting to dispose of it. Maybe we can say that you did not intend to use or control the substance.

Perhaps we can argue you had a valid prescription from a licensed medical professional by contacting your physician or pharmacy. Perhaps we can argue that Adderall was discovered during an illegal search by law enforcement.

Maybe we can say your Fourth Amendment rights were violated during the search, and the evidence should not be used against you. Contact our law firm for a free case review. Cron, Israels & Stark is based in Los Angeles, CA.

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