California Codeine Charges

California drug law makes it a crime to

1. possess the painkiller codeine without a valid prescription, either for personal use or for sale,
2. sell codeine or transport it for sale,
3. be under the influence of codeine without a prescription, or
4. drive under the influence of codeine.

California law imposes serious penalties for non-prescription codeine crimes—even though codeine is the most prescribed drug in the world.

Personal possession of codeine, and being or driving under the influence of codeine, are California misdemeanors for most defendants.¹

But you will face California felony penalties if you are convicted of possessing codeine for sale, selling codeine or transporting codeine for sale.²

The following chart summarizes the penalties for various crimes involving codeine in California:

In this article, our California criminal defense attorneys answer the following frequently asked questions about codeine charges and penalties:

• 1. What are the Penalties for Violating California Codeine Laws?
  • 1.1. What are the penalties for HS 11350 personal possession of codeine?
  • 1.2. What are the penalties for HS 11351 possession for sale of codeine?
  • 1.3. What are the penalties for HS 11352 sale / transportation of codeine?
  • 1.4. What are the penalties for HS 11550 under the influence of codeine?
  • 1.5. What are the penalties for VC 23152(f) driving under the influence of codeine?
• 2. What Legal Defenses Can I Use to Fight California Codeine Charges?
  • 2.1. Can I be guilty of a California codeine charge if I had a prescription for codeine?
• 3. What is the Difference between Legal and Illegal Use of Codeine in California?

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

1. What are the Penalties for Violating California Codeine Laws?

Despite being a frequently prescribed drug, codeine can be the basis of a number of criminal charges in California. The most common include:

1.1. What are the penalties for HS 11350 personal possession of codeine?

Health and Safety Code 11350 HS, California’s “possession of a controlled substance” law, prohibits possessing codeine for personal use without a valid prescription. (In addition to codeine, HS 11350 covers a number of other common drugs, including cocaine, heroin and hydrocodone (Vicodin).)

Simple possession of codeine is a California misdemeanor for most defendants. The penalties may include up to one (1) year in county jail, and/or a fine of up to twenty thousand dollars ($20,000).³

However, you will face California felony penalties–including two (2) to four (4) years in jail–for personal possession of codeine if you have a prior conviction on your record for either:

1. any of a small list of especially serious felonies, including murder, sexually violent offenses, sex crimes against a child under 14, or gross vehicular manslaughter while intoxicated, or
2. a sex crime that subjects you to California’s sex offender registration requirement.⁴

The good news is that a conviction for this California codeine-related offense entitles eligible defendants to participate in drug diversion. This can mean programs such as those provided for by:

• Proposition 36,
• Penal Code 1000 PC, and
• California drug courts.

What all of Prop 36, PC 1000 and California drug courts allow is for a defendant convicted of misdemeanor simple codeine possession to participate in drug treatment in lieu of serving time in jail. And those who successfully complete diversion will qualify to have their drug charge(s) dismissed.

1.2. What are the penalties for HS 11351 possession for sale of codeine?

You violate Health and Safety Code 11351 HS, California’s “possession or purchase of a controlled substance for sale” law, when you possess or purchase codeine with the intent to resell the narcotic. This is a more serious California codeine crime than HS 11350 personal possession of codeine.

If prosecutors can prove that you possessed or purchased codeine with the intent to sell it–rather than consume it for personal use—the penalties may include:

• Two, three or four years in county jail, and/or
• A maximum $20,000 fine.⁵

And unlike possessing codeine for personal use, possessing or purchasing codeine for sale does not allow you to participate in a drug diversion program.

However, as San Bernardino codeine attorney John Murray⁶ explains,

“If your California drug crimes defense lawyer can convince the prosecutor or judge or jury that you only possessed codeine for your personal use–and that you had no intention of reselling it–your HS 11351 charge could be reduced to an 11350 charge for personal possession. This means much lighter penalties and, possibly, the chance to participate in a drug diversion program like Prop 36 or PC 1000 instead of going to jail.”

1.3. What are the penalties for HS 11352 sale / transportation of codeine?

Perhaps the most serious California codeine crime falls under Health and Safety Code 11352 HS, California’s “transportation or sale of a controlled substance” law.

If you are convicted of selling codeine, or transporting (that is, moving) codeine with intent to sell it, or engaging in any of the other acts prohibited under this law, you will face felony penalties for transportation or sale of a controlled substance under HS 11352. These may include:

• Three, four or five years in county jail, and/or
• A maximum $20,000 fine.⁷

And, if you are convicted of transporting the codeine across more than two county lines with the intent to sell it at your destination, you face three, six or nine years in prison and the same maximum fine.⁸

A conviction for this offense does not entitle you to participate in drug diversion.

Also important to note is the fact that a conviction for any of these California codeine-related offenses—HS 11350 simple possession of codeine, HS 11351 possession for sale of codeine or HS 11352 sale/transportation of codeine–may have serious immigration consequences, including your removal or deportation, if you are a legal immigrant or alien.⁹

1.4. What are the penalties for HS 11550 under the influence of codeine?

You violate Health and Safety Code 11550 HS, California’s “being under the influence of a controlled substance” law, when you are under the influence of codeine—AND its use is not consistent with a valid prescription.¹⁰

You are “under the influence” of codeine if your physical or mental abilities are impaired “in any detectable manner.”¹¹

This is the case whether you are under the influence of straight codeine or whether the codeine is mixed with another medication such as Tylenol or cough syrup.

Note that you can also be charged with HS 11550 under the influence of codeine even if you have a prescription for codeine—provided that you are using it other than in accordance with the prescription (for example, taking far more of it than you have been prescribed)

Health & Safety Code 11550 under the influence of codeine is a misdemeanor. Eligible defendants may be able to participate in drug diversion instead of serving county jail time.¹²

1.5. What are the penalties for VC 23152(f) driving under the influence of codeine?

You violate Vehicle Code 23152(f) VC, California’s driving under the influence of drugs law, when you drive under the influence of codeine.¹³

You can be convicted of VC 23152(f) DUI of drugs even if you consume the codeine in a way that is completely consistent with a valid prescription. (This distinguishes driving under the influence of codeine from the other California codeine crimes we have discussed.)

However, driving under the influence of codeine uses a different standard for being under the influence than HS 11550. You drive under the influence of codeine when the codeine has “so far affected the nervous system, the brain, or muscles as to impair to an appreciable degree the ability to operate a vehicle in a manner like that of an ordinarily prudent and cautious person in full possession of his faculties.”¹⁴

And most, if not all, codeine prescriptions come with some type of warning that the narcotic may impair your thinking and/or reactions and that you shouldn’t drive until you know how the drug affects you.

Most convictions for DUI of codeine are misdemeanors. A first-time DUI of codeine may not lead to jail time but will subject you to penalties that may include:

• Suspension of your driver’s license;
• Up to $390 in base fines (the total amount may be higher);
• Required DUI school; and/or
• 3-5 years of DUI probation.

Drug diversion is not available in connection with driving under the influence of codeine.

2. What Legal Defenses Can I Use to Fight California Codeine Charges?

Some of the most common legal defenses for fighting California codeine charges include:

• mistaken identity (i.e., the codeine actually belonged to someone else, but the police incorrectly assumed it was yours),
• illegal search / seizure (perhaps the police violated California’s search and seizure laws by searching you without a valid California search warrant or by discovering or seizing codeine that was located beyond the scope of a valid warrant), and
• police misconduct (the officers engaged in unethical and illegal conduct when they discovered/seized the alleged codeine).

2.1. Can I be guilty of a California codeine charge if I had a prescription for codeine?

One of the most obvious legal defenses to a California codeine-related offense is that you possessed or used codeine in compliance with a valid prescription.

If this is the case, you are not guilty of HS 11350 codeine possession or HS 11550 being under the influence of codeine.

However, you can fight codeine charges with the prescription defense only if it was actually your prescription, if it was obtained legitimately, and if you used the codeine in accordance with the prescription.

So you may still be convicted of a codeine charge if you

1. Possessed someone else’s codeine,
2. Possessed codeine under prescriptions that you obtained from multiple doctors, without them knowing about each other (a type of prescription fraud known in California as “doctor shopping”), or
3. Possessed more than the prescribed amount of the drug.

3. What is the Difference between Legal and Illegal Use of Codeine in California?

Codeine both a legal and an illegal drug.

On one hand, codeine is used and recognized as an effective painkiller. It is prescribed for pain, both on its own and added to many cancer and HIV medications. In fact, codeine is one of the world’s most prescribed medications.¹⁵

On the other hand, codeine is a “controlled substance”—that is, a narcotic drug whose manufacture, possession and use are regulated by the federal government under the United States Controlled Substances Act (as well as by California drug laws). (Codeine prescribed alone or in a high dosage is considered a dangerous “Schedule II” controlled substance.¹⁶)

Codeine is an opiate that dulls the senses and has a powerful sedative effect. As a result, it is frequently abused.

Tragically, many people who abuse codeine—and eventually face California codeine charges–began using the drug for legitimate medical purposes.

But they then discover that they enjoy the euphoria and sense of well-being that comes with the pain-numbing effects of codeine. Or they find that effectiveness for pain relief decreases with time, prompting them to use more and more of the drug.

Once a person is addicted to codeine, s/he may obtain the drug through the criminal practice of doctor shopping/prescription fraud–or by working with a doctor who is willing to knowingly commit the crime of prescribing controlled substances to an addict.

Our codeine defense attorneys feel particular compassion for drug crimes defendants charged with crimes related to codeine. Many of these defendants began using codeine because of a medical condition that was already disrupting their lives—and then found that the drug that was supposed to help them only disrupted their lives even more.

Call us for help . . .

If you or a loved one is charged with possession of codeine or another California codeine-related crime, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone.

We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Additionally, our Nevada drug crimes defense attorneys are available to answer any questions about Nevada’s possession of a controlled substance laws.

Legal References: