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.
What Does the Prosecution Need to Show to Convict Me of Possessing a Firearm and Adderall at the Same Time?
For a conviction, a prosecutor needs to prove beyond a reasonable doubt the defendant:
- Unlawfully possessed a controlled substance
- Knew about the presence of the controlled substance
- Knew the controlled substance was Adderall
- Possessed the controlled substance called Adderall
- Possessed Adderall in a usable amount
- Possessed Adderall and had a loaded, operable firearm
- Knew the firearm was immediately available for use
How is “Firearm” Defined in California?
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.
What I Didn’t Know the Firearm Was Operable?
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.
What’s the Punishment for Possessing Adderall and a Firearm?
The charge of possessing Adderall and a firearm carries the possible punishment of two to four years in state prison.
Does It Matter If My Possession of Adderall is Legal?
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.
Do I Need a Lawyer to Fight This Adderall Drug Charge?
Yes. It’s important to have legal representation regarding any type of drug and/or firearm charge. Contact a California criminal lawyer to help you.