Legal Consequences of Possession of Adderall without a Prescription

Adderall is a prescription medication used to treat ADHD and narcolepsy. It is the brand name of a drug that contains amphetamine and dextroamphetamine, both of which are central nervous system stimulants.¹ Due to its potential for abuse and its addictive qualities, it is considered a Schedule II narcotic. Side effects of Adderall abuse include depression, sleeplessness and weight loss.

Many students use Adderall to improve concentration and stamina while studying for exams. It is relatively cheap and easy to obtain. What students don’t realize is that possession of Adderall without a prescription is a crime, and the consequences of a drug conviction can be devastating.

Consequences of Adderall Possession (HS 11350)

According to California Health and Safety Code Section 11350, possession of Adderall is a misdemeanor. If you are convicted of this crime, you could face up to one year in county jail. In order to convict you of possession of Adderall, the prosecution must prove that:

• You unlawfully possessed the controlled substance;
• You knew of its presence;
• You knew it was a controlled substance; and
• You had a usable amount.²

Defenses to Possession of a Controlled Substance

Our skilled criminal defense attorneys at Wallin & Klarich know the legal defenses to this crime. Some legal defenses our skilled lawyers have used to fight possession of Adderall charges for our clients include:

• You had a valid prescription
• You lacked control or possession of the drug
• You did not know you had the drug or of its status as a controlled substance
• You only momentarily possessed Adderall
• Law enforcement failed to follow proper procedures during your initial detention or arrest

A Drug Diversion Program Could Clear Your Record (PC 1000 & Prop 36)

If you are a first time offender, you could be eligible for a drug diversion program. Your eligibility will depend on the facts of your case. If you complete the drug diversion program and stay out of trouble with the law your charges could be dismissed. A skilled Wallin & Klarich attorney will evaluate the facts of your case and plan a strategy that can help you get the best possible outcome in your case.

Punishment for Possession with Intent to Sell Adderall (HS 11351)

According to California Health and Safety Code Section 11351, possession of Adderall with intent to sell is punishable by 2, 3, or 4 years in county jail. Your sentence will depend on the facts of your case, the amount you had, and whether you have any prior convictions. It is a lot more serious than simple possession, and you will not be eligible for a drug diversion program. In order to convict you of possession with intent to sell of a controlled substance, the prosecution must prove that:

• You unlawfully possessed the controlled substance;
• You knew you possessed the controlled substance;
• You knew it was a controlled substance;
• You possessed enough of the controlled substance to sell; and
• You intended to sell it.

Call Wallin & Klarich Today

If you or a loved one has been charged with possession of Adderall or with possession with intent to sell of any controlled substance, you need to contact an experienced Wallin & Klarich criminal defense attorney immediately. Our skilled attorneys have over 40 years of experience successfully defending clients charged with drug crimes. We will analyze the facts of your case and plan a defense strategy that will help you obtain the best possible outcome in your case. You don’t have to let one possible lapse in judgment destroy your future.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.

<sup>1. [http://www.livescience.com/41013-adderall.html ]↩
2. [http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=10.&title=&part=&chapter=6.&article=1. ]↩</sup>