consequences of Adderall possession
There are serious legal consequences of Adderall possession.

Adderall is a prescription medication used to treat ADHD and narcolepsy. It is the brand name of a drug which 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)

possession of Adderall
You could be sentenced to jail time for possession of Adderall.

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 30 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.


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. ]

Author

Author: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

  • Sherrie Gibson

    My brother was picked up and with a illegal search to his vehicle they found 11 adderal that he forgot where in there due to a friend leaving them in his truck. Wondering what they can do or what can Happen. He doesn’t take pills and hes very adhd and doesn’t like the affect that any mediation gives me when he has been subscribed meds. Any advice would be greatly appreciation. Thank you

    • Paul J. Wallin

      Hi Sherrie,

      Did this take place in California? If so, your brother faces serious penalties. You should speak to a skilled criminal defense attorney who may be able to represent your brother. Contact our lawyers at (877) 466-5245 so we can discuss your brother’s case in detail.

      We look forward to your call.

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