There has been an increase in fatalities and immense suffering as a result of the opioid crisis, which has turned into a nationwide public health disaster. The federal and state governments have responded by passing legislation targeting prescription drug practices, the illegal drug trade, and available treatment.

With more access to treatment programs, this all-encompassing strategy seeks to decrease the total supply of opioids, prevent new addictions by tightening prescribing guidelines, and support individuals who are struggling with addiction. Furthermore, particular measures tackle the heightened risk presented by fentanyl, a synthetic opioid that is responsible for a notable surge in overdoses. These legislative efforts are a critical step toward mitigating the opioid crisis and saving lives.

How California is Addressing the Opioid Crisis

California has enacted several pieces of legislation that address components of the state's holistic strategy to battle the opioid crisis, including:

  •  Fentanyl-specific regulation
  • Increased treatment accessibility and
  • Prescription practice regulation.

Prescription opioids that need a prescription from a doctor, including hydrocodone, oxycodone, and morphine, are considered controlled narcotics in California. Stricter prescribing standards are in place to further tighten control. When treating acute pain in particular, doctors should restrict the first prescriptions for opioids and give priority to other pain management strategies.

Prescription drug monitoring programs (PDMPs), which are required, help reduce "doctor shopping" by enabling medical personnel to review a patient's history of using restricted substances. Sustained education guarantees safe and efficient prescription practices for opioids.

Like heroin, illicit opioids are a grave hazard. However, because of its potency (50 to 100 times stronger) and significance in overdoses, fentanyl, a synthetic opioid that is frequently produced illegally and mixed with other drugs, presents a particular issue. Fentanyl and its derivatives are now considered controlled narcotics, where trafficking is punishable by harsher laws, mainly when more significant amounts are involved. These measures aim to disrupt the supply chain of this dangerous opioid.

Similar to the federal system, California lists fentanyl and its derivatives as Schedule II controlled narcotics. There are some valid medicinal uses for the medications on this schedule, but they also have a significant potential for misuse and dependence. Strict guidelines are in place to avoid misuse, and a doctor's prescription is required to access Schedule II medicines.

The Controlled Substances Act (CSA) of California classifies pharmaceuticals according to both their approved medicinal applications and potential for abuse. The following are the classifications:

  • Schedule I — Substances, including heroin, LSD, marijuana, apart from prescribed medical uses, and ecstasy (MDMA), that have the highest potential for misuse and no recognized medical value.
  • Schedule II — This schedule contains stimulants, including amphetamines and cocaine (save for restricted topical treatments), strong opioids like oxycodone, hydrocodone, morphine, methadone, and fentanyl and its analogues. Methadone is used for pain management and addiction therapy.
  • Schedule III — This class of drugs includes both approved medicinal uses and a moderate to low risk for misuse. Examples include some barbiturates, some anabolic steroids, and some codeine combinations with other analgesics in small doses.
  • Schedule IV — Drugs in Schedule IV have approved medical uses, minimal risk of abuse, and frequently have little potential for dependence. Examples include some painkillers like Darvocet and tranquilizers like Xanax and Valium.
  • Schedule V — This group of pharmaceuticals comprises those with the least potential for abuse and recognized medical use. These are frequently over-the-counter drugs with minimal levels of psychoactive effects, like cough suppressants that include trace amounts of codeine.

Issues that Could Result in Criminal Charges

The violation of drug-related laws could result in significant legal consequences. Let us look at activities that are regulated in California with regard to controlled drugs.

  1. Simple Possession of a Prescription Drug

One important component of the Controlled Substances Act is possession. "Simple possession" is the legal term for possessing a prohibited substance without a valid reason, like a prescription from a qualified medical practitioner. It is illegal to possess fentanyl without a valid prescription because it is a Schedule II substance.

It is still illegal to possess fentanyl without a prescription, even if it was initially prescribed to someone else. This is to help reduce abuse and avert related risks. The exact consequences of possessing fentanyl without a prescription might vary depending on:

  • The drug type and quantity — The charges and possible outcomes are greatly influenced by the particular controlled substance you possess and the quantity you have. Penalties for fentanyl are usually more severe than those for drugs on lower schedules because it is a Schedule II substance. If you possess a greater amount of fentanyl, the consequences are likely to be more severe.
  • Criminal history — Your past convictions, particularly those involving drugs, could impact the case's result. You could get a lesser sentence if you are a first-time offender with a clean record. If you commit the same offense again, you can be subject to harsher punishments, including jail time.
  • Intent — When you possess a controlled substance, the court considers your intent. Different laws could apply to possession for personal use vs. possession with the intent to sell or distribute, which is usually punishable by more severe punishments because of the greater danger of addiction and human trafficking.

There could be misdemeanor or criminal consequences if you violate HSC 11350. The violation carries the following potential consequences:

  •  A jail sentence for a maximum of one year in a county jail
  • A maximum $1,000 fine
  • Probation combined with required drug rehab center

  1. Possession of a Prescribed Drug With an Intent to Sell or Distribute

As previously mentioned, there is a significant danger of addiction and overdose when using fentanyl. Distributing or selling this drug exposes others to extreme dependence and potentially fatal consequences.

Simple possession is not the same as possession with the intention to sell or distribute. The prosecution must demonstrate that you were in charge of selling or distributing a restricted substance instead of retaining it for personal use. This is how prosecutors will establish possession with the intent to sell or distribute.

This felony differs from simple possession in two crucial ways:

  • You must control the restricted substance, either physically or by concealment or awareness that it is easily accessible (constructive possession).
  • Evidence must demonstrate your intention to sell or distribute the medication. Some examples of this situation include:
    1.  Possessing quantities that exceed what is typical for personal use
    2. Possessing packaging materials like baggies or scales used for dividing drugs into saleable doses
    3. Communication suggesting intent to sell, like text messages or conversations
    4. Possessing drug paraphernalia like multiple pipes or syringes

Significant penalties apply when you violate Health and Safety Code Section 11351 regarding possession of controlled narcotics for sale or purchase. Violating this law could result in felony charges, which could result in the following penalties:

  • You could spend a maximum of four years in state jail, with the possibility of longer terms if you have committed crimes in the past or sold drugs near sensitive areas.
  • Fines totaling more than $20,000

Generally, licensed professionals like on-duty pharmacists are exempted from HSC 11351. Licensed professionals legally possess controlled substances as part of their professional duties. They follow stringent guidelines governing these medications' storage, distribution, and documentation while operating under licenses. Their main goal is to ensure that prescriptions are valid and distributed in compliance with doctor's recommendations while providing medication for appropriate medical objectives.

  1. Forging a Prescription

Because of its extreme potency and addiction, fentanyl is a perfect storm for those who are struggling with dependency. The drug's potency fuels a desire to obtain it. Even for valid medical reasons, fentanyl's classification for severe pain management and strict regulations because of its potential for abuse make legal access difficult.

Some people turn to dangerous and illegal techniques because of the unfortunate combination of strong addictions and access restrictions. Doctor shopping is one of these techniques. It is visiting several doctors in an attempt to get prescriptions, frequently by deception. Forgery is the falsification of prescriptions to deceive pharmacies.

Addiction is not the only problem, though. The market for illicit fentanyl offers a clear incentive based on profit. Because of its high street value and potency, fentanyl is profitable for traffickers. They can sell the medicine at exorbitant costs since forgery allows them to avoid discovery and circumvent legal processes.

Healthcare providers are not exempt from vulnerability. The illicit drug trade can benefit from the diversion of fentanyl from authorized medical use into criminal channels through the use of stolen prescription pads or falsified documentation. This can compromise the healthcare system's ability to provide appropriate pain management.

Addiction may not be the only motivation for those who falsify prescriptions for their use. Financial problems could lead to a cycle in which drug users sell or distribute fentanyl in addition to using it regularly to maintain their addiction.

Beyond the immediate participants, there are far-reaching consequences associated with the illicit distribution of fentanyl via fake prescriptions. Greater accessibility raises the likelihood of overdose deaths in communities and contributes to addiction. The unregulated nature of illegally obtained fentanyl can lead to impurities or inappropriate dosages, considerably raising the health risks for users.

There are various laws you will violate when you forge a prescription. These include the following:

Altering or Forging a Prescription

Falsifying a prescription to include information that is not true, like the medicine, dose, or a doctor's signature, is considered forgery under HS 11368. It is also against the law to use a fake prescription to get drugs from a pharmacy.

This is not just a forgery law. Whatever your experience level, it is illegal to give someone a fake or falsified prescription, not to mention the profound legal ramifications of owning drugs that you intentionally obtained through a fake prescription.

Since HS 11368 is a "wobbler" offense, prosecutors could prosecute it as a felony or a misdemeanor. Among the possible penalties are the following:

  • $1,000 in fines, one year in county jail, and/or unofficial probation for a misdemeanor violation,
  •  Formal probation, possible fines, and a sentence of 16 months, 2 years, or 3 years in state prison for a felony violation

Possession of Fentanyl Obtained Through a Forged Prescription

Business and Professions Code 4324 deals with the possession of prohibited medications obtained through fraudulent prescriptions. Regarding fentanyl, breaking this division is contingent upon two crucial elements:

  • Possession of Fentanyl — You need to be in physical control of the drug or be aware that it is in your possession. This could entail carrying it outright or keeping it in a reachable location.
  • Fentanyl acquired via a forged prescription — It is necessary for the fentanyl that you are in possession of to have come via a forged prescription. This indicates that a pharmacy was tricked into distributing the medication by falsifying or altering the prescription form.

The forgery's specifics can change. The prescription might be completely fabricated, or it might involve a genuine doctor's signature on a document with altered medication or dosage. Crucially, knowing that you had fentanyl that you got through a fake prescription could result in charges under BPC 4324, even if you had nothing to do with the forgery.

BPC 4324 explicitly targets the possession of drugs obtained through forgery rather than the act of forging the prescription itself. Because BPC 4324 is a "wobbler" offense, prosecutors could choose to prosecute it as a felony or a misdemeanor depending on several issues, including:

  • Prior criminal history — While a history of offenses could result in a felony charge, a clean record could result in a misdemeanor charge.
  • Quantity of fentanyl — It is important to know how much fentanyl you own. More quantities are likely to result in felony charges because they could indicate possible distribution or significant addiction.
  • Use of violence or threats — If violence or threats were involved in obtaining fentanyl, the penalties would likely be more severe due to the increased seriousness of the crime.

Under BPC 4324, a misdemeanor conviction carries a maximum one-year sentence in county prison, a $1,000 fine, and/or informal probation. This result is typical for less serious cases, like having a small amount of fentanyl on your person without a history of criminal activity.

Felony convictions can result in a sentence of 16 months, two years, or three years in state prison, formal probation, and a potential fine of $10,000.

Creating and Possessing Fake Prescription Blanks

Contrary to forging already-existing prescriptions, Health and Safety Code Section 11162.5 deals with producing and possessing counterfeit prescription blanks. You violate this law in the following ways:

  • Making fake blanks — Making completely false prescription blanks that are intended to resemble authentic prescriptions from certified medical practitioners. Although the doctor's information is on these documents, they are not authentic.
  • Having many counterfeit blanks — You might not be prosecuted if you only have one or two false blanks. On the other hand, you violate HS 11162.5 if you intentionally own more than three fake prescription blanks.

A conviction for a misdemeanor under HS 11162.5 carries a maximum sentence of one year in county jail, a maximum fine of $1,000, and/or informal probation.

On the other hand, felonies carry a maximum sentence of three years, two years, or sixteen months in state jail, as well as official probation and possible fines.

Prescription Violations by Licensed Health Care Providers

The Health and Safety Code outlines particular drug-related violations, including making fake prescription blanks (HS 11162.5) and incorrect prescriptions by licensed healthcare providers (HS 11156). Although these parts appear separate, they may occasionally overlap.

The behavior of medical practitioners is the subject of this section. It forbids them from writing prescriptions for controlled medications to addicts or people who falsely identify as such.

An example where both provisions might apply is when a doctor forges prescription blanks (HS 11162.5 violation) and then uses them to write a prescription for a prohibited substance to a patient they know is an addict (HS 11156 violation).

The maximum sentence for a misdemeanor is one year in county jail, fines of up to $1,000, and/or unofficial probation.

Convictions for felonies result in official probation, possible penalties, and sentences of 16 months, two years, or three years in state prison.

Find a Criminal Defense Attorney Near Me

The problem of fentanyl is complex. Although essential for treating medical pain, its strength and illegal usage worsen the current overdose issue. Though fentanyl-related charges present a challenging situation for people facing them, law enforcement actively works to stop their spread.

Fentanyl charges have harsh penalties. Therefore, it is not a good idea to handle the judicial system on your own. Competent criminal defense lawyers in Los Angeles are prepared to analyze your case and tenaciously protect your rights. Their knowledge can help you decide between a more favorable outcome and a conviction that will change your life.

At The LA Criminal Defense Law Firm, our experience handling similar cases puts us in the best position to develop the best defense strategy for your case. Contact us at 310-935-1675 to schedule a free case assessment.