The Controlled Substances Act has a long list of drugs and substances, including prescription drugs that the law regulates. You need a prescription to use, possess, distribute, or sell these drugs or substances. Otherwise, you can face grave drug charges and lengthy jail or prison sentences upon conviction. Benzodiazepines are among the highly regulated prescription drugs in California. These are a type of tranquilizer prescribed for anxiety, seizures, insomnia, muscle spasms, and alcohol withdrawal symptoms.
It is illegal to consume, possess, sell, or even be under the influence of these drugs without a legal prescription. If you are accused of any of these actions and have a valid prescription to purchase or distribute the drug, a skilled criminal attorney can help you fight the charges. This way, you can avoid the grave effects of a criminal conviction for a drug crime.
An Overview of Benzodiazepines as Regulated Drugs
Benzodiazepines are a class of drugs or tranquilizers used mainly for their medicinal value. They are prescribed for people experiencing alcohol or drug withdrawal symptoms, muscle spasms, anxiety, insomnia, seizures, and related medical issues. However, these drugs have a high potential for addiction and abuse. This makes them some of the most abused drugs in California. Therefore, their use, sale, purchase, and distribution are highly regulated. You need a valid permit to handle benzodiazepines in any way. If you are caught in possession or under the influence of these drugs, the police can arrest and charge you with a grave drug offense.
Drug crimes are highly punished in California because of the damaging effects regulated substances have on individuals and the public. The police must be stringent when investigating, arresting, and handling drug-related cases. Sometimes, they make mistakes by arresting the wrong perpetrator or not following proper procedures in investigating and arresting suspected offenders. Thus, you can fight for a favorable outcome for your case if you are wrongly charged, face false accusations, or your rights are violated. You can do so with the assistance of a skilled criminal defense attorney.
However, you must first understand the circumstances of your case and your options to develop a solid fighting strategy. Your attorney will help you understand your charges and possible consequences. If you are charged with the possession, use, or distribution of benzodiazepines, it could be because the police arrested you in possession of regulated drugs like Xanax, Valium, Ativan, or Klonopin. Although the FDA has approved the use and distribution of up to fifteen types of benzodiazepines, these four are the most common ones. They are preferred for their relaxing and calming effects when consumed. Since their rate of addiction is very high, it becomes easy for a person to develop an addiction or overreliance on the drug.
There are many ways in which you can violate benzodiazepine-related statutes in California. The different ways are prohibited under various laws, as explained below:
The Illegal Use of Benzodiazepines
Remember that benzos are common prescription drugs that are popular for their medicinal value. Thus, using these drugs is legal, provided you have a valid prescription. If you are experiencing anxiety attacks, insomnia, or seizures, and our doctor prescribes any of the drugs under this category, you cannot face charges for using benzos. However, using the drugs without a valid prescription can result in grave charges under HS 11550. This is a general statute that prohibits anyone from being under the influence of a controlled substance.
The prosecutor only needs to prove that you were obviously or detectably under the influence of a controlled substance to obtain a conviction. They do not have to demonstrate that the drug impaired you or caused you to commit a crime. If the police suspect that you are under the influence of a drug, they can arrest you and later test you for the exact drugs in your system. You can face charges if the drugs are controlled and you do not have a valid prescription to use them.
HS 11550 is a misdemeanor offense punishable by the following:
- A maximum jail sentence of one year
- Misdemeanor probation for five years
- A maximum of $1000 in court fines
If the judge sentences you to probation, they will set some probation conditions for you to abide by. Your probation conditions could include the following:
- Mandatory drug treatment or counseling
- Participation in community service
- Not to commit an offense during the probation time
You could be eligible for drug diversion, an excellent alternative to a jail sentence or probation. The court can suspend your trial so you can enter a drug diversion program for treatment and rehabilitation. You must participate fully in the program so the judge can dismiss your charges after the diversion. However, this could be an option if you are a first offender.
If you are convicted under HS 11550 for the third time within seven years, the judge will sentence you to a mandatory 180-day jail sentence on top of the penalty you deserve for the offense.
The Illegal Possession of Benzodiazepines
The illegal possession of a controlled substance occurs when you are found in possession of a substance without the authorization to do so. If you are using benzos for their medicinal value, you need a prescription to obtain the drugs. Healthcare professionals need a license to prescribe, issue, or sell the drugs to do so legally. If not, the prosecutor will file charges under HS 11375. This, too, is a general statute that applies to the possession of all controlled substances.
According to HS 11375, it is unlawful for anyone to do the following:
- Be in possession of benzodiazepines without a legal prescription.
- Be in possession of the drugs for distribution or sale without a permit to do so.
- To sell the substances without a valid license
Simple possession of benzos (for personal consumption) can be charged as an infraction or a misdemeanor, depending on the amount of drugs the police find in your possession. An infraction is punishable by a fine, while a misdemeanor is punishable by a one-year jail sentence and a fine of up to $1000.
The illegal possession of benzos for sale is a much more serious offense that the prosecutor can charge as a misdemeanor or felony. A misdemeanor is punishable by a year in jail and a fine of $1000. A felony can be punished by 16 months, two or three years in jail, and a fine of $10,000.
You could qualify for drug treatment and rehabilitation through a court-approved drug diversion program if you are a first offender facing charges under HS 11375.
How to Help Yourself if Facing Charges for Illegal Use or Possession of Benzodiazepine
Any drug-related charge, whether an infraction, misdemeanor, or felony, can result in life-changing consequences. On top of a jail or probation sentence and a hefty court fine, a conviction leaves you with a life-changing criminal record. This record is publicly available for anyone who runs a background check on you. If a potential employer finds out about the record, they could deny you a lucrative job regardless of your position. People with criminal backgrounds also have difficulties finding suitable places to rent. All that can change if you use the best fighting strategies to change your case’s outcome. Here are examples of the defenses your lawyer can use in your case:
You Did Not Use the Drug
A charge for being under the influence of benzos requires you to have illegally used the drugs. If this is not the case, then the prosecutor cannot prove your case beyond a reasonable doubt. Your lawyer can successfully fight your charge if you were not under the drug’s influence in the first place. A skilled attorney can conduct an independent drug test on you and table a negative result as evidence to support this defense. If they do not find any drugs in your system, the prosecutor cannot prove that you were under the drug’s influence in the first place, causing the court to dismiss the charges.
You Have a Legal Prescription
The illegal use or possession of benzodiazepine occurs if you do not have a valid prescription to use or possess those kinds of drugs. Your lawyer can fight your charge if you have a valid prescription. A valid prescription must come from a certified healthcare provider, like a physician or pharmacist. It must have a valid date and a brief description of how much of the drug you must consume or possess at a particular time. The court will drop your charges if the drugs in your system are just as prescribed by a licensed healthcare professional.
If you are accused of being in possession of the substances for sale, you can fight the charges if you are an authorized dealer. The court needs to see this authorization to dismiss your charge.
You Did Not Possess The Drugs
Drug possession is tricky to prove, especially if there is more than one person involved in the crime. If the police found some drugs in your person or property, the prosecutor must prove that you had actual, constructive, or joint possession of those drugs. Actual possession is when you knowingly have the drugs in your hands, car, or anything you wear or carry (like a jacket or bag). Joint possession is when you jointly control the drugs with another person or people. Constructive possession is when the drugs are in a different location from you but are in your control.
You can fight this charge if you do not know of the drug’s presence in your person or property. This can work if someone else puts the drugs in your bag, clothing, car, or house or tricks you into carrying the drugs to a different location.
You Are a Victim of Police Entrapment
People who knowingly commit drug crimes do so in hiding, making it difficult for the police to make arrests or find evidence. For this reason, the police use entrapment. Entrapment occurs when an officer causes a suspected offender to commit a crime so the officer can obtain credible evidence for the prosecutor. However, you can fight your charges if the police tricked you into committing a crime you would otherwise not commit.
For example, an officer could have caused you to obtain benzodiazepines illegally, an offense you would not have committed if the officer did not trick you. The judge will drop your charge if you can prove this in court.
Your Arrest Was Illegal
A police arrest can be legal or illegal. You must identify the differences between a legal and an unlawful arrest to fight for a favorable outcome for your case. An illegal arrest can occur if the police arrest you for a drug charge without a valid arrest warrant. It could also happen if the police arrest you for drugs they found in your possession through unlawful search and seizure. You need a competent criminal defense attorney to use this strategy in your favor.
An officer needs probable cause to stop, investigate, and arrest you for being under the influence of drugs. They should be able to demonstrate this cause in court. If an officer suspects that you have drugs in your house or vehicle, they must first obtain a warrant to search those places. You can also cite an illegal search if the officers exceed the limits of their search warrant.
The judge will drop your charge if you are illegally arrested. They will also ignore any evidence obtained illegally by the police.
Find Reputable Legal Defense Services Near Me
An arrest for unlawful use or possession of benzodiazepines can result in life-altering consequences. The grave penalties you could receive include a lengthy jail sentence and an expensive court fine. Your conviction can also result in a damaging criminal record that could affect your social and career lives. However, you can defend yourself for a fair outcome with the assistance of a competent criminal attorney.
Our attorneys at Foos Gavin Law Firm are experts in drug crimes. We know how grave drug charges are and can assist you in fighting for a reasonable outcome to avoid the severe consequences of a drug conviction. We will also defend your rights and offer the emotional support you need to overcome the most challenging time. Contact us at 916-779-3500 for more information about your charges and options.
