Individuals who possess Adderall without a prescription in California may be charged with unlawful possession. If an individual possesses Adderall without a valid prescription, they may face 364 days in county jail.
Possessing the drug Adderall with the intent to sell it is a felony. If an individual is convicted, they may face two to four years in state prison. The sale and transport of Adderall is also illegal under California law without authorization.
If an individual attempts to sell the drug to another individual, they will face another criminal charge in California. It is illegal for individuals to sell prescription drugs without a valid license to write prescriptions or to use a false prescription.
In addition, it is illegal to provide or distribute prescription drugs without a valid license. This is because of the dangers that are associated with Adderall.
One of the main dangers associated with the use of Adderall is the potential for dependency and abuse. Individuals who obtain the drug for purposes that the drug is not traditionally used for may tend to overdose.
This misuse can be very dangerous if the drug is used outside of the proper dosage and administration guidelines. There are various side effects that are associated with Adderall, which may be worse under the conditions of abuse.
Similar to any amphetamine-based drug, common side effects of the use of Adderall include:
- Insomnia;
- Headache;
- Weight loss;
- Loss of appetite;
- Stomach issues.
There are also less common but more serious side effects, which may include:
- Heart attack and heart problems, such as arrhythmia;
- High blood pressure or hypertension;
- Stroke;
- Seizure;
- Lack of physical coordination and other nervous twitch-type disorders;
- Death
In addition, although Adderall has been prescribed for depression and other psychological symptoms, it has been linked to an aggravation of psychological symptoms, including, but not limited to:
- Mood swings;
- Depression;
- Aggressive behavior;
- Mania or psychosis;
- Hallucinations.
If an individual has any questions regarding the possession of Adderall in California, they should consult with a local California attorney.
What Is Adderall?
Adderall is a medication that is used for the treatment of attention-deficiency hyperactivity disorder (ADHD) and attention-deficiency disorder (ADD). It is similar to Ritalin and Daytrana.
It is also marketed as a treatment for bipolar and depression conditions. Adderall works by using a combination of several different amphetamines to address issues such as lack of concentration and difficulty focusing.
Adderall may also be referred to as the competition drug because it is claimed to increase an individual’s ability to focus and study.
Because of this, many individuals, especially college graduate students, have tried to obtain Adderall in order to make them more competitive in school. There are, however, also adults and professionals who obtain Adderall to be more competitive in the workplace.
This has caused the exchange of this drug to take place in underground or street markets without a prescription or the advice of a pharmacist.
What Is the Charge for Selling Adderall? What Does Intent to Sell Refer to in This Adderall Charge?
The criminal charge for selling Adderall is typically possession of Adderall for Sale. In the State of California, it is unlawful for an individual to possess Adderall in a usable amount with the intent to sell.
In order to prosecute an individual who has been accused of selling Adderall, the prosecution needs to prove beyond a reasonable doubt that:
- The defendant illegally sold or transported the controlled substance;
- The defendant was aware of the presence of the controlled substance;
- The defendant knew that the controlled substance was Adderall;
- The controlled substance was actually, in fact, Adderall; and
- The Adderall the defendant possessed was in a usable amount.
California defines a usable amount as being a large enough number of the pills to be used by an individual as a controlled substance. The actual amount does not have to be usable by a specific user.
Traces and debris of Adderall will not constitute a usable amount. With an Adderall charge, the intent to sell refers to a defendant who intends to receive something of value for the Adderall pills being offered to another individual.
Something of value typically refers to anything that ranges from money or food to goods and services. The criminal charge for selling Adderall is not the same criminal charge as that for trafficking Adderall.
The intent to traffic is more than just selling Adderall. Trafficking is a much more serious charge and may occur when the defendant is accused of doing any of the following with Adderall:
Can I Possess Adderall and a Firearm?
If an individual is found in possession of Adderall and a firearm and they do not have a prescription, they may risk facing multiple charges. These charges may include a felony charge of being in possession of a firearm while under the influence of a controlled substance or medication that prevents gun ownership.
What Is the Sentence for Adderall Possession With the Intent to Sell?
In general, drug distribution is a felony offense in California. Felonies are serious offenses that are punishable by one year in state or federal prison.
The possession of Adderall with the intent to sell is a felony. In California, the legal consequences of selling the drug may include a sentence of two to four years in a state prison.
The penalties for drug distribution will vary based on the type of drug and the amount of the drug. In addition, the illegal distribution of Schedule I controlled substances is punished more severely than the illegal distribution of Schedule V controlled substances.
In addition, larger quantities of drugs are punished more harshly than smaller quantities. Drug distribution penalties also typically come with periods of incarceration that may range from one to ten years in prison.
Additionally, criminal fines may be imposed that may range from $100 to $10,000. The penalties may also be enhanced or heightened if there are certain aggravating factors present, including, but not limited to:
- Prior drug arrest history;
- Selling drugs to a minor or on school grounds;
- Distribution while armed;
- If children were involved at any point during the distribution process; or
- The classification of the drug being distributed.
Drug distribution cases commonly involve civil forfeiture of assets. With a civil forfeiture of assets, the municipality, state, or federal agency that is responsible for prosecution can permanently seize any assets that were associated with the offense of distribution, including:
- Monetary proceeds from drug distribution;
- Buildings used as grow houses;
- Vehicles used to transport the drugs.
Are There Strong Defenses I Can Use to Fight an Adderall Possession With the Intent to Sale Charge?
One of the most common defenses a defendant could present to fight an Adderall possession with the intent to sell charge would be that there was not an actual intent to sell. Because the prosecution is required to prove that the defendant intended to sell the Adderall to the plaintiff, they must show sufficient evidence of intent.
If the prosecution does not, the defendant may be able to use that as a defense to the charge. There are also other examples of drug crime defenses, which may include:
- Unwitting possession;
- Illegal search and seizure;
- Police abuse of power;
- Legal use.
Should I Contact a Lawyer to Represent Me in My Adderall Charge?
If you are facing Adderall charges in California, it is important to consult with a California drug lawyer as soon as possible. Your lawyer will be familiar with California drug laws and will also be able to determine what legal defenses may be available based on the facts of your case.
In addition, your attorney will represent you in court while protecting your legal rights. Your attorney may also be able to negotiate with the prosecution for a plea deal, a reduction in the charges against you, or even a dismissal if possible.
