Drug crimes involving Vicodin or hydrocodone are severely punished in California. This is because Vicodin is a Schedule II drug under the Controlled Substances Act. This makes it a regulated drug with a high potential for addiction and abuse. Regulating its possession, sale, and distribution is the only way the government will ensure that people only use it when necessary.

However, not everyone follows the guidelines for using, distributing, and possessing Vicodin. Some people are in unlawful possession of the drug. Others are found selling or attempting to sell it illegally. These grave violations could result in a lengthy prison or jail sentence and a hefty court fine.

Understanding the laws and repercussions surrounding the use, possession, and distribution of Vicodin prepares you for what to expect if you are arrested for any of the Vicodin-related offenses. A skilled attorney can help you understand your legal citation, your options, and the best fighting strategies to avoid severe consequences for your actions. They will also fight for your rights and provide legal representation until you are happy with the outcome of your case.

Here are various Vicodin-related offenses you should be aware of:

Unlawful Possession of Vicodin

Vicodin's simple possession is prosecuted under HS 11350. This general law prohibits the simple possession of most regulated substances under the Controlled Substances Act. Simple possession means you only have enough of the drugs for your use. While simple possession of some controlled substances like marijuana is legal in California, it is still a major crime to illegally possess most controlled substances, even for personal consumption. Illegal possession means you obtained the drug illegally without a legal prescription or any other legalized authorization.

Vicodin is a prescription drug. This means that you need a legal prescription or a prescription from an authorized dealer to purchase or obtain it in any other way. You must also demonstrate a legal need that allows you to obtain a prescription for the drug. Without such evidence, the police can arrest you and charge you with possession of Vicodin under HS 11350.

However, the prosecutor must demonstrate the elements of this crime for the court to give a guilty verdict. These elements include the following:

  • You had actual possession of Vicodin, meaning that you knowingly carried the drug in your hands or anything you wore or carried, like a jacket or backpack, or
  • You were in constructive possession of the substance, meaning that although you did not have it in your person, it was in a place you had absolute control of, like a house, car, locker, or
  • You were in joint possession of the drug. This means you and another person or people had control over the drug in your possession or a different location.

Simple possession of Vicodin is mainly a misdemeanor offense, punishable by a year in jail or $1,000 in court fines.

The judge can suspend your sentencing to allow you to participate in a treatment or rehabilitation program or a drug diversion program. If you complete the program, the judge will dismiss your charges. However, they can proceed with sentencing if you fail to complete the program or adhere to its terms and conditions.

You could qualify for three diversion programs if facing charges under HS 11350 for possession of Vicodin. These programs are as follows:

  • Drug diversion under Prop 36
  • Drug diversion under PC 1000
  • Drug diversion under the state’s drug courts

In some cases, the prosecutor can file felony charges for possession of Vicodin. This will likely happen if you have a prior conviction in your record for a grave or violent felony like murder or a sex crime carrying a requirement to register in the sex offender registry. If the court finds you guilty of a felony under HS 11350, you will likely face the following penalties:

  • 16 months, two or three years in jail
  • A court fine of $10,000

You can fight your drug possession charges by demonstrating that you have a legal prescription for the drug in your possession. The prescription must be valid for Vicodin and issued by a healthcare professional licensed to deal in Vicodin. A skilled attorney can help you present your defense in a way that would be convincing to the court. The judge will dismiss your charges if you did not illegally possess Vicodin, as prohibited under this statute.

Possession for Sale of Vicodin

Possession for sale of most regulated substances, including Vicodin, is prosecuted under HS 11351. The charges require you to have more Vicodin than you need for personal consumption. However, the prosecutor must demonstrate your intent to distribute, give away, or sell the drug to obtain a guilty verdict. Although it is challenging for the prosecutor to know your intent, they can deduce it from the facts of your case. Here are some facts that could cause the prosecutor to file charges under this statute:

  • The drug in your possession is in large quantities or more than any medical practitioner can legally prescribe to a patient.
  • The police also found large sums of money in your possession during the arrest, which is presumed to have come from the sale of drugs.
  • The police also found a gun in your possession during the arrest and presumed that you needed a weapon for self-defense, which is necessary for drug deals.
  • The police have eyewitness or video evidence putting you in a location well known for drug-related transactions.

People who should have Vicodin for sale or distribution are those licensed to deal in the drug, including licensed pharmacists, medical doctors, veterinary doctors, and other healthcare professionals. Being in the unlawful possession for sale of the drug is a felony offense, punishable by the following:

  • Two (2), three (3), or four (4) years in prison
  • A court fine of $20,000

An aggressive attorney can fight this charge by demonstrating that the police misconducted themselves by conducting an illegal search and seizure. Remember that the police need a valid warrant to search your person or property for drugs. If officers searched your person, vehicle, or home without a warrant or exceeded the provision of their search warrant, you can use this defense. The judge will dismiss any evidence obtained through an illegal search and seizure. This will leave the prosecutor with little or no evidence to prove the case beyond a reasonable doubt.

Your attorney can also argue that you were unaware of the presence of the drugs in your possession. Remember that you are guilty of possession of a drug for sale if you knowingly possess more of the drug than you need for personal consumption. If someone put the drugs in your vehicle, home, or vehicle, or the drugs were in a house you share with other people, you can compel the judge to dismiss your charges by citing a lack of knowledge. This could create reasonable doubt in the prosecutor’s case, compelling the court to deliver a not-guilty verdict.

Selling or Transporting Vicodin

You can also face charges for selling, transporting, or distributing Vocidin under HS 11352. This is the statute that prohibits trafficking regulated substances, including Vicodin. Trafficking is a broad term referring to any activity that requires a transfer of the drug from one person to another or the movement of the drug from one location to another. The prosecutor must demonstrate the following for the court to find you guilty under this statute:

  • You knowingly transported, sold, gave away, imported, furnished, or administered Vicodin or
  • You attempted or offered to perform any of these activities.

Drug trafficking is a grave felony, punishable by a maximum of five years in prison. However, if you move the drug across two or more county lines and have an intent to distribute or sell it, the judge could sentence you to nine years in prison.

An attorney can help you fight this charge to obtain a favorable outcome. For example, they can cite your lack of knowledge about the drugs you were transporting. Remember that this offense requires you to have knowingly trafficked Vicodin. If someone tricked you into transporting the drugs, you can demonstrate that to compel the judge to dismiss your charges.

Your attorney can also argue that you face false charges. It could be that the police or the person who reported the crime misidentified you as the perpetrator. In this case, the burden of proof shifts to the prosecutor to demonstrate beyond a reasonable doubt that you were the one transporting or selling the drugs.

Operating Under Vicodin’s Influence

According to HS 11550, it is unlawful for anyone to be under the effects of a regulated drug, including Vicodin. Being under the influence means that the drug has affected your ability to operate or act like a sober person would. For these charges to stick, the prosecutor must demonstrate the following elements beyond a reasonable doubt:

  • Your mental and physical abilities were detectably impaired.
  • The impairment was due to Vicodin.
  • You consumed the drug against the law because you did not have a legal prescription for it, or you had consumed more of the drug than what was issued by a doctor through a legal prescription.

HS 11550 is a misdemeanor offense, punishable by a year in jail. You could avoid a harsh penalty by agreeing to undergo drug treatment or rehabilitation through drug diversion. If you complete the treatment, the judge will dismiss your case. However, they could continue your case from where you left off if you fail to abide by the conditions of the diversion program.

Driving While Under Vicodin’s Influence

VC 23152(f) prohibits driving a vehicle while under a regulated drug’s influence, including Vicodin. This grave offense could result in criminal penalties and the loss of your driving privileges. However, the prosecutor must demonstrate the following for the court to find you guilty under this statute:

  • That you had consumed Vicodin before operating a vehicle
  • The drug affects your brain, nervous system, or muscles, impairing your ability to drive a vehicle safely.
  • You could not operate a vehicle as safely as a sober person would due to that impairment.

This offense is usually treated like a DUI, with the first, second, and third offenses within ten years prosecuted as misdemeanors and subsequent offenses as felonies. A first conviction under VC 23152(f) is punishable by a six-month jail sentence and $1000 in court fines. A conviction could also result in mandatory enrolment in a DUI school and a driver's license suspension.

You can fight this charge by stating that the police did not have probable cause for your arrest. Police require probable cause for stopping to investigate a motorist for drunk or drugged driving. If you were randomly stopped without a particular reason, your attorney can argue that the stop and investigation were illegal. This compels the judge to dismiss any evidence the police have against you. The judge will dismiss your charges if the prosecutor cannot demonstrate your case beyond a reasonable doubt.

You can also demonstrate that Vicodin did not impair you but something else. It could be a case of drug interaction or an aftereffect of a drug, like an antihistamine. The judge will dismiss your charges.

Find a Competent Criminal Defense Attorney Near Me

Vicodin is a dangerous substance because of its high potential for abuse and addiction. This is why it is one of the highly regulated drugs under the Drugs and Substances Act. The illegal possession, purchase, sale, or distribution of the drug is a grave violation of various statutes under the Health and Safety Code. A conviction for any Vicodin-related statute can result in a lengthy prison or jail sentence, a hefty court fine, and other life-altering consequences.

We can help you fight your charges for a favorable outcome at Foos Gavin Law Firm. Our competent attorneys have the skills and experience to help you understand the legal meaning of your charges, options, and the best fighting strategies. They will also fight for your rights and offer emotional support until you are satisfied with your case’s outcome. Call us at 916-779-3500 for more information about your charges and our services in Sacramento.