Over the last several decades, most states have passed increasingly strict drug laws in an effort to combat the flow of illegal drugs in the United States. California is one of those states. Trafficking in a controlled substance in the State of California is a serious penalty that can land you in prison for a number of years. Sometimes an individual makes the mistake of operating under the assumption that you cannot be arrested for trafficking if you have prescription. Unfortunately that is not the case.
California Health and Safety Code Section 11379 clarifies what is meant by “trafficking” for the purpose of a drug crime as follows:
“…every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance…”
California Health and Safety Code Section 11056 goes on to explain what qualifies as a schedule III “controlled substance”. The list is long; however the main categories within the list are stimulants, depressants, narcotic drugs, nalorphine, anabolic steroids, ketamine, and hallucinogenic substances. People often fail to realize that some prescription medication, though prescribed by a physician, is actually considered to be a controlled substance. Although the patient for whom the medication was prescribed has an absolute right to possess and consume the medication, the patient cannot sell, transfer, or give away the medication to another person. Doing so is a violation of law and could be charged as trafficking in a controlled substance.
It is very important to understand that if your doctor writes you a prescription for a controlled substance you cannot give or sell that medication to another person. Doing so can be the basis of a charge for trafficking in a controlled substance. Technically, even if all you do is give a friend one of your legally prescribed pain pills because your friend is experiencing pain it could be construed as trafficking.
In summary, the fact that you may have a valid prescription for something that is considered a controlled substance does not protect you from being charged with a violation of California’s drug laws. If medication that was prescribed to you ends up in someone else’s hands it could form the basis of an indictment for trafficking.
If you have been charged with a drug crime, contact an experienced criminal law defense attorney immediately to discuss your legal options.
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