California’s Prescription Drug Crimes: What to Know

When people think of “drugs” in a criminal context, they often think about “street” drugs like cocaine, heroin, and ecstasy. But increasingly, prescription drugs, the ones that we get from our doctors, are causing issues. Of course, it’s not illegal for the person named on the prescription bottle to take the drug. The issue arises when someone else gains access to the medication. 

This article discusses common California prescription drug offenses. It also answers questions like, “Can I be charged if the pills weren’t mine?” Finally, it explains how a Marin County drug attorney can help you or your loved one with a prescription drug charge in California.

The Dangers of Prescription Drugs

It makes sense that “street” drugs are illegal because they generally have no helpful features. But doctors write prescriptions for some drugs because they help people deal with pain, mental health diagnoses, and other issues. So, the problem is not that these drugs exist or that they are prescribed. The problem occurs when people who have not been prescribed these medications gain access to them. 

Every year, millions of Americans misuse prescription drugs. According to federal government data, the most commonly misused prescriptions include: 

• Hydrocodone (brand names such as Vicodin, Norco)
• Amphetamines (Adderall, Vyvanse)
• Oxycodone (Percocet)
• Alprazolam (Xanax)
• Codeine (Tylenol with codeine)
• Tramadol (Ultram)
• OxyContin extended release 
• Clonazepam (Klonopin)
• Zolpidem (Ambien)
• Buprenorphine (Suboxone)

Misusing these drugs can lead to serious consequences such as 

• Cardiac issues
• Cognitive and memory issues 
• Paranoia 
• Psychosis 
• Overdose
• Death

Because of the serious consequences, California’s Health and Safety Code punishes prescription drug misuse. 

Unlawful Possession – Section 11350 

Section 11350 makes it illegal for people to possess certain controlled substances without a prescription. To be convicted under this section, the prosecution must prove that the defendant: 

• Possessed a controlled substance, 
• Knew it was present,
• Knew it was a controlled substance, and 
• There was a usable amount of the drug. 

After Proposition 47 passed, most offenses under Section 11350 are misdemeanors. Misdemeanors can lead to up to one year in county jail and fines of up to $1000. 

Section 11350 has a prescription defense. You can avoid conviction if you have a valid, current prescription in your name for the drug issued by a licensed medical professional. 

Can I be charged if the pills weren’t mine? 

In short, yes. Section 11350 focuses on whether you had a usable amount of a controlled substance in your possession without a valid prescription. This means that you can still be prosecuted even though: 

• The pills belonged to a friend or family member
• The friend or family member had a valid prescription
• You intended to return the pills 
• You only took one 
• It was your first time using the pills 

There is a “temporary possession” exception, however. Section 11350 says that there is no crime where: 

• The defendant only possessed the drug to either: a) dispose of it; or b) give it to the prescription holder,  
• The possession was temporary, 
• They had the prescription holder’s permission, and 
• There was no intent to use, sell, or conceal the controlled substance. 

So, if you take your roommate’s Adderall without their knowledge because you’re having trouble focusing on your exams, you could be in trouble under Section 11350. But if you took your wife’s nearly empty bottle of Oxycodone to the pharmacy for proper disposal because she asked you to, prosecution will be more difficult. However, the facts will determine the success of the defense, so be sure to discuss the issue with your Marin County criminal defense attorney.  

Possession for Sale – Section 11351

Section 11351 makes it illegal for people to possess prescription drugs with the intent to sell them. The D.A. must prove that you: 

• Possessed a controlled substance, 
• Knew it was present, 
• Knew it was a controlled substance, and  
• Intended to sell it (or have someone else sell it) while they possessed it. 

Possession with intent to sell is punished by two, three, or four years in county jail and a maximum fine of $20,000. 

Offering to Sell, Transport for Sale, or Distribute – Section 11352

Section 11352 makes it illegal to sell, furnish, administer, give away, transport for sale, or import controlled substances. Significantly, the statute punishes not just “selling” but also “giving away” and “furnishing.” This means that a professional dealer who sells an Oxycodone pill and a friend who gives one away can both face punishment under the statute. 

Offering to sell, transport, or distribute is punishable by 3, 4, or 5 years’ incarceration and a maximum fine of $20,000.

Prescription Fraud and Doctor Shopping – Sections 11153 and 11173

Section 11153 says that all prescriptions must be “issued for a legitimate medical purpose” and in “the usual course of their professional practice.” A doctor who wrote a prescription for pain medication for a patient just after surgery likely did so for a legitimate medical purpose. The purpose is probably illegitimate when the patient’s medical records have no reports of pain or conditions that could cause pain. 

On the other hand, some patients visit multiple doctors until they find one who agrees to prescribe medication. This practice is known as “doctor shopping.” Visiting several doctors is not a crime. However, Section 11173 punishes people who get prescriptions by “fraud, deceit, misrepresentation” or by concealing material facts.

Consider this: On Monday, the patient tells the truth to Dr. A. Dr. A refuses to write the prescription. On Tuesday, the patient visits Dr. B. The patient lies about their condition, leading Dr. B to write the prescription. On Wednesday, the patient visits Dr. C. The patient lies about their pain and uses a false name to prevent the prescription from being flagged in the system. These are likely violations of the law. 

Both Section 11153 and Section 11173 are wobblers. This means that they can be charged as misdemeanors or felonies. Each carries a felony, with a sentence of anywhere from 16 months to three years’ imprisonment.  

Get Help with California Prescription Drug Charges 

Prescription drug charges carry serious consequences. Fortunately, there are defenses. In addition to the valid prescription and temporary possession defenses described above, you may be able to argue that: 

• You had no intent to use drugs 
• You didn’t know it was a controlled substance 
• The police obtained the drugs during an illegal search 

If you are facing prescription drug charges in California and need a strong defense, contact Brownstein Law Group. Our attorneys can handle drug cases under either California or federal law. To learn more about how we can fight for you, call 415-795-9059 or use our online contact form.