Possessing a prescription drug such as Adderall is illegal if the defendant doesn't have a valid prescription. Another type of prescription drug crime in California involves possessing Adderall and a firearm at the same time.
For a conviction, a prosecutor needs to prove beyond a reasonable doubt the defendant:
California defines a firearm for this offense as any type of device made to use as a weapon. The weapon must have a projectile discharged with a barrel, such as a bullet.
A defendant doesn’t have to have knowledge of the firearm being operable or loaded. Instead, the State puts the responsibility on the defendant to check and to see if the firearm was loaded or not loaded.
The charge of possessing Adderall and a firearm carries the possible punishment of two to four years in state prison.
Yes. The charge involves the unlawful possession of Adderall. This means the defendant didn’t have a valid prescription to have the drug. If the possession of Adderall was legal, then the charge does not apply.
Yes. It’s important to have legal representation regarding any type of drug and/or firearm charge. Contact a criminal lawyer to help you.
Last Modified: 05-13-2016 10:15 AM PDTLaw Library Disclaimer
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