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California Laws for Heroin, Fentanyl, and Other Opioids

California takes a strict approach to managing controlled substances. This reflects the commitment of the state to minimize illegal drug use while balancing it with medical necessity.

This article offers an overview of drug regulations in California. It also features drug schedules and the penalties for illegal possession and sale of these substances.

Opioid Crisis in California

The opioid crisis in California escalated into a public health emergency as the state saw a 121% increase in opioid-related deaths from the year 2019 to 2021. In 2021 alone, the state recorded 10,989 deaths caused by drug overdose. Opioids account for two-thirds of these deaths, with fentanyl implicated in 5,951 deaths. In 2022, opioids caused over 7,000 fatalities, and fentanyl caused 87% of those deaths.

Fentanyl is a synthetic opioid known for its potency. It poses substantial harm even in small amounts, increasing the danger of overdoses. The state has also seen increased use of other opiates. These substances include cocaine, methamphetamine, and benzodiazepines. The crisis affects various age groups, but a particular impact is seen among young adults ages 25 to 34.

In response to this crisis, California enacted legislation and implemented strategies to fight the epidemic. Included among these efforts is increasing public education about the harm that opioid causes. The state also enhanced the availability of naloxone, a medication that reverses opioid overdose. Despite these efforts, there has been a persistent rise in deaths caused by drug overdose. These numbers highlight the need for action and intervention to address the needs of affected communities.

Understanding California’s Drug Schedules

The state of California categorizes controlled substances into five drug schedules. Like other states, Schedule I are substances that have the risk of addiction and drug overdose with no accepted medical use. Meanwhile, Schedule V substances are those that have the least potential for drug abuse and have accepted medical use. Learning about these drug schedules is crucial as it directly affects law enforcement and the drug charges associated with them.

The following are some of the examples of controlled substances that fall into these drug schedules:

Schedule I

  • Heroin
  • LSD (lysergic acid diethylamide)
  • Cannabis
  • MDMA (Ecstacy)
  • Peyote
  • Psilocybin

Schedule II

  • Methamphetamine
  • Cocaine
  • Oxycodone
  • Morphine
  • Fentanyl
  • Hydrocodone
  • Amphetamine
  • Methadone

Schedule III

  • Ketamine
  • Codeine (lower doses found in combination products)
  • Anabolic steroids (such as testosterone)

Schedule IV

  • Alprazolam (Xanax)
  • Lorazepam (Ativan)
  • Zolpidem (Ambien)
  • Diazepam (Valium)
  • Clonazepam (Klonopin)
  • Tramadol

Schedule V

  • Buprenorphine
  • Cough medications with less than 200 milligrams of codeine per 100 millimeters

What Are the Penalties for Illegal Possession of Controlled Substances in California?

Those found guilty of illegal possession of a controlled substance may face misdemeanor or felony charges. This drug category includes substances such as heroin, opiates, and morphine, together with other stimulants such as methamphetamine and hallucinogens.

The misdemeanor criminal charge could escalate to a felony if aggravating factors exist. Aggravating factors may include a person’s prior conviction of committing serious or violent felonies or if the person is a registered sex offender.

The maximum penalty for misdemeanor charges is 364 days in prison sentence. Felony convictions could result in up to 16 months, two years, or three years of jail time. A felony charge could also include a fine ranging from $1,000 to $2,000.

But for substances such as Xanax, Valium, Ativan, and similar medications, drug possession could result in misdemeanor charges. The charge could involve up to six months of imprisonment and fines of up to $1,000.

Meanwhile, for possession of marijuana or concentrated cannabis, the penalty may depend on the amount of drugs involved. In California, those 21 and older can have up to 28.5 grams of marijuana and 8 grams of concentrated cannabis. Possession of amounts above these limits is punishable by six months of jail time and a $500 fine.

California’s Drug Diversion Program

California’s Penal Code allows eligible offenders to complete a pretrial drug diversion program. This program is available for those convicted of simple possession of a controlled substance for personal use. It allows nonviolent drug offenders to go through education and treatment programs instead of jail time. After the offender completes a drug diversion, the court dismisses the simple possession charges, leaving the offender with no criminal record.

What Are the Penalties for the Illegal Sale of Controlled Substances in California?

California Health and Safety Code Section 11352 contains the penalties for the sale or trafficking of controlled substances in California.

For the illegal sale or trafficking of controlled substances, a person could face a penalty of imprisonment of three, four, or five years.

But if a person takes a controlled substance from one county to another noncontiguous county, the penalty increases. In this case, the drug sale charges could result in three, six, or nine years of imprisonment.

Note that the term “sale” or “drug trafficking” includes the following activities:

  • Transporting
  • Importing
  • Selling
  • Administering
  • Furnishing
  • Giving away

If you want to learn more about the penalties associated with possession or sale of controlled substances in California, you may visit a drug crime attorney.

Recent Legislation in California Related to Opioids

To strengthen the fight against the opioid crisis in California, Gov. Gavin Newsom launched a new website called Opioids.CA.gov. This site serves as a comprehensive source of information related to opioid data, treatment, prevention, and support. Besides this digital platform, California also invested in local organizations that target helping populations gain more access to drug treatment, particularly communities with high risk of drug overdose.

The state also takes action against increasing threats, such as the illegal trafficking of xylazine, also known as “tranq.” A new law aims to classify this veterinary tranquilizer as a controlled substance. This move aims to reduce its illegal use while keeping its legal access for veterinary purposes.

Other legislation related to address opioid issues are as follows:

AB 2256 and AB 2760. These laws made it easier for pharmacists to have access to naloxone, an antidote for drug overdose. AB 2760 requires patients get opioid prescriptions to have prescription drugs for reversal of overdose.

SB 1109. The Medical Practice Act requires continuing education for physicians and surgeons about the risk of addiction related to the use of controlled substances under Schedule II.

These steps reflect the multi-layered strategy of California in addressing the opioid crisis in the state. The move focuses on stringent control, prevention, and improvement of public health interventions.

Related Resources

For more information related to this topic, you can click on the following links:

Seek Legal Advice from a Criminal Defense Attorney

If you or someone you know is facing opioid, fentanyl, or heroin-related drug charges, consult with a criminal defense lawyer. These criminal defense attorneys can provide the legal defense you need to protect your rights. They can also guide you through the intricacies of criminal law that can affect the charges against you and help you understand the related crimes these drug charges can cause.

Find a criminal defense attorney in California to represent your case in drug court. Whether in Los Angeles or San Diego, you can contact law offices specializing in drug crimes for legal advice.

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