Possession of Adderall in California
If you or a loved one has been charged with the possession of Adderall in Los Angeles or elsewhere in the State of California, you should immediately contact an experienced Los Angeles possession of Adderall attorney at The H Law Group to defend you and keep you from going to jail for a long period of time. Possession of Adderall without a valid prescription is unlawful in the State of California.
You should not take Adderall possession charges lightly as a conviction of this offense carries a maximum jail sentence of up to twelve months in county jail. So, if you have been charged with misdemeanor possession of Adderall, you should immediately contact an experienced Adderall possession attorney at The H Law Group to defend you and keep you out of jail.
Our attorneys have the knowledge and experience to achieve the best possible results for you. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.
Is Possession of Adderall a Crime?
California Health and Safety Code Section 11350 HSC makes it a crime for any person to have possession of any controlled substance, including Adderall, without a valid prescription. Usually, the prosecution charges those caught with possession of Adderall with misdemeanor possession of a controlled substance in violation of HSC 11350. This is so because it is illegal for any person to have possession of Adderall without having a legal prescription for it. First offenders are almost always charged with misdemeanor drug possession.
Proving a Person Guilty of Adderall Possession
For the prosecution to prove a person guilty of Adderall possession in violation of HSC 11350, it must prove a number of elements beyond a reasonable doubt. If the prosecution fails to prove even one element, it will not be able to convict the defendant of the crime.
The prosecution must prove the following elements:
- The defendant had possession of a controlled substance (Adderall)
- The defendant knew of the Adderall’s presence
- The defendant knew that the Adderall he had was a controlled substance
- The defendant had a usable amount of Adderall
Detailed Elements of Adderall Possession
Here are the elements of Adderall possession in detail.
For the prosecution to convict a person, it must prove that the defendant had either actual or constructive possession of Adderall. Actual possession is established by showing that the defendant had the Adderall on his person, such as in his pocket or bag. Constructive possession can be established by showing that the defendant had access to a location where the Adderall was stashed or hidden, such as the glove compartment box of a vehicle.
Knowledge of the Adderall’s Presence
The second element the prosecution must establish is that the defendant knew that he was in possession of Adderall. For example, if you borrowed your friend’s vehicle and he had Adderall in his glovebox and you did not know about it, you cannot be convicted of possession of Adderall because you had no knowledge of its presence.
Knowledge that Adderall is a Controlled Substance
The prosecution must show that the defendant knew Adderall was a controlled substance. The fact that you need a prescription to get it could help the prosecution’s case in showing that it is a controlled substance requiring a prescription.
Usable Amount of Adderall
The fourth element the prosecution needs to prove to convict the defendant is that he had a usable amount of Adderall. That is, the prosecution cannot convict you of Adderall possession if the police officer only found traces of Adderall. The prosecution must prove that you had enough that you can consume.
The final element that the prosecution needs to prove to convict you of possession of Adderall charges, is that you did not have a valid prescription for Adderall.
Penalties for Possession of Adderall in Violation of Penal Code 11350
If the prosecution convicts a person of Adderall possession in violation of 11350 HSC, he or she faces the following potential consequences:
- Conviction of a misdemeanor offense for first time offenders
- Up to 12 months of imprisonment in county jail
- A fine of up to $1,000
- Placement on informal summary probation
Note: Almost all first-time offenders are charged with misdemeanor drug possession. Felony drug possession is an option, but this charge is reserved for those who have been convicted of serious crimes, such as murder, rape, or vehicular manslaughter.
Adderall Possession Defenses
If you have been charged with Adderall possession in violation of HSC 11350, there are a number of defenses that your attorney can make to defend you. Here are some of the defenses your attorney may be able to make to defend you:
- The defendant did not have possession of Adderall
- The defendant had a valid prescription for Adderall
- The defendant is a victim of an unlawful search or seizure
- The defendant did not know he was in possession of Adderall
Examples of Adderall Possession
John was heading home from a party and a police officer pulls him over. After searching his person, the police officer finds a bottle of Adderall in his pocket. John does not have a prescription for the Adderall. John can be charged with and convicted of Adderall possession. The situation would be different if John had a valid prescription for the Adderall.
Contact a Los Angeles Adderall Possession Defense Attorney
If you or a loved one has been charged with Adderall possession, you should immediately contact an experienced Los Angeles Adderall Possession Attorney at The H Law Group to defend you and keep you from going to jail. Our attorneys have the knowledge and experience to best defend you and mitigate the potential consequences that you face. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.