Kern Law, APC, has defended clients since 2004 against Prescription Drug Charges, Health and Safety Code Section 11350, in San Diego County. For those arrested or charged with HS 11350 in San Diego County, the cases will be heard in the San Diego Superior Court. Being arrested for possessing prescription medication without a valid prescription can lead to serious criminal consequences in California.
San Diego prosecutors aggressively file charges under HS 11350, especially when the medication involves benzodiazepines, opioids, or other controlled substances.
Prescription Drug Possession in San Diego County:
California Health & Safety Code Section 11350 makes it illegal to possess certain controlled substances without a valid prescription. This includes prescription medications and narcotics that are possessed unlawfully.
Common prescription drugs involved in San Diego County prosecutions include:
- Hydrocodone (Vicodin)
- Oxycodone
- Adderall
- Xanax
- Morphine
- Codeine
- Fentanyl pills
- Percocet
San Diego Prosecutors must prove the following:
To convict someone under HS 11350, the prosecution generally must prove:
- The defendant possessed a controlled substance,
- The defendant knew the drug was present,
- The defendant knew it was a controlled substance, and
- The amount was usable.
It is important to understand that possession can include the following:
- Actual possession: drugs found in a purse, backpack, pocket, etc.
- Constructive possession: drugs found in a car, bedroom, or other area under the person’s control
- Joint possession: multiple people exercising control over the substance
Potential Defenses to Prescription Drug Charges:
Kern Law, APC is an experienced criminal defense office and understands how to challenge whether the drugs were lawfully possessed or whether police violated constitutional rights during the investigation. Potential defenses include:
Illegal Search and Seizure
- Vehicle searches
- Pedestrian detentions
- Traffic stops
- Probation searches
Valid Prescription
A lawful prescription with documentation will often lead to a dismissal of the charges.
Lack of Knowledge Regarding Prescription Medication
The prosecutor must establish knowledge – that is, the person knew the medication was present.
Prescription Drug Was Not a Controlled Substance
The prosecutor must prove the pills qualify as a controlled substance and laboratory testing must support this fact.
Penalties for Prescription Drug Possession
Potential penalties may include:
- Informal Probation
- Up to one year in county jail,
- Drug counseling,
- Fines and court fees,
- Waiver of Fourth Amendment Rights regarding searches
- Potential registration as a Narcotics Offender
Contact Kern Law, APC, today:
Understanding the available defenses for a Prescription Drug charge in San Diego County is critical to a successful defense. If you have been arrested or charged with HS 11350, contact my office today. We provide a free, confidential consultation.
