Adderall refers to a medication intended for the treatment of attention deficiency hyperactivity disorder (“ADHD”), and attention deficiency disorder (“ADD”). Adderall is similar to Ritalin and Daytrana, and is also marketed as a treatment for bi-polar/depression conditions. Adderall works through the combination of several different amphetamines to address issues such as lack of concentration and difficulties in focusing.
Adderall may also be known as the “competition drug.” This is due to the fact that it is claimed to increase the ability to study and focus. Because of this many people, especially college and graduate students, have attempted to obtain Adderall in order to make them more competitive in school. However, there are plenty of adults and professionals who also obtain adderall in order to be more competitive in the workplace.
This has resulted in a considerable exchange of the drug in underground or street markets, without the advice or prescription of a pharmacist. While Adderall is generally considered to be safe when used as prescribed, some consider it to be a dangerous drug, especially when abused.
Is It Illegal to Sell Adderall in California?
Those who possess Adderall without a prescription in California can be charged with unlawful possession. In California, possessing Adderall without a valid prescription conviction can result in 364 days in county jail, while possessing the drug with the intent to sell is a felony. A conviction can result in two to four years in state prison.
California law makes it illegal to sell and transport the prescription drug Adderall without authorization. However, if you try to sell the drug to someone else, you will face another criminal charge in the State. It is illegal for individuals to sell prescription drugs without a valid license to write prescriptions. Additionally, it is illegal to give or distribute prescription drugs without a valid license.
The reason for this has to do with the dangers associated with Adderall. One of the main dangers associated with Adderall is the potential for abuse and dependency. People who obtain the drug for purposes not traditionally ascribed to the drug may tend to overuse the drug for competitive purposes. Obviously this is considered to be very dangerous, due to the fact that such use can place the drug outside of proper dosage and administration guidelines.
Adderall is associated with various side effects, which may be worsened under conditions of abuse. As with any amphetamine-based drug, common side effects include insomnia, headache, weight loss, loss of appetite, and stomach issues. Less common but more serious side effects may include:
- Heart attack and heart problems, such as arrhythmia;
- High blood pressure and/or hypertension;
- Lack of physical coordination and various other nervous twitch-disorders; and
Additionally, while Adderall has been prescribed for depression and other psychological symptoms, the drug has been linked to an aggravation of psychological symptoms. Some examples of this include, but may not be limited to:
- Mood swings;
- Aggressive behavior;
- Mania and/or psychosis; and
What Is The Charge for Selling Adderall? What Does Intent to Sell Refer to in This Adderall Charge?
The charge for selling Adderall is generally called possession of Adderall for Sale. Under California law, it is unlawful to possess Adderall in a usable amount with the intent to sell. In order to prosecute someone who has been accused of selling Adderall, a prosecutor needs to prove beyond a reasonable doubt that:
- The defendant illegally transported or sold a controlled substance;
- The defendant was aware of the presence of the controlled substance;
- The defendant was aware of the fact that the controlled substance was Adderall;
- The controlled substance was actually, in fact, Adderall; and
- The Adderall in possession was in a usable amount, as in, not simply a trace amount of the drug.
California defines a usable amount as being enough of the pills to be used by someone as a controlled substance. The actual amount does not need to be a usable amount by a specific user; however, debris or traces of Adderall do not constitute a usable amount.
In an Adderall charge, intent to sell refers to the defendant intending to receive something of value for the Adderall pills being offered to someone else. Something of value generally refers to anything ranging from money or food, to services and goods.
The charge for selling Adderall is not the same charge as trafficking Adderall. The intent to traffic refers to more than just selling Adderall. Trafficking is considered to be a much more serious charge, and may occur when a defendant is accused of:
- Delivering; and/or
- Selling Adderall.
What Is the Sentence for Adderall Possession with the Intent to Sell?
Generally speaking, drug distribution is a felony charge, although this varies based on jurisdiction. A felony is a serious offense punishable by at least one year in state or federal prison. Possessing Adderall with intent to sell is a felony, and in California, the legal consequences of selling Adderall include a criminal sentence of two to four years in state prison.
Drug distribution penalties will vary based on the type of drug, as well as the amount of drug. The illegal distribution of Schedule I controlled substances is punished more harshly than the illegal distribution of Schedule V controlled substances. Additionally, larger amounts of drugs are punished more harshly than smaller amounts.
Drug distribution penalties generally come with periods of incarceration, which can range from one year to ten years in prison. Additionally, criminal fines may be ordered that can range from $100 to $10,000.
Penalties can be heightened or enhanced if certain aggravating factors are present. Some examples of aggravating factors include, but may not be limited to:
- Prior drug arrest history;
- Sale of drugs to a minor, or on school grounds;
- Distribution while armed;
- If children were involved at any point during the distribution process; and/or
- The classification of the drug being distributed, as previously mentioned.
Drug distribution cases often involve civil forfeiture of assets. In civil forfeiture of assets, the state, federal agency, or municipality responsible for prosecution will be allowed to permanently seize assets associated with the crime of distribution. This can include:
- Monetary proceeds from drug distribution;
- Buildings used as grow houses; and/or
- Vehicles used to transport the drugs.
Are There Strong Defenses I Can Use to Fight an Adderall Possession with the Intent to Sale Charge?
The most common defense a person could use to fight an Adderall Possession with the Intent to Sell charge would be that there was no actual intent to sell. As it is on the prosecutor to prove that the defendant intended to sell the Adderall to the plaintiff, there will need to be sufficient evidence of that intent. If there is not, the defendant could use that as their defense to the charge.
Other examples of various drug crime defenses include:
- Unwitting possession;
- Illegal search and seizure;
- Police abuse of power; and
- Legal use.
Should I Contact a Lawyer to Represent Me in My Adderall Charge?
If you live in California and you are facing Adderall charges, you should immediately consult with a skilled and knowledgeable California drug lawyer. An experienced and local criminal lawyer will have a thorough understanding of California drug laws, and will be able to determine what legal defenses may be available to you based on the specifics of your case. Additionally, a criminal defense attorney will also be able to represent you in court as needed while protecting your rights.