Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
24/7 Help:
909-863-5500
Before you call us:
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
- civil matters
- CCWs or gun right restoration
- labor
- family law
- immigration
- landlord/tenant
- harassment
- restraining orders
And we do not handle any cases outside of California.
Call Us NowWhat Are the Penalties for a San Bernardino County Prescription Drug Offense?
Posted on
If you are arrested and charged with a San Bernardino County prescription drug offense, the penalties can be severe.
Prescription medications are “controlled substances” as defined under California law, and the laws that apply to controlled substances such as heroin and cocaine also apply to prescription drugs if they are possessed, used, sold, or acquired wrongfully. Each of these offenses comes with serious consequences including the possibility of jail time
Illegal Possession of Prescription Drugs
You can be charged with a crime under California Health and Safety Code Section 11350 if you are in possession of a prescription drug without a valid prescription, including possessing more of the drug than is authorized in the prescription, possessing more than one prescription, or possessing someone else’s prescription.
Violation of Health and Safety Code 11350 is a felony, punishable by:
- 16 months, or two or three years in a California state prison and
- a fine of up to $20,000
If you are charged with unlawful possession of a prescription drug, you may be eligible for “drug diversion” which would allow you to serve your time in drug rehabilitation in lieu of prison.
Illegal Possession with Intent to Sell Prescription Drugs
Possessing wrongfully obtained prescription drugs with intent to sell them is a violation of Health and Safety Code 11351. A conviction can result in up to three years in state prison and a fine of up to $20,000. Unlike a conviction for simple possession, a conviction for possession with intent to sell will not have an option of participation in a drug diversion program.
Prescription Fraud
Obtaining prescription medication in San Bernardino County through “fraud, deceit, misrepresentation, or subterfuge” is a crime under Health and Safety Code Section 11173.
There are many ways individuals unlawfully obtain prescription medication through fraud. Stealing, forging, or altering prescription slips, impersonating a physician or other healthcare professional, and “doctor shopping” – seeing multiple physicians in order to obtain multiple prescriptions for the same drug – are two examples of prescription fraud.
A conviction for a violation of Section 11173 HS can be prosecuted as either a felony or a misdemeanor and can result in up to three years in a California state prison or one year in the San Bernardino County Jail.
A conviction for a San Bernardino County prescription drug offense can cost you your freedom and your future. You should speak with an experienced San Bernardino County criminal defense lawyer as soon as possible after you are charged, so give us a call today. (See our article Riverside drug possession crimes.)
About the Author
Neil Shouse
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.
Featured on
Drug Crimes Blog Posts:
Las Vegas hotel security guards are not police. Therefore, they are not bound by the Fourth Amendment. They do not need search warrants – or a constitutional exception to the search warrant requirement – to search a hotel patron for drugs. However, hotel security rarely searches patrons for drugs without their permission. In practice, hotel ...
“I was set up!” is a cry that has been said by many of those who’ve been arrested in a sting or undercover operation conducted by police. If you find yourself saying that after selling drugs in Las Vegas to an undercover police officer, you may be wondering if you can claim “entrapment” as a ...
“Spice,” a synthetic drug designed to mimic the effects of THC, the active substance in marijuana, is illegal in Las Vegas under federal and state law. The use of synthetic drugs like “spice,” K2,” “bath salts,” and “Molly” have skyrocketed in recent years, leading to a surge in hospitalizations and deaths. According to a federal government ...