The rising "opioid crisis" in the country has been the subject of much discussion in recent years. This epidemic is caused by widespread prescribing practices and the highly addictive nature of opioids. Opioids are classified as controlled substances under Schedule II in the country. Possessing common opioid medication such as Oxycontin without a prescription from a licensed doctor can be charged as a misdemeanor under California Health and Safety Code (HSC) Section 11350. Read on to learn more about oxycontin as a controlled substance in California.

A Brief Overview of Oxycontin

Oxycontin serves as the brand name for the highly potent opioid oxycodone. Oxycodone, primarily recommended as a pain reliever, was initially developed in 1916 by German researchers. It was first launched on the US market in 1996. The substance remained largely uncontrolled in the country until the early 1970s. It became listed as a drug under the Schedule II classification.

Purdue Pharma released a version of oxycodone known as Oxycontin in 1995. Oxycontin swiftly became one of the most commonly prescribed medications in the US. The abuse of Oxycontin became widespread in the early 2000s.

According to the 2003 Drug Enforcement Administration investigation, Purdue's aggressive advertising of the drugs, despite knowing their risk for abuse, "significantly worsened Oxycontin's widespread misuse." According to 2012 research, almost three out of every four heroin addicts started taking opioids, such as Oxycontin.

The Side Effects of Using Oxycontin

Many people report only mild to moderate pain relief when using Oxycontin as prescribed. Although long-term usage could lead to dependency, it is usually essential to take the drug in methods different than those outlined to achieve a euphoric high comparable to that felt through heroin use.

Oxycontin usage can result in a variety of adverse effects, the most severe being death from an overdose. These effects include the following:

  • Drowsiness

  • Constipation

  • Dizzy spells

  • Nausea

  • Feeling faint

  • Loss of appetite

  • Lack of sleep

  • Vomiting

  • Physical weakness

  • Respiratory arrest

  • Apnea

  • Headaches and migraines

  • Coma

  • Shock

  • Hypotension

  • Death

How Oxycontin is Used

Oxycontin is made as a pill. The medication has a controlled-release composition that gradually releases the pain reliever into the patient's bloodstream. Once a patient becomes addicted to the drug, the delayed release fails to meet their needs. Oxycontin addicts discovered ways to bypass the controlled-release system, receiving the entire dose instantly upon intake.

Here are some common ways of misusing Oxycontin.

Oral Means

Oral intake is the intended purpose. However, it is also a means of drug misuse. Most serious addicts choose to take oxycontin in other forms due to its controlled-release form.

Intranasally

Another common way of abusing oxycontin is to smash the tablets into powder and snort them. Snorting the substance in powdered form allows the drug to flow into the user's bloodstream more quickly.

Intravenously

Some drug users smash the drugs into powder form, mix them with water, and inject themselves. This approach is the most effective but has significant health risks. Injecting oxycontin raises the risk of a drug overdose. Needles pose additional health hazards, such as the transmission of blood-borne infections, particularly if the syringes are shared.

Injecting oxycontin is extremely risky since even finely crushed pills could contain tiny pieces that could cause obstructions in blood vessels.

Inhaled

Some oxycontin addicts prefer to smoke it. Smoking is the quickest way for oxycontin to enter your bloodstream. Rapid absorption could result in overdosing. Furthermore, smoking ground-up tablets leads to inhaling more than simply the medication. Pills include fillers and binders, and the smoke from such substances could be harmful.

Oxycontin as a California Controlled Substance

Although possessing Oxycontin with a legitimate prescription is allowed in California, attempting to sell or retain the substance without an approved prescription remains illegal. California HSC 11350 makes it unlawful to have any controlled substance under federal law. Oxycontin is classified as a Schedule II drug under state and federal law.

Illegal Possession of Oxycontin

Possessing any restricted substance specified in the law is a misdemeanor under California HSC 11350. You can face a year in jail and a hefty fine of $1,000 if found guilty.

Fortunately, most first-time perpetrators avoid time behind bars thanks to California's deferred judgment policy. If you meet all the conditions, you could avoid a criminal record on your file by entering into a delayed plea deal. Deferred judgment allows you to complete community service rather than serving jail time. The charges will be dropped at the end of the case, and you will not have a conviction on your file.

You are not guaranteed acceptance into the diversionary program. This process could be lengthy and complex. With so much on the line, you should seek the assistance of an attorney with expertise in defending oxycontin possession cases.

California Felony Charges for Oxycontin Possession

If you are detained for illegally carrying oxycontin, you are not guaranteed to face misdemeanor charges. There are two scenarios in which you might be charged with a felony:

  • Having past convictions

  • Possessing Oxycontin to sell it

A felony conviction can result in prison sentences ranging from sixteen months to three years.

Past Criminal Records

If you have any past conviction, a misdemeanor against you could be elevated to a felony level. A seasoned criminal defense lawyer can help you understand the allegations made against you and resolve any concerns you could have concerning your case.

Serious Felonies

Possession of Oxycontin will be considered a felony offense if you've been charged with any serious felony in the past. There is no doubt about what constitutes a major felony; California HSC 1192.7 lays out a lengthy list of felonies that fall into this category. Serious felonies can include the following acts:

  • Murder

  • First-degree burglary

  • Kidnapping

  • Arson

  • Bank robbery

  • Assault using a lethal weapon

  • Voluntary manslaughter

  • Mayhem

Sex Offender Convictions

A past sex offense conviction could bring your misdemeanor drug possession charge to a felony. California law states that if you have been charged with an offense that would make you register yourself as a sex offender, then Oxycontin possession will be charged as a felony.

Possessing Huge Amounts of Oxycontin

Possession of certain quantities of Oxycontin might potentially result in felony charges. Although small amounts of the substance for one's use are usually charged as misdemeanors in California, possession of Oxycontin to sell it is considered a felony.

Possessing Oxycontin with the purpose of selling is punishable by 2, 3, or 4 years behind bars. Also, if you are charged with distributing a controlled substance, you cannot be qualified for a California diversion program.

Prosecutors may have a hard time establishing your intent to possess oxycontin. However, the prosecuting team may assume that you meant to sell oxycontin if you have been found in possession of a significant amount of the drug.

As far as the attorney general is concerned, the only acceptable justification for possessing a huge number of pills than one could reasonably consume is to distribute them. A skilled criminal defense lawyer might be able to persuade the jury that you should not have been found guilty of a felony since the quantity of Oxycontin you had was meant for your use.

Additional Repercussions of a Conviction for Possessing Oxycontin as a Controlled Substance

Possessing any substance listed on the drug Schedule is a misdemeanor offense according to Proposition 47, which carries a maximum one-year prison sentence. However, not all people are eligible to face these misdemeanor convictions. Prop 47 is only applicable to those without prior records for other highly violent offenses, for example, murder, and those who are not listed as sex offenders.

Ineligible defendants may face misdemeanor or felony charges based on the type of drug and quantity of possession. The penalties for some of these offenses could be severe, including several years spent behind bars. However, being convicted of a drug offense has other consequences besides jail time. Having a criminal record for possessing a controlled substance may make it more difficult to:

  • Find a Job

Finding work when you've previously been convicted could be difficult. A conviction can come up in the background check when applying for a job. You cannot obtain a security pass to apply for a government job.

  • Rent an Apartment

Landlords may hesitate to rent out to you if they discover your criminal record.

  • Find Financial Aid for College

You might not be eligible for financial help to cover costs for a university or college if you have drug convictions. This could even make it impossible to graduate from college if you are currently attending school.

  • Get Custody

A drug conviction can hurt your chances of getting custody of your kids.

  • Immigration

Your green card or visa may be revoked if you have certain criminal records. Another consequence of a felony conviction is the possibility of deportation.

There are several other possible consequences. A skilled drug defense attorney can provide an honest assessment of your situation and work to reduce the severity of the charges against you.

How to Fight the Charges For Possessing Oxycontin as a Controlled Substance

Possession of controlled substance charges can be complicated, but a drug defense attorney can assist you in navigating the legal system. They may even be able to get the charges dropped in some instances. Some common methods include asserting that:

  • You have an actual prescription, or they could not show that you lacked one

  • You weren't aware of the drug's presence

  • What you had in your possession was not a controlled substance

  • The drugs were discovered through an unlawful search and seizure

  • The substance belonged to someone else

  • The substances were not in your possession

Each case is different; therefore, a legal defense that works in one instance may not work in another. An experienced drug defense lawyer can assess the case and evaluate the available defenses by reviewing the details and supporting documentation.

Working with a Sacramento drug defense lawyer can help you better prepare for your case and mount a strong defense against the accusations.

What Should I Do If I Suspect Another Individual Is Taking My Oxycontin Prescription Drugs?

It is prohibited to sell or distribute your prescription oxycontin medication to a third party. If you believe another person is using your medication, notify local law enforcement. You should return any leftover oxycontin medications to the pharmacist for safe disposal, keep track of your dosage, and store the drugs in a secure location to reduce the likelihood that someone else could access them.

Can I Participate in a Drug Diversion Program?

Prop 47 was designed to foster treatment rather than incarceration for drug-related crimes. As a result, courts could allow you to participate in a diversion program. It is common for individuals who have committed misdemeanor offenses to be eligible.

When you attend a diversion program in California, you enter a guilty plea to the charges, and your sentence will be delayed until you finish the treatment program. Your case will be dropped after completing the program and fulfilling other conditions. This means you don't have to disclose drug charges while applying for jobs or housing.

You can protect yourself from further legal repercussions by hiring a drug defense attorney in Sacramento to advocate for your admission into a diversion program.

Contact a Sacramento Defense Attorney Near Me

Our Sacramento defense attorneys at Foos Gavin Law Firm are available to assist you if you have been accused of possessing Oxycontin with no prescription or for sale. Our team of skilled criminal defense lawyers has successfully protected the rights of people charged with possessing controlled substances in the past.

Building a solid defense against any charges brought against you is crucial, and Foos Gavin Law Firm can assist you in protecting your freedom in this regard. Call us today at 916-779-3500to schedule a free consultation and discuss your case.