Opioids are highly controlled painkillers because of their high potency for abuse and addiction. Sadly, even people who use them as recommended end up becoming hooked on the drugs, resulting in illegitimate means to feed their addiction. Opioid addiction can result in overdoses and accidental deaths. That is why California drug-related laws are strict on anyone found guilty of possessing, distributing, or trafficking opioids. The police are always quick to arrest and charge anyone violating drug laws to prevent the severe consequences of drug abuse and addiction.

However, the majority of people found violating these drug-related laws are not criminals. They can benefit greatly from help and support, not punishment. You need the assistance of an aggressive attorney to help you obtain a favorable outcome if you face charges related to the possession or distribution of opioids. A skilled attorney can fight for treatment and rehabilitation instead of imprisonment.

A Brief Look at California Drug Laws

Even with ongoing campaigns and stringent laws, drug use, addictions, and abuse are severe issues in California. Hundreds of people are arrested and prosecuted every year for drug-related crimes. Drug offenses vary in severity according to the circumstances of a case and the type of drug. These same factors determine the punishment you receive after a drug conviction. While some drug offenses are misdemeanors, most are prosecuted as felonies. Misdemeanors are punishable by several months in jail and a reasonable court fine, while felonies result in a longer prison sentence and hefty court fines. Other consequences follow a drug conviction, including a damaging criminal record that impacts your life for years.

Drug-related laws are stringent, partly because of the severe consequences of drug use and abuse. Drug addictions are life-altering. People who become addicted to a drug almost always resort to unscrupulous means to obtain more drugs to feed the addiction and avoid withdrawal symptoms. Overdoses are common, too, most of which are fatal. Hence, there is a need for stringent laws to minimize the importation of drugs, distribution, dependency, and other drug-related crimes. The most common drug crimes prohibit the following behaviors:

  • Possession of regulated drugs
  • Drug trafficking
  • The abuse of prescription drugs
  • Possession of illegal substances to sell or distribute
  • Cultivation, production, or manufacture of controlled substances

The possession of an illegal substance is the most lenient of all drug crimes. However, this does not mean that its punishment is less severe. You will likely be sentenced to several months in jail for the possession of an illicit substance for personal use. If you have more of the substance than you need for personal use, the prosecutor can file graver charges and use the large amount to prove your intent to sell or distribute the drugs.

While the stringent laws have been partly successful in reducing drug-related crimes, they still do not address the root cause of the issue. People who manufacture, cultivate, sell, or distribute drugs do so because of the increasing addictions and misuse of drugs. Many people struggle with drug addictions, and the law is helping them receive the support and treatment they deserve from rehabilitation facilities. For example, if you face non-violent drug charges, the judge can sentence you to a drug diversion program pending the determination of your case. The judge will dismiss your charges if you complete the treatment program with minimal issues. That gives you a fresh start in life.

However, you must engage a skilled attorney who understands these regulations so they can fight for a favorable outcome in your case. For example, under Proposition 47, simple possession of an illicit substance is no longer a felony but a misdemeanor.

Opioid Use, Abuse, and Addiction

Opioid is a general term for drugs derived from an opium poppy plant. The use and abuse of opioids is a grave matter in California. When you consume these drugs, they alter the functioning of your brain, resulting in a wide range of effects. For example, opioids can be used to alleviate pain. Since they are strong painkillers, doctors recommend them for pain relief. But, due to their high potency for abuse and addiction, they are controlled substances like cocaine and heroin.

When prescribed as pain medication, opioids block pain responses between your brain and body, resulting in relief from moderate to excruciating pain. They also cause patients to relax. However, users also experience some kind of euphoria, or high, that is very addictive. The latter is the leading cause of opioid addiction and abuse. Opioids also have adverse effects that affect some users. These side effects include diarrhea, lethargy, disorientation, nausea, and breathing difficulties.

Typically, opioids are narcotics, even if they have solid medicinal values. Even as they help manage the most excruciating pain, they do not work the same as over-the-counter pain relief drugs like ibuprofen or aspirin. That is why they must be used carefully and only when necessary. Though doctors are usually cautious when prescribing opioids as pain relievers, some people become addicted and start abusing the drugs for their relaxation and euphoric effects.

Remember that the use of controlled substances like opioids comes with significant risks. Many people who start using them as prescription medication eventually develop a reliance and tolerance for the drugs, creating a vital need in them for more regular and higher dosages. Eventually, you become hooked on or addicted to opioids. People who use opioids as pain medication for a long time are more affected by the addiction. You develop an opioid use disorder that results in a strong need for excessive dosages even after recovering from the pain-causing illness or condition.

Remember that opioids have adverse side effects, which intensify as your dosage increases. Thus, you could experience breathing difficulties, which can result in death when you overdose.

Even with stringent laws against the use and abuse of opioids in place, the drugs are still hazardous and addictive. Many people have been affected by opioid use and abuse, directly or indirectly. Some people have been affected directly by becoming addicted to pain medication, and others have family members and friends who have become entirely reliant on the drugs. Many people have lost friends and family members to opioid-related deaths and convictions.

Here are examples of opioids commonly abused in California:

  • Common prescription medications like OxyContin
  • Synthetic opioids like Fentanyl (which is 50 to 100 times more potent than morphine)
  • A controlled substance like heroin

Unlawful Possession of Prescription Medication

Prescription medication is not entirely unlawful in California. It only becomes illegal if you have a controlled prescription medication without a valid prescription. Remember that not all prescription drugs are controlled by the government. Those that are regulated have a high potential for abuse and addiction. You need a prescription from an authorized medical practitioner to obtain and use controlled medication. Obtaining it any other way can result in grave drug-related charges.

The laws on the possession, use, sale, and distribution of controlled prescription medication are apparent. However, people are still abusing and becoming addicted to these drugs every day. Some people think that drug regulations only apply to street drugs like ecstasy, cocaine, heroin, and meth. They fail to remember that some medications are equally dangerous, hence the need for regulation. If the police find you in possession of a controlled prescription medication, you can face charges for simple possession or possession for sale. The latter charge means that you only had a small amount of the drug for personal use, and the latter means you had more than you needed for personal use.

The prosecutor will first consider how you obtained the medication to determine your charges. If you had a drug prescription, you would not face charges. But if you used the prescription to get more of the drugs than you needed for personal use, you could face criminal charges. Additionally, you will face grave charges for forging a prescription to receive regulated prescription medication illegally.

All these are grave charges that can result in time behind bars and a hefty fine. For example, simple possession of illegally obtained prescription medication will result in a misdemeanor charge under HS 11350. A misdemeanor is punishable by time in jail and a court fine. You will also have a damaging criminal record that could affect your career and social life. But the judge can sentence you to a diversion program, whereby you will undergo rehabilitation and treatment. The judge will drop your charges once you complete the program and can start life afresh.

Note: Drug diversion is only available for first-offense non-violent drug offenders. You will serve time and pay a hefty court fine if you re-offend.

Possession of Prescription Drugs for Sale

Remember that illegal possession of prescription medication occurs when you use a forged prescription or a legitimate prescription to receive more medication than you need. The difference between simple possession and possession for sale is usually in the amount of drugs the police find on you. If you have more of the drugs than you need for personal use, the prosecutor can legally assume that you intended to sell or distribute the medications. This is a more severe crime than possession for personal use.

The illegal possession of prescription medication for sale is a felony offense under Health and Safety Code 11351. The emphasis here is usually on your intent to sell. Thus, the prosecutor does not need to prove that you already sold the drugs or that you had ready buyers for the medication. All they need is to prove that you intended to sell or distribute the medication. If they do, the judge will deliver a guilty verdict.

The illegal sale or distribution of prescription medication is a separate offense under HS 11352. Remember that pharmacists and healthcare workers with licenses to sell or distribute prescription medication do so legally. If you are not licensed, you can face felony charges under HS 11352 for illegally selling or distributing controlled substances.

Felony Possession of Prescription Medication

Remember that simple possession of an illegal substance is generally a misdemeanor offense. However, it can become a felony in specific circumstances under HS 11173. For example, using fraud, falsification, deception, concealment, or subterfuge to acquire prescription drugs illegally is a felony offense.

If you have been using a particular pain medication for pain alleviation, your doctor will not prescribe it anymore once they are convinced that you have fully recovered. However, it becomes difficult to live without the drug if you have already become addicted to it. This is what causes many people to resort to tricks, fraud, and other illegal methods to obtain their drug of choice. For example, you can lie to your doctor or another doctor that you are still in pain to feed your addiction. Some people falsify a prescription, while others forge one for the same purpose. Other people use one prescription to obtain drugs from different drug stores.

A violation of HS 11173 is a wobbler offense. A felony conviction can result in three years of prison time.

Prosecutors also charge a violation of HS 11368 as a wobbler offense. This violation happens when you fake or otherwise forge a medical prescription to obtain controlled prescription medication illegally. Faking or forging a prescription means changing the content of a legal prescription with fraudulent intent. A felony conviction under this statute is punishable by imprisonment for three years.

You can also face felony charges under HS 11162.5 for using a falsified prescription to obtain controlled prescription medication illegally. A medical practitioner can face charges under this law for illegally prescribing controlled medication to drug abusers and those fighting addictions. A conviction is punishable by imprisonment for three years.

The law prohibits physicians and other healthcare providers from prescribing medication to patients who are not under their care. According to HS 11154, this is a grave offense that can result in losing your practicing license. If a physician prescribes a controlled drug to a confirmed drug abuser, they will be charged with a felony.

Drug Offenses Related to the Possession and Use of Fentanyl

Fentanyl is an opiate or synthetic opioid under HS 11055. Remember that synthetic opioids are among the leading causes of drug fatalities in California. Fentanyl overdoses are very common among people who abuse or are addicted to the drug.

Fentanyl is a potent pain reliever. This means that some doctors prescribe it in specific and controlled conditions. For example, it is mainly prescribed to cancer patients experiencing breakthrough pain. It is a drug of choice by most doctors because of its high potency (higher than that of morphine). People who use fentanyl as a prescription medication take it through an injection, a lozenge, or a topical patch.

But fentanyl has severe side effects, which makes it prone to abuse and addiction. The user experience after using fentanyl is what keeps them looking for more, even after recovering from the illness or condition that caused their pain. The high demand for fentanyl in the black market is the leading cause of drug-related crimes like illegal possession for sale and unlawful distribution of fentanyl.

In the black market, you will find fentanyl in various forms, including sprays, powders, drops, and pills. The dosages are pretty similar to the prescription dosages. Some manufacturers and distributors mix illegal and other lethal narcotics like meth, heroin, cocaine, and molly with fentanyl. The results have grave consequences.

You will face charges under HS 11350 for being in illegal possession of fentanyl. Simple possession is a misdemeanor, but possession for sale or distribution can be charged as a felony or misdemeanor. The production, sale, and distribution of fentanyl result in graver felony charges. A sentencing enhancement law also applies to drug charges related to the sale and distribution of fentanyl. This means that the judge can increase your prison sentence after a conviction. For example, if you sell to a minor, involve a minor in the sale or distribution of fentanyl, or commit another felony while committing a drug crime, you are subject to sentencing enhancement.

How To Help Yourself If Charged With Opioid Addictions, Prescription Medication, or Fentanyl

If the police arrest you in connection to the possession, sale, or distribution of opioids, controlled prescription medication, or fentanyl, you can still obtain a favorable outcome for your case. Not all drug crimes result in a conviction and grave penalties. Working with an aggressive attorney can help you put up a solid fight against your charges for a fair outcome.

Thus, your first strategy would be to hire an experienced attorney for drug cases. Your attorney will explain your options, protect your rights, and fight alongside you for the best possible outcome.

Find a Competent Criminal Defense Attorney Near Me

Drug offenses are pretty grave, as they result in life-changing consequences. Even a conviction for possession or personal use of an opioid, fentanyl, or prescription medication can significantly alter various aspects of your life. It can result in jail time, a hefty court fine, and a damaging criminal record. But you can still enjoy a favorable outcome with the help of an experienced attorney.

We have extensive experience handling drug-related cases at California Criminal Lawyer Group. That is why we are highly recommended for anyone facing drug charges in San Jose. We understand how drug laws have changed in California and can use those changes in your favor. Contact us at 408-622-0204 to discuss your options in detail.