Matt Horeczko - What Are Prescription Drug Crimes?

 There has been an epidemic of abuse and addiction to prescription medications in the United States. While several states have tried to address the issue through drug treatment programs rather than traditional criminal prosecution, convictions for crimes involving prescription drugs under California and Federal law can carry serious consequences. Matt Horeczko says it is imperative to seek the advice of an experienced attorney if you are charged with a prescription drug crime. Working with an experienced lawyer will give you the best chance to avoid a conviction and get the treatment you need.


Prescription Drug Offenses in California

Possession

Health and Safety Code 11350 prohibits the possession of any usable amount of a controlled substance. This can include illegal drugs such as heroin or cocaine, or prescription drugs such as Vicodin that are not lawfully prescribed. Proposition 47, which passed in November 2014, changes certain drug possession offenses from felonies to misdemeanors. Many people with drug offenses can avoid jail time entirely if they qualify for and complete a diversion program. The punishment for a misdemeanor charge can be up to a year in prison.


The amount of the drug and a person's prior convictions will determine the charge and sentence for those who do not qualify under proposition 47.


Possession For Sale

The Health and Safety Code *11351 prohibits the possession of controlled substances to be sold. It is legal to possess lawfully prescribed drugs, but it is illegal to sell them. If you intend to sell drugs illegally, you can be charged with possession for sale, regardless of the number of drugs you have — even if they are lawfully prescribed by your doctor. Possession for the sale of narcotics is a felony charge, and penalties are determined by the number of drugs you have.


Use of Prescription Drugs

It is a misdemeanor to use or be under the influence of a controlled substance, according to Matt Horeczko. This means that using prescription medications like codeine, morphine, or hydrocodone without a valid prescription from a doctor, or not complying with the prescription, can lead to a charge under this statute.


An experienced attorney can assist if you have questions about your case. If you face a drug charge, you likely have many questions.


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