For many people, the term “possession of a controlled substance” brings to mind a drug user with illegal drugs such as heroin or methamphetamines. However, having prescription medications like Ativan, Klonopin, and Xanax without a proper prescription is treated the same way as having other controlled substances. Just because these prescription drugs have medical uses does not mean they are safe to use without a doctor’s approval. Using prescription drugs for recreational reasons has become a serious health issue in the US.
Benzodiazepines are the most frequently misused type of prescription medication. Although people use these drugs legally every day, possessing or selling benzodiazepines without permission can lead to severe legal penalties.
An Overview of Benzodiazepines
Benzodiazepines, often called “benzo,” is a psychoactive drug used as mild tranquillizers. Chlordiazepoxide, the first benzodiazepines compound, was accidentally discovered in 1955. benzodiazepines have been available to the public since 1960. The use of benzodiazepines increased significantly after the introduction of diazepam in 1963, and by 1977, they were the most commonly prescribed drugs worldwide.
As the use of benzodiazepines grew, doctors began to reduce the use of barbiturates. At first, the medical community was pleased with the effects of benzodiazepines, but over time, they became concerned about how easily people could become dependent on them. These drugs are still often prescribed for various medical conditions, even with these concerns.
Benzodiazepines are often used to treat several common conditions, including:
- Agitation
- Anxiety
- Seizures
- Insomnia
- Muscle spasms
- Withdrawal from alcohol and drugs
According to the US Controlled Substances Act, benzodiazepines falls under Schedule IV drugs. Although Schedule IV drugs are among the less severe categories of controlled substances, illegally possessing or selling them can still lead to serious penalties.
The four most common benzodiazepines are:
- Valium (generic name: diazepam)
- Xanax (generic name: alprazolam)
- Klonopin (generic name: clonazepam)
- Ativan (generic name: lorazepam)
California Laws on Benzodiazepine Possession
According to California Health and Safety Code (HSC) 11375(b)(2) HS, it is illegal to possess any prescription sedative, like benzodiazepines, without a valid prescription. It is against the law for you to knowingly have specific controlled substances, like benzodiazepines unless you have a written prescription from a licensed dentist, doctor, veterinarian, or podiatrist in California.
HS 11375 is part of California’s Controlled Substances Act, which regulates how certain substances, such as benzodiazepines and other sedatives, can be used, possessed, and distributed. If someone possesses these sedatives without a valid prescription, it is treated as a misdemeanor or an infraction. However, selling them or planning to trade them can lead to felony charges.
The various California laws are outlined below:
- Simple possession is described under HSC 11375b2. This includes constructive, joint, or actual possession of benzo or other kinds of sedatives. For a conviction, the District Attorney must prove one of these three kinds of “simple possession”:
- Constructive possession means you owned the prescription sedative, like holding them in your home, car, or storage unit
- Actual possession means you intentionally carried the sedative with you
- Joint possession means you share control of the sedatives with one or more individuals
- Possession for drug sale is described under HSC 11375b1 and applies when someone has more than a 90-day supply of sedatives
- Driving while under the influence (DUI) is addressed under Vehicle Code (VEH) 23152f and involves proving that you could not drive safely because of the prescription drugs
- Trafficking or selling is also covered under HSC 11375b1 and involves selling prescription sedatives, also called “trafficking.”
- HSC 11550 defines being under the influence and consists in demonstrating that sedatives affect your mental and physical abilities
Simple Possession of Benzodiazepines
Breaking HSC 11375b2 is considered a wobble, which means it could be tried as either a misdemeanor or an infraction. Infractions do not result in jail time in California; instead, they can lead to fines not exceeding $250.
As a misdemeanor, the offense can lead to up to 6 months behind bars and/or fines not exceeding $1,000. However, you might avoid jail time and have the charges dismissed by participating in a diversion program, like:
- Prop 36
- Drug courts
- PC 1000
Possession of Benzodiazepines for Sale
HSC 11375b1 makes it illegal to possess any prescription sedative or benzodiazepines with the intention to sell them. Since it is difficult to prove someone’s intent directly, prosecutors use circumstantial evidence. Examples of this evidence include:
- Having large amounts of cash that police believe come from drug sales
- Being found with much more than a 90- or 30-day supply of sedatives
- Spending time in areas known for drug dealing
- Carrying a firearm, which is often associated with drug dealers
Violating HSC 11375b1 is considered a California wobbler. This means the prosecution could either file felony or misdemeanor charges. If charged as a misdemeanor crime, possessing a prescription sedative with the intention to sell can lead to:
- Up to 1 year behind bars
- Fines of up to $1,000
If you are charged with a felony crime, possession for sale can result in the following:
- Sixteen months, two years, or three years behind bars
- Fines not exceeding $10,000
Trafficking and Sale of Prescription Sedatives
California HSC 11375b1 makes it illegal to sell any prescription sedative. This act of selling is sometimes called “trafficking.”
Breaking HS 11375b1 is classified as a wobbler. This means the prosecution can choose to charge it as either a felony or a misdemeanor. If charged as a misdemeanor crime, this can lead to 12 months behind bars and fines not exceeding $1,000. If charged as a felony crime, the penalties can include:
- Sixteen months, two years, or 3 years behind bars
- Fines not exceeding $10,000
DUI of Prescription Sedatives Or Benzodiazepines
California VC 23152(f) makes it illegal to drive under the influence (DUI) of controlled substances, including sedatives. To find someone guilty of a DUI involving sedatives, the prosecution must show that the medications have significantly impaired the brain, muscles, or nervous system, affecting your ability to drive like a careful and sensible person.
Like a DUI of alcohol, driving under the influence of drugs (DUID) is normally treated as a misdemeanor offense. For a first offense, the penalties may include up to 6 months behind bars, fines not exceeding $1,000, a suspension of the driver’s license, and mandatory DUI school.
Being Under the Influence
The provisions of California HSC 11550 make it a crime to be under the influence of controlled substances without a legitimate prescription. The District Attorney must prove two things to secure a successful conviction:
- The sedatives caused this impairment
- Your mental or physical abilities are affected in some way
California HSC 11550 is treated as a misdemeanor crime. This can lead to up to 12 months in jail and fines of up to $1,000. However, a judge may choose to drop the charges and avoid jail time if you finish the drug diversion program.
Is It a Crime to Use Benzodiazepines?
In California, HSC 11550 makes it illegal to use benzodiazepines or to be under their influence. The only exception is if you have a current and valid prescription for the medication. You can violate HSC 11550 if you are under the influence in any detectable way. Prosecutors do not need to demonstrate that you are impaired or that you acted wrongly to secure a conviction.
Using or being under the influence of benzodiazepines is treated as a misdemeanor in California, which can lead to:
- Up to 1 year in jail and/or fines not exceeding $1,000
- Up to five years of informal probation
- Drug counseling
- Community service
However, a third conviction within seven years can result in 180 days in jail unless you complete a court-approved drug treatment program. If you are a first-time offender, you might be able to have the charge dismissed by completing a diversion program.
Investigation of the Crime
Like many drug-related offenses, investigations into benzodiazepine crimes often rely on undercover police operations. It is much easier for a prosecutor to build a case if someone is caught while selling the drug.
Typically, a case involving benzodiazepines may include one or more of the following methods:
- Surveillance, which may involve monitoring a suspect’s home or areas known for drug activity.
- Informants, who may act as confidential informants (CIs) for the police in exchange for money or reduced penalties for their own crimes.
- Monitoring the Internet to track online pharmacies or to conduct undercover sting operations.
- Undercover officers pretending to be buyers or sellers to carry out “buy-and-bust” arrests.
Defenses Against Benzodiazepine Use or Possession Charges
An experienced attorney who specializes in drug crimes can create a strong defense strategy to help you achieve the best outcome in your case. Some possible defenses include:
Entrapment
This occurs when law enforcement officers induce individuals to commit crimes they would not have otherwise committed. This defense requires you to prove the following:
- The officer’s actions led to the offense
- You did not intend to commit the crime before the police got involved
Challenging the Elements
In any criminal case, the prosecution must prove all parts of the charge. A skilled defense attorney can argue any of the following points:
- Lack of control—You did not have control over the drug
- Lack of knowledge—You were unaware that the drug was in your possession or did not know it was a benzodiazepine
- Insufficient amount—The amount of the drug found in your possession was too small to support the charge
Misconduct By Police Officers
Many criminal cases can be overturned due to police violations of a defendant’s constitutional rights. For instance, if police search your home without a warrant, the court may decide that any evidence they found is not acceptable because the search was illegal. In other situations, the methods used by police may be improper, such as creating false reports about the reasons for your arrest or even planting narcotics on you or in your vehicle.
If there are concerns about police misconduct, your attorney can request the court to review the officer’s record for any past violations. If a pattern of misconduct is found, it may be possible to use this information to have your charges dismissed or reduced.
Valid Prescription
If you have a legal prescription for a benzodiazepine, you may avoid a conviction. However, this defense does not apply in the following situations:
- You had a fake prescription for the drug, which violates California’s laws against doctor shopping
- You had benzodiazepines that were legally prescribed to someone else, and you were not authorized to use them
- You possessed more medication than what was prescribed
Possession for Your Own Use
If you face charges for possession with intent to sell, your attorney would claim that the evidence from the state is not strong enough to prove your intention to sell. For example, if you possess multiple bottles of tranquilizers, your attorney could claim that you wanted to refill your prescription and decided not to use them. Since you ended up possessing multiple bottles does not mean you intended to sell them.
Prescription Drugs Did Not Cause Your Impairment
If the police find you driving while sedated, they might assume you have taken benzodiazepines. However, if we can prove that you were experiencing something unrelated, like a diabetic coma or extreme tiredness, then the charges of driving under the influence of drugs (DUID) should not apply.
Can I Face Charges For Possessing Benzodiazepines Even If I Have a Prescription?
In some situations, yes. Possession of a valid prescription is only part of your defense and does not guarantee protection from a charge. For example, if your prescription is valid for 10 days, but you have enough medication for 50 days, you have more than what your prescription allows, and you could be charged with illegal possession of Xanax.
What If I Did Not Know the Benzodiazepines Were There?
If you were unaware that the benzodiazepines were present, the prosecution cannot build a case against you under Health and Safety Code section 11375. It is the responsibility of the prosecution to prove beyond a reasonable doubt that you knew the drug was there. If they cannot do this, you should not face a conviction for this offense. However, you will need a skilled attorney to help present this argument.
Contact a Drug Crimes Defense Lawyer Near Me
If you face charges for Xanax, Ativan, or Klonopin, you could face serious consequences for possessing benzodiazepines. This risk increases if prosecutors claim you intended to sell these drugs. No matter the charges, hiring a qualified criminal defense attorney gives you the best chance for a favorable outcome. Your attorney should actively protect your rights from the moment you choose them.
We at The LA Criminal Defense Law Firm have the experience needed to safeguard your rights. If you have been charged with possession of benzodiazepines in Los Angeles County, we are here to assist you. Contact us today at 310-935-1675 for a free consultation.
