Many students rely on coffee and energy drinks to stay focused and awake. While the use of these substances is fine, there is another substance that has gained a lot of popularity amongst college students in Los Angeles, particularly during finals weeks. And the use of that specific substance is alarming. It is known as Adderall. Adderall is used for ADHD treatment in children and adults. The use of this medication without subscription is illegal.
Why is it Considered Illegal?
Adderall is considered illegal because it is a DEA Schedule II substance. It is composed of two stimulate drugs i.e. dextroamphetamine and amphetamine. Combined, these drugs control the nerves and certain brain chemicals. Adderall is considered dangerous because it can affect an individual’s nervous system. Apart from this, it also has a high potential for abuse which can lead to severe physical and psychological dependence.
Possession of Adderall without a Prescription
If you are caught in possession of Adderall without a prescription, you can face up to a year in jail since it is considered a misdemeanor. It is commonly referred to as ‘unlawful possession’ of a controlled substance.
What Constitutes ‘Unlawful Possession’?
Under the U.S. law, prescription drugs are controlled substances. What this means is that the government restricts the possession as well as transfer of these drugs. There are certain cases that allow the possession of Adderall e.g. when they are prescribed by a doctor for ADHD treatment. If you are caught with unlawful possession of Adderall, prosecutors will try to prove any of the following things:
• Actual Possession, where you had possession of the substance.
• Constructive Possession., which means you knew the drug was in your possession.
• Joint Possession, meaning that there was sufficient amount of the drug to use.
Punishment for Unlawful Possession of Adderall
Unlawful possession of this ADHD treatment drug is a misdemeanor according to the “unlawful possession of a controlled substance” law in Los Angeles. The punishment for Adderall possession without a subscription is a fine of up to $1,000 and up to one year in county jail. Furthermore, in certain cases, unlawful possession of controlled substances can be prosecuted as a felony.
Defense for Unlawful Possession of Adderall
Depending on the circumstances around your arrest, there are a number of different ways to defend an unlawful possession of Adderall case. Obviously, you will need the help of a Los Angeles lawyer who specializes in such cases.The most common defense in this case is that you actually had a prescription. As long as the prescription is valid, current, from a licensed doctor, and explicitly for you for a specified amount of time, your Los Angeles lawyer will be able to help you avoid the prosecution.
Another potential defense is that you were unaware of the laws regarding the possession of Adderall without a prescription. You might be acquitted if, for instance, you are visiting a relative and took Adderall by considering it an over-the-counter drug for pain. Last but not least, the case of illegal search and seizure can help you avoid the prosecution. If you feel that you may have been searched without a warrant, then your Los Angeles lawyer may be able to get evidence excused or even dismiss the entire case.