Drug possession laws are rigorously enforced in California
Drug possession laws are rigorously enforced in California despite a seemingly lax attitude conveyed by the many marijuana dispensaries seen throughout the state. California’s illegal drug possession law prohibits you from possessing certain prescribed drugs without a valid prescription. If you are caught in possession of a controlled substance within the state of California, you can expect thorough enforcement of the law.
Unlike other states, which typically prescribe a sentencing range for judges to choose your penalty from, California does not. Instead, if you are caught in possession of drugs you will face felony charges and a wide range of potential punishments. Everything from the quantity of drugs you were in possession of to your criminal record could be a factor in determining your ultimate sentence.
Because prescription drug use is widespread in our society they can be readily obtained by users through sometimes illegal means.
An English teacher at a California high school faces accusations that she obtained prescription drugs with the aid of a student.
Police arrested the 39-year-old teacher on suspicion of “possessing illegal narcotics, soliciting a minor to assist in getting drugs and contributing to the delinquency of a minor” after school officials learned she had allegedly bought the drugs from a student, according to local news sources.
In this instance, the teacher’s possession of the prescription drugs led to several more serious charges that carry substantial penalties.
How possession is determined or defined is often a key element in defending against a possession charge. Actual possession of a controlled substance means you have direct and immediate physical control over it. Drugs found in your clothing, purse, or backpack are deemed actual possession. Drugs not found on your person may prove more problematic for law enforcement to determine as actual possession.
Doctors sometimes find a lucrative business in prescribing drugs to people who may have no medical need for them. Falling under law enforcement scrutiny is always a possibility for this practice.
Vicodin, Norco, Adderall and Xanax
A Los Angeles area doctor was charged with prescribing Vicodin, Norco, Adderall and Xanax to undercover agents who pretended to be patients but had no legitimate need for the drugs.
He faces up to seven years in prison if convicted of the charges stemming from the agents’ visits to his office over a two month period.
Being charged with possession of a controlled substance carries considerable penalties. An established attorney who has experience with these cases may help in reducing these penalties or even negotiate alternative sentencing options.
Daniel R. Perlman
The Law Offices of Daniel R. Perlman