Xanax (alprazolam) enhances the effect of GABA, a neurotransmitter that calms the nervous system, helping to treat anxiety and panic disorders. It belongs to the benzodiazepines, which work by slowing down brain activity related to anxiety in the human brain. However, it is a Schedule IV drug, according to the Controlled Substances Act. Schedule IV drugs have accepted medical uses and a lower potential for abuse relative to Schedules I–III, but abuse and dependence are still possible. Thus, its sale, possession, and consumption are highly regulated. For example, you need a valid license or prescription to possess, sell, or purchase Xanax from a licensed dealer.
You could face severe criminal charges for the illegal possession, sale, distribution, or purchase of Xanax. Prosecutors file these charges according to the circumstances of your case. You could receive a misdemeanor or felony conviction, based on the details of your case and criminal history. You should speak to a competent criminal defense attorney to understand your charges and your legal rights and for defense during the trial.
The Regulation of Dangerous Substances
There are all kinds of drugs, substances, and chemicals in California today. Each serves a particular purpose. Some substances are more dangerous than others in terms of their side effects if taken as a single dose or for a prolonged period. While the manufacture of these substances continues according to demand, the law highly regulates the use, sale, purchase, distribution, and manufacture of substances that are considered dangerous. The Controlled Substances Act mainly regulates the consumption of drugs and substances that have a high potential for dependence and abuse. It is a federal law that regulates substances used for their medicinal value or recreation.
Regulated drugs and substances are classified under five categories. Schedule I drugs are the most dangerous in terms of abuse and dependence, while Schedule V drugs are the ones with a low potential for abuse and addiction. Various laws exist according to how people interact with regulated drugs. Some laws regulate simple possession, and others regulate the manufacture or distribution of regulated substances. The penalties for those convicted under these laws depend on the exact law for which you face charges, your criminal history, and the details of your case.
Xanax is one of the drugs whose consumption, possession, sale, distribution, and manufacture are regulated. It is classified under Schedule IV drugs, which puts it among the drugs that have a relatively low potential for abuse and dependence but are still dangerous if not regulated. You can use Xanax legally if you have a legal prescription from a licensed medical practitioner. You can also sell or distribute it legally if licensed to deal with it. Otherwise, you could face severe charges, punishable by a lengthy prison term and a high court fine.
A competent criminal attorney who has experience handling drug crimes is the right one to talk to if you face drug-related charges involving Xanax. They will review your case to advise on your legal options. They can also help you navigate the complex legal processes, understand your rights, and develop a solid defense that could cause the court to drop or reduce your charges.
Here are the different charges you can face in California involving Xanax:
Criminal Charges Involving Xanax
Although Xanax is used mainly to manage anxiety disorders and similar conditions, you must obtain it legally to avoid criminal charges. This is to ensure you take the proper dosage for the recommended period to avoid abusing it or becoming dependent on it.
An illegal possession of the substance can result in charges under § 11375 HS. This is the law that prohibits the illegal possession, illegal possession for sale, or sale of benzodiazepines like Xanax.
Simple possession of Xanax for personal consumption without a legal prescription can be an infraction or a misdemeanor, depending on the exact details of your case and criminal history. However, an infraction for a controlled substance is rare. Prosecutors typically charge most offenses under HS 11375 as misdemeanors, punishable by a jail sentence and a court fine.
However, illegal possession of Xanax for sale is a wobbler, meaning that the DA can file misdemeanor or felony charges, depending on the case’s details and criminal history.
The prosecutor files charges for this offense as follows:
- Charges under HS 11375(b)(2) for illegal simple possession of Xanax. This can be an infraction (punishable by only a court fine) or a misdemeanor (punishable by a jail sentence and a fine).
- Charges under HS 11375(b)(1) for illegal possession of Xanax for sale. This is a wobbler offense. A misdemeanor is punishable by one year in jail and a $1000 fine, while a felony is punishable by 16 months, two (2), or three (3) years and a $10,000 fine.
Other charges you could face involving Xanax include possession for sale or trafficking of Xanax, being under the influence, and driving while under the influence of Xanax.
The Legal Definition of Simple Possession of Xanax
The district attorney must demonstrate these elements for the judge to find you guilty of illegal possession of Xanax:
- You were in possession of Xanax when the police arrested you
- You knew about the substance’s presence and its nature as a regulated substance
- You did not have a valid prescription to possess or purchase the drug (for a simple possession charge) or a valid license for dealing with Xanax (for possession for sale)
Possession of a controlled substance can be actual, joint, or constructive. Actual possession means you had the substance on your person; either you held it in your hands or had it in something you wore (like pants or a jacket) or carried (like a bag). Constructive possession means that even though the drugs were not on your person, they were in a place from which you had total control over them. You could have them in your vehicle, house, or a storage locker. Joint possession means that you and someone else or people control or own the drugs.
The prosecutor must also show that you knew or should have reasonably known about the presence of the substance and its nature as a controlled drug. If someone put the drugs in your pocket, bag, home, or vehicle without your knowledge, you are not guilty under this statute. Knowing about the substance’s nature does not necessarily mean knowing its exact nature. The requirement is to understand that the substance is regulated under the law, but not that it is Xanax.
If the prosecutor files infraction charges against you, you must pay a fine of $250. An infraction charge does not carry a jail sentence. In addition to a jail sentence, a misdemeanor can result in a court fine of $1000 or less.
Legal Definition of Possession of Xanax For Sale
If you face charges for possession or sale of Xanax, the prosecutor must prove that you had the substance without legal authorization to do so and that you intended to sell, distribute, or give it away. Here are the elements of the crime that can lead to a guilty verdict according to HS 11375(b)(1):
- You had more Xanax than you needed for personal consumption (a supply of more than 30 days).
- You also had a large amount of money in cash, which the officers believed was proceeds from selling drugs, or
- You had a gun, just like other drug dealers, to protect yourself from unsafe drug deals, or
- You were arrested or are known to frequent areas popular for illegal drug dealings.
In most cases, prosecutors rely on circumstantial evidence to prove that you intended to sell, distribute, or give away the drugs in your possession. Also, the fact that you did not have a legal prescription to purchase a large amount of Xanax and did not have a license to sell or distribute the drug could result in a conviction. Remember that this is a wobbler, which can result in a misdemeanor or felony conviction.
Illegal Trafficking or Sale of Xanax
According to HS 11375(b)(1), it is a wobbler offense to sell or traffic a controlled substance without the legal authorization. The district attorney must demonstrate these elements for the judge to find you guilty:
- You sold, transferred, or gave away Xanax
- You did not have a valid license to do so
Since Xanax is a popular sedative, licensed healthcare professionals, including doctors and pharmacists, can legally prescribe or issue it. If you do not fall under this category of licensed healthcare professionals who can deal with it, you can face charges under this law.
Illegal trafficking or selling Xanax is a wobbler, meaning that the DA can file misdemeanor or felony charges against you, depending on your criminal history and case details. A misdemeanor is punishable by a one-year jail sentence and $1,000 in fines. A felony is punishable by a prison sentence of 16 months, or two or three years, and $10,000 in fines.
Being Under the Influence of Xanax
HS 11550 is the California law that prohibits anyone from being in a public space while under the influence of a controlled substance. Remember that you need a valid prescription to obtain Xanax. The prescription must also guide you on the correct dosages to take to avoid overdosing, abusing, or being dependent on it. If you are suspected of violating this statute, the DA must prove these elements to obtain a guilty verdict from the court:
- You were arrested because your mental or physical capacities were impaired in a way that the police and public could detect.
- Xanax caused the impairment.
A violation of this law is mainly a misdemeanor offense, punishable by a one-year jail sentence and $1000 in fines.
Driving Under The Influence of Xanax
Driving under the influence of alcohol or drugs is a severe crime in California. VC 23152(f) specifically prohibits driving while intoxicated by drugs. The DA must demonstrate these elements for the judge to issue a guilty verdict:
- That you were driving a vehicle under the influence of a controlled substance
- The substance had impaired your ability to drive safely, like a sober person would
- The substance that impaired your driving was Xanax
Like DUI, DUID is a priorable offense, meaning that the prosecutor will file charges according to the facts of your case and the number of prior DUI convictions on your record. A first, second, and third violation is mainly a misdemeanor, while a fourth and subsequent violation are felonies. You could also face felonies if there are aggravating factors in your case, including causing an accident, an injury, or death.
Fighting Xanax-Related Drug Charges
Although Xanax is not the most dangerous substance under the Controlled Substances Act, its possession, use, and sale are still highly regulated in California. The consequences of violating any Xanax-related drug law in California can result in a lengthy jail or prison term and a high court fine. It could also result in a damaging criminal record that can affect different aspects of your life for many years. However, you can influence the outcome of your case with a proper defense against your charges. A skilled criminal attorney can help you fight for the reduction or dismissal of your charges. Here are examples of strategies they can use:
They Can Advise You To Accept a Drug Diversion Program
You could be eligible for a drug diversion program for violating a Xanax-related drug offense if the violation is non-violence related and you do not have a prior criminal history. This program allows you to undergo training and rehabilitation for an underlying drug problem so you can live a crime-free life afterwards. You could qualify for drug diversion under Proposition 36, PC 100, or California drug courts. Your attorney will explain what to expect when you accept the prosecutor’s deal and its benefits.
Generally, a drug diversion means that the judge will put your case on hold before a trial to allow you to complete the program. If you abide by all the conditions of this diversion, the judge will dismiss all charges against you. However, if you fail to complete the program or violate any of the conditions set by the court or the program provider, the judge will cancel the diversion and continue your case from where they left it off.
Using Legal Defense Strategies During The Trial
Your case will likely go to trial if you do not qualify for a diversion program. Here are examples of strategies your defense attorney can use to influence the outcome:
-
You Had a Legal Prescription or License
This strategy can help if you face charges for illegal possession or sale of Xanax. Remember that you need a legal prescription to obtain a regulated drug. A legal prescription must contain a description of the drug you should get, a valid date, and be issued by a licensed healthcare provider. Your attorney can provide the prescription as evidence to counter your charges.
Alternatively, you can provide a valid license to issue various drugs, including Xanax, to show that you are authorized to sell, distribute, or give away the drug. This can work if you are a licensed healthcare professional, like a doctor or pharmacist.
If the court accepts your defense, the judge will dismiss all charges against you.
-
The Police Used Illegal Search and Seizure to Obtain Evidence
You can apply this defense strategy if the overwhelming evidence against you was obtained illegally through an illegal search and seizure. Law enforcement officers must adhere to strict regulations when investigating crimes and handling evidence. For example, they need a warrant to search your person or property for illegal substances. The warrant must guide them on the reasons they should search.
If they searched and seized evidence without a warrant or went beyond the provision of the warrant, this defense strategy can work in your favor. The judge will dismiss any proof the police obtain illegally, however crucial it is to the case. This can leave the district attorney with inadequate evidence to get a conviction.
-
Evidence Was Obtained Through Police Entrapment
Sometimes the police use tricks, coercion, or influence to catch criminals in the act. This works well in drug cases, where alleged perpetrators are usually too careful to face prosecution. However, these strategies do not always work, and the police can be accused of entrapment.
You can use this strategy to cause the court to dismiss evidence against you if the police forced, tricked, or coerced you to commit a crime you would otherwise not have committed. If you convince the court that you only obtained or sold Xanax because of the influence, the court will drop the case.
Find a Proficient Criminal Defense Attorney Near Me
Xanax is a Schedule IV drug that is sold and used for its medical benefits, but has a high potential for addiction and abuse. The drug is regulated, meaning that you can face charges for possessing, buying, or selling it without legal authority in Los Angeles. Drug laws in California are generally complex, but a skilled attorney can ensure you understand your charges and navigate the legal process after an arrest.
At the Los Angeles Criminal Defense Attorney, we understand how confusing it can be to be accused of a drug crime involving Xanax. We can ensure you understand your charges, defense options, and rights. We can also work together for a solid defense that could cause the judge to reduce your charges or drop your case. Call us at 310-564-2605 to discuss your situation further.
