Adderall is a prescription drug to treat attention deficiency hyperactivity disorder (ADHD) and attention deficiency disorder (ADD). But without a valid prescription, Adderall is considered a schedule II controlled substance. It’s unlawful to possess Adderall without a valid prescription.
What Does the State Have to Prove to Convict Me of Adderall Possession?
The state must prove five things:
- The defendant unlawfully possessed a controlled substance
- The defendant knew about the controlled substance’s presence
- The defendant knew the substance was Adderall
- The substance was Adderall
- Adderall was in a usable amount
What Does Unlawful Possession Mean?
Unlawful refers to not having a valid prescription. Possession refers to the fact that the defendant has control over the drug. Having “control” has two meanings. The first meaning actual possession. This occurs when a person has it on their person. Constructive possession means the person has it in an area they have access.
What Is Shared Possession?
Shared possession of Adderall refers to the defendant and at least one person sharing constructive or actual possession. For example, the defendant and spouse are both carrying Adderall or when the Adderall is found in a place the defendant and other person share.
What is the Punishment for Adderall Possession?
Adderall possession is a misdemeanor. The defendant can be sentenced to approximately 364 days in county jail and face a fine.
Should I Contact a Criminal Lawyer about My Adderall Possession Charge?
Yes. To fight an Adderall possession charge, contact a California criminal lawyer. The attorney will inform you about your defenses and how to possibly beat the charge.