Students and Adderall: HS 11350

Adderall is a popular prescription drug commonly prescribed to treat ADHD and narcolepsy. High school and college students have been known to use Adderall to increase their ability to study and for reasons unrelated to academics. In the State of California, possession of Adderall without a valid prescription is treated as misdemeanor under Health and Safety Code Section 11350.

The consequences for an Adderall conviction may include:

  • one year in county jail;
  • three year probationary term;
  • fines;
  • fourth waiver;
  • drug classes; and/or
  • public work service.

Adderall use among young adults and college students in San Diego and across the country is pervasive. Many students have a valid prescription and provide Adderall to their friends and classmates. In San Diego alone, we have San Diego State University, UC San Diego, University of San Diego, Point Loma Nazarene University, and Cal State San Marcos. This population is particularly susceptible to being charged with possession of Adderall without a valid prescription, because of the sheer number of students that attend each university.

The issue is that a misdemeanor drug conviction can have serious consequences that may not manifest for years after someone has completed high school or college. For that reason, possession of Adderall or any drug charge should be treated very seriously. If someone possesses Adderall with the intent to sell, he or she can be charged with a felony under Health and Safety Code Section 11351, and face potential prison time.

There are many defenses that may be available against a charge for possession of Adderall. It typically starts with the actual search. For law enforcement to conduct a search they must comply with the 4th Amendment of the US Constitution, which protects against unreasonable searches and seizures. For a search to be reasonable, it must have a warrant, supported by probable cause, and issued by a neutral and detached magistrate. If these conditions are not satisfied, the search may be deemed unconstitutional. Law enforcement may attempt to rely on a warrant exception to conduct a search, and an experienced criminal defense attorney will understand how to attack the legality of the search.

At Kern Law, APC, we have defended clients since 2004 against drug crimes. If you or someone you know are facing drug charges, please contact my office today. We provide a free consultation.

Categories: HS 11350
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