The opioid crisis has dramatically escalated in recent years, leading to a significant increase in deaths nationwide. While opioids can be beneficial when used as required, they also pose serious dangers, including accidental overdose and death. Unfortunately, their side effects make them attractive for misuse and recreational use. It is concerning to see that many individuals who initially become addicted to legally prescribed opioids resort to illegal means to obtain more of these drugs to sustain their addiction and avoid withdrawal symptoms.
Law enforcement agencies should crack down on the illegal distribution and trafficking of opioids. However, we can't ignore the fact that the majority of individuals charged with non-violent drug crimes are often victims of addiction and desperation. They require professional help and counseling more than they need to be behind bars. This article delves into issues surrounding prescription drug abuse, fentanyl, opioid addiction, and drug crimes.
Understanding the California Drug Crime Laws
California is one of the most populous and largest states in the United States. Due to its numerous transportation hubs and shared border with Mexico, narcotics are frequently brought into and taken out of the state.
Over the years, many laws have been enforced to reduce the importation of drugs, prevent drug distribution and diversion within the jurisdiction, and reduce drug-related crimes and dependency.
California has several types of drug laws, some of which include the following:
- Possession of controlled substances.
- Drug trafficking.
- Prescription drug diversion.
- Drug cultivation, production, and manufacture.
- Possessing drugs with the intention of selling.
Drug-related crimes carry a range of consequences, including heavy fines and lengthy jail terms. However, it is important to handle the root causes of drug possession, which are often drug abuse and addiction. Unfortunately, these underlying issues are frequently overlooked by legislation.
As per the data from the California Health Care Foundation, about eight percent of individuals grapple with addiction issues. In response, California has implemented several laws aimed at treating these individuals and directing them toward recovery centers instead of simply penalizing them for their conditions.
The landscape of addiction, drug use, and resulting criminality is constantly evolving. It can be helpful to understand how to navigate the current restrictions. In 2014, Prop 47 updated the Uniform Controlled Substances Act, leading to the decriminalization of "simple possession" of most illicit drugs. This change transformed the crimes associated with drug possession laws into misdemeanors.
Drug charges can be classified into three main categories:
- Infractions.
- Misdemeanors.
- Felonies.
Infractions don't land you in jail, but they can hit your wallet hard with hefty fines. Misdemeanors carry lighter penalties. Felonies are the big ones that can result in long prison sentences and harsh punishments. Prop 47 categorizes having illegal substances on you as "simple possession." This is called "simple possession." It is categorized as a misdemeanor. If found guilty of this offense, you could face up to one year in jail. You might also have to do community service or pay a fine of at least $1,000.
The possession of certain goods for personal use is governed by the restricted substances code, California HSC 11350. California law makes it illegal to possess any of the following goods, and doing so is punishable by a misdemeanor:
- Heroin, opium derivatives, as well as other Schedule I opioid drugs.
- Mescaline, synthetic cannabis, and peyote.
- Cocaine base.
- Hallucinogens included in Schedule III.
- Schedule II drugs, including opiates.
- Controlled substances classified as Schedule III, Schedule IV, or Schedule V without valid prescriptions.
Opioid Addiction
Opium poppy plants naturally produce a family of medications known as opioids. These medications have various effects on the brain, often including pain reduction. Opioids can be illicit drugs, such as heroin, or they can be prescription drugs, like painkillers.
Prescription opioids function by stopping pain signals from reaching the brain, thus alleviating moderate to intense pain. However, they come with a risk of addiction as they can induce relaxation, euphoria, or a "high" in some individuals. They could also lead to undesirable side effects such as slowed breathing, nausea, diarrhea, dizziness, and fatigue.
Opioids are also referred to as narcotics. While they can help to alleviate pain, they do not function in the same way as over-the-counter medicines such as ibuprofen or aspirin.
There are risks associated with using opioids. Regular use of opioid prescription medications can lead to tolerance and dependence, which may require higher and more frequent dosages. Extended usage can also result in addiction, medically called opioid use disorder.
Furthermore, high amounts of opioids, when misused, can lead to a fatal overdose and bring on breathing difficulties. Opioids remain highly addictive and dangerous, despite the numerous efforts made by the Centers for Disease Control and Prevention to battle this alarming trend.
The opioid crisis has unfortunately had a negative impact on many individuals, with experiences ranging from legal issues like drug possession and trafficking charges to the tragic loss of loved ones due to overdoses.
Types of Opioids
The following opioids are commonly used:
- Heroin.
- Fentanyl, a type of synthetic opioid that's fifty to one hundred times more powerful than morphine.
- Prescription drugs such as OxyContin.
Possession of Prescription Medication
Over the past decade, there's been a significant increase in the misuse and dependence of prescription medications. There is a common misconception that drug laws only apply to illicit street drugs like heroin, methamphetamine, ecstasy, and cocaine. However, this belief is far from the truth.
Individuals may face charges for intent to sell or possession if they have unlawfully obtained a drug that was not prescribed to them. Furthermore, charges such as doctor shopping or prescription fraud could be brought against those who seek illicit opioid prescriptions.
According to California HSC 11350, it's against the law to be in possession of controlled substances. These include opioids like Vicodin and anti-anxiety medications like Xanax, not to mention illegal drugs such as heroin, LSD, and cocaine.
Illegal Prescription Drug Possession
The Controlled Substances Act in the US categorizes a controlled substance as any unlawful drug available on the streets, along with certain over-the-counter prescription medications. A person can only be legally charged if they are caught holding these medications without a valid prescription.
California voters have recently approved Prop 47, which generally downgrades the maximum penalty for certain offenses to a misdemeanor. The most severe consequences could involve hefty fines and a jail term of up to one year. However, if the defendant consents to join an authorized drug diversion program under California PC 1000 or Prop 36, the court might permit it. This is contingent on the defendant successfully finishing a drug treatment program.
Having Prescription Medicine With the Intention To Sell
California HSC 11351 penalizes individuals caught with illegal substances, including prescription drugs, intending to distribute them. On the other hand, California HSC 11352 targets those who transport these controlled substances. However, this law doesn't affect those legally permitted to handle prescription medications, such as pharmacists doing their job.
Unauthorized Prescription Forgery
Using fake prescriptions that appear real or engaging in illegal drug production can land you in serious legal trouble. According to California HSC 11368, falsifying prescriptions to obtain medications is considered a wobbler offense. If convicted, you could potentially face up to 3 years in prison.
According to California HSC 11162. 5, possessing a forged prescription is an offense that can result in a potential three-year jail sentence. Physicians who unlawfully administer prohibited substances to drug addicts or patients who refuse treatment may face penalties as well. According to HSC 11154, any doctor who provides an illegal substance to a person not under their medical supervision could be criminally prosecuted.
Furthermore, they risk losing their medical license and the ability to administer medications. They could also face disciplinary measures from the state’s Medical Board. According to HSC 11156, it is clear-cut that individuals confirmed to be drug addicts could potentially face felony charges as a consequence.
Felony Possession Of Unlawful Prescription Drugs
It's unfortunate but true that many individuals start using prescription drugs for legitimate medical reasons. However, they end up developing a dependency on them. When doctors stop prescribing these medications, some individuals may resort to illegal activities. For example, they might forge prescriptions. They might also see many doctors to keep getting the drugs.
Under California HSC 11173, it's illegal to possess controlled substances through lying, cheating, or withholding information. This might include doctor shopping for extra prescriptions. This crime can be treated as a serious felony or a less severe misdemeanor. It's classified as a "wobbler" offense. If you're found guilty of a felony under this law, you could end up behind bars for up to 3 years.
Fentanyl Possession
Fentanyl is classified as a type of opiate under California HSC 11055. It is a synthetic opiate, which falls under the category of medications that, according to the CDC, are responsible for the majority of drug-related deaths. Starting in 1999, the number of overdose fatalities in the US increased by over 600% in 20 years.
Doctors may prescribe fentanyl for patients, particularly those with cancer, who experience "breakthrough pain." Fentanyl is similar in potency to morphine but is 100 times more potent. It could be administered through a topical patch, injection, or a lozenge as directed by a doctor.
Fentanyl could be illegally sold in various forms, like pills that closely resemble prescription versions, sprays, drops, and powders. Illicit fentanyl is normally mixed with other drugs like meth, ecstasy, heroin, cocaine, and molly to enhance their effects. It's important to note that possessing fentanyl is prohibited under HSC 11350.
In the past, fentanyl possession charges could swing either way. It could lead to a misdemeanor or felony charge, known as a wobbler. However, since the passing of Prop. 47, simple possession is generally treated as a misdemeanor with only a few exceptions. These exceptions apply to individuals who have prior convictions for serious or violent offenses.
These crimes include sexual violence, engaging in lewd behavior with minors, homicide charges, inciting murder, specific violent acts such as shooting law enforcement or emergency personnel with a machine gun, possession of weapons of mass destruction, and any felonies punishable by life imprisonment or death.
The penalties under Proposition 47 are applied retroactively, allowing individuals who have been accused of drug possession, including possession of fentanyl, to request a reduction of their charges to misdemeanor crimes. However, it's important to note that the benefits of Prop. 47 don’t extend to activities beyond simple possession. This includes purchasing or possessing drugs for sale, distributing them illegally, providing them to others, using them, or giving them away.
How to Protect Yourself Against Charges of Opioid Possession and Drug Trafficking
The options available for defending against accusations of opioid trafficking or drug possession usually vary based on the specific substance involved and the circumstances surrounding your arrest. To assess whether the police had reasonable suspicion to apprehend you for an offense and identify any potential errors, your criminal defense attorney should evaluate the prosecutor's case.
The investigations and mistakes made by the narcotics cops in these arrests could be used against you in court. To strengthen your defense in the case, you can employ the following tactics:
Disregard of California's Search and Seizure Laws
According to the 4th Amendment of the US Constitution, police and drug officers are prohibited from searching your property or belongings unless they’ve obtained a search warrant from a court or if the search is exempt from law by either state or federal courts.
A search and seizure without a warrant is acceptable when:
- It relates to a legal arrest by the police made while searching for any weapon or potentially damaged evidence.
- You have permitted the search and seizure.
- Automobile exception.
- During inspection searches.
- Preventing bodily or property damage is vital, seizures or searches are carried out.
- Someone is being held temporarily, law enforcement stops them and frisks them to search for any deadly weapon that would endanger their safety.
Under California PC 1538. 5, if you were taken into custody for a drug crime as a result of an unauthorized search or seizure, your lawyer may be able to help you in getting the discovery removed from the case. Your lawyer will present an evidence suppression motion.
Your defense lawyer can submit an evidence suppression motion if:
- The warrant, on its face, appeared to be insufficient.
- There was insufficient probable cause to support the warrant's issuance.
- The search warrant's execution was unlawful.
- The warrant made no mention of the evidence that was taken.
If Law Enforcement Relied on Untrustworthy Confidential Sources
Confidential informers are often viewed with skepticism, particularly when they're compensated for their intelligence. They have the green light to share any information with the prosecution in exchange for their payment. It's generally seen as unethical for law enforcement officials to form personal bonds with these informants, make unkept promises, or financially support informants who are users and likely to funnel this money into their addiction.
Your defense lawyer could potentially have the charges against you dismissed by arguing that the informer who instigated your detention was unreliable. Furthermore, if it hasn't been done yet, you can demand to know the informant’s identity. This will give you insight into several ethical issues and highlight any mistakes made by law enforcement during your arrest.
Breaking the Entrapment Laws
Entrapment refers to a scenario where an otherwise law-abiding individual is manipulated into committing a crime they wouldn't have ordinarily committed. If you're someone who generally follows the law, the entrapment legislation focuses solely on the conduct and action of the law enforcer involved, disregarding your previous behavior.
It is your responsibility to demonstrate that the law enforcer who initiated the arrest or presented the evidence is liable for entrapment. If the prosecution team does not have enough evidence to prove beyond any doubt that you perpetrated the offense, they will drop the case.
Remember, only an official law enforcement representative can ensnare you. If you can prove that you were entrapped, the person posing as a police agent and trapping you will help you beat the charges. If you were promised rewards, assured that the crime would not be discovered, told that the behavior is not illegal, or led to believe that the officer would show sympathy to convince you to perpetrate the offense, then you were likely tricked into becoming a victim of entrapment.
Find an LA Criminal Defense Law Firm Near Me
If you're facing charges related to opioid drug possession or trafficking, we at The Los Angeles Criminal Defense Attorney are here to help. Our dedicated legal team will utilize all available resources to develop a strong defense and build a solid case on your behalf.
Regardless of your circumstances, whether you were pushed into drug dealing out of desperation or made a poor decision in the pursuit of quick money, we're here to assist you. In certain cases, we can help negotiate a plea for lesser charges in return for your commitment to medical treatment and rehabilitation. This could potentially save you from serving time in prison. Call us at 310-564-2605.
