Hydrocodone, a derivative of codeine, is legal with a prescription. It becomes a category II controlled substance when an individual has the drug without a valid prescription. In California, an individual can also be charged with possession of hydrocodone and gun possession.
What is Hydrocodone Possession?
Hydrocodone possession is defined as having the drug without having a valid prescription. A valid prescription is a prescription from someone who is legally authorized to write prescriptions. In California, punishment for hydrocodone possession is at least one year in county jail.
What is Gun Possession?
Gun possession is defined as carrying a gun without having permission. This means the individual has a gun without having a valid licensed.
How Does California Define Hydrocodone Possession while Having a Firearm?
The state defines it as a felony to have the drug while knowingly possessing a loaded, operable gun.
A loaded firearm is defined as the gun having a cartridge or shell in a position where it can be fired. If the shell or cartridge isn’t placed in that position, it’s not considered loaded.
What Does the State Have to Prove To Convict Me of Hydrocodone and Gun Possession?
It must prove the substance was actually hydrocodone, the defendant must have known it was the drug, and knowingly possess a gun. The possessed gun has to be operable and ready to fire.
What Is the Punishment for Possessing Hydrocodone and a Gun?
The punishment for possessing hydrocodone while armed can be two to four years in prison.
Should I Talk to a Criminal Lawyer about Having Hydrocodone while Possessing a Gun?
Yes. Talk to a California criminal lawyer regarding your possible defenses and how to fight your charge.