MEDICATION WITHOUT A PRESCRIPTION
In California, healthcare professionals can provide a prescription for medications containing federally controlled substances, including physicians, dentists, and even veterinarians. However, if you’re found in possession of a controlled substance without a prescription, you can be charged with a drug crime and subject to arrest, incarceration, and monetary fines. Not all medications require a prescription, though, and there are several defenses that can be offered to explain how the drug came into your possession. Can I be arrested for possessing medication without a prescription in California?
If you’ve been accused of possessing medication without a prescription in California, it is important to speak with an experienced criminal defense attorney from Dod Law, APC about your case. We can help you understand your legal options and may even be able to provide services aimed at helping you resolve your case while reducing or even eliminating the consequences you would face upon conviction.
THE TYPES OF PRESCRIPTION DRUGS THAT CAN LEAD TO A CRIMINAL DRUG CHARGE
Certain types of medications are only available through prescription, as they contain ingredients that are subject to the provisions of the federal Controlled Substances Act. These medications are intended to be used only by the individual named on the prescription and only for the treatment of a medical condition. Examples of these drugs include methamphetamine, fentanyl, morphine, or oxycodone.
There are several types of prescription drug possession charges that can be brought against individuals possessing controlled substances without a prescription, including:
- Possession for sale
- Sale or transportation
- Use of prescription drugs without a prescription
Another common prescription drug charge in California is prescription drug fraud, which involves the possession of a large quantity of controlled medication through deceit or misrepresentation. This crime can be charged as either a misdemeanor or a felony, depending on the circumstances of the case. It should be noted that healthcare providers can also be charged with prescription drug crimes if they’ve prescribed medication outside of their professional practice or for any reason other than a legitimate medical need.
Can You Be Arrested for Possessing Medication without a Prescription
WHAT HAS TO BE PROVEN TO BE CONVICTED OF A PRESCRIPTION DRUG CRIME?
There are several elements of a case that a prosecutor needs in order to obtain a conviction of a prescription drug crime in California. First, they must prove that you had actual possession of the drug, either on your person or your property.
The prosecutor also must prove that the accused knew the drug was in their possession and that they knew it was a controlled substance. This typically requires evidence that shows that the individual requested the drug from someone or took an intentional action to possess or sell it.
Finally, the prosecutor must prove that the amount of the prescription medication that was in the possession of the accused was enough to use. The usable amount is an amount that would intoxicate someone if taken. This means if someone is in possession of an empty pill bottle that had at one time held medications prescribed to someone else, they cannot be charged for the trace residue left in the container.
HAVE YOU BEEN ACCUSED OF POSSESSING MEDICATION WITHOUT A PRESCRIPTION? CONTACT DOD LAW, APC TODAY
There are many reasons why a person would possess medication without a prescription, and many of these reasons do not violate the law. If you’ve been accused of a prescription drug crime in California, the penalties that accompany a conviction can pose significant financial and psychological burdens on your life. The Dod Law, APC legal team understands that this is an overwhelming time, and we are devoted to providing answers to the questions you have about your case.
For more than 19 years, we have been helping those who have been accused of drug crimes in California to defend themselves against drug charges, including charges involving the possession of prescription medications. We understand the importance of having a solid defense strategy and are committed to devoting the time and attention to the case that our clients deserve. For your free case evaluation, contact us by calling our San Diego office (619) 814-5110 | Vista office 760-814-6025 or send us a message online.