Oxycodone is a potent pain medication. It is also a controlled substance in California. Despite having valid medical applications, the DEA has classified it as a Schedule II substance due to its significant potential for misuse and dependence. Stricter laws governing the prescription of opioids have resulted from the opioid epidemic, which highlighted these hazards.
It is against the law to possess oxycodone without a valid prescription, according to Health and Safety Code Section 11350. All banned substances are subject to this law, which carries heavy fines and jail time as punishment for breaking it. There are, however, some exceptions, like when you have oxycodone and have the prescription holder's express permission to transport it or dispose of it legally.
Understanding OxyContin
In 1916, chemists extracted the alkaloid thebaine from opium poppies to create oxycodone. Following its introduction into medicine, this semi-synthetic opioid proved to be a more effective analgesic. But like all opioids, it carried the same inherent risk of dependence.
The introduction of OxyContin by Purdue Pharma in the 1990s was a crucial turning point in the history of oxycodone in the late 20th century. This brand-named oxycodone formulation was intended for controlled release. OxyContin offered long-lasting pain relief over 12 hours, in contrast to conventional oxycodone, which required frequent dosage. This innovation, achieved through a controlled-release mechanism within the pill, significantly benefited chronic pain patients.
However, there was a risk associated with the extended-release function, which offered improved pain control. The euphoric properties of OxyContin pose a risk for misuse, and Purdue Pharma's controversial marketing practices led to the opioid crisis in the country.
What are the Effects of OxyContin that Make it a Controlled Substance?
Several critical factors contribute to OxyContin's status as a controlled substance.
- High potential for addiction and dependence — Similar to other opioids, OxyContin causes both pain relief and euphoria by interacting with the brain's reward system. This could lead to compulsive drug use and dependence, necessitating higher dosages to achieve the desired result.
- Potential for abuse and misuse — There is potential for misuse of the extended-release function, which is intended to provide long-term pain relief. OxyContin can produce a faster and more potent high when crushed, snorted, or injected, which greatly raises the danger of overdosage. OxyContin overdoses claim so many lives.
- Risk of respiratory depression — OxyContin could result in respiratory depression, which could be fatal. The medication can cause breathing to slow down, which, if not treated right away, could be fatal. This danger is especially concerning for people who already have respiratory conditions or who use OxyContin in combination with other depressants like alcohol or benzodiazepines.
- Serious side effects — Beyond just relieving pain, OxyContin can have several unsettling side effects. Constipation, nausea, fatigue, and cognitive decline are a few of these. When these side effects are severe, they can significantly negatively influence a person's daily activities and general health.
While OxyContin, when taken appropriately and under a doctor's supervision, can be useful for managing moderate to severe pain, its propensity for abuse and dangerous adverse effects makes its use safe and responsible and requires stringent control.
Unlike traditional medications requiring frequent dosing, OxyContin provides sustained relief with a single pill, significantly improving patient adherence. However, the drug also had an unexpected side effect.
The human body becomes tolerant to opioids, including OxyContin, over time. With repeated use, a dose initially helpful in treating pain may no longer be so. The controlled-release pill's gradual delivery of medication could not be enough to control pain as tolerance increases.
This is more than just a physical pain. Like other opioids, OxyContin affects the brain's reward system to provide both pain relief and exhilaration. Some users could develop a stronger craving for the drug's euphoric effects as their tolerance to pain relief increases. This desire could serve as a strong incentive for abuse. Some users could alter the medication, crushing tablets, for example, to overcome tolerance or satisfy urges. This greatly increases the risk of overdosing. This results in a quicker and more intense high. Some users feel pressured to alter the medicine because of the controlled-release mechanism, which was meant to provide better pain relief and convenience.
Potential Dangers Associated With the Different Methods People Use to Take Oxycontin
OxyContin is intended for oral consumption as prescribed by a doctor. However, some people abuse OxyContin by using risky techniques that can result in overdose, addiction, and other health issues. These detrimental behaviors are as follows:
- Intravenous (IV) injection — You can avoid the digestive tract by dissolving and injecting whole or crushed OxyContin straight into your bloodstream. This technique produces an intense, quick high that significantly raises the danger of infection and overdose. Furthermore, there is a significant chance of developing serious diseases while injecting non-sterile chemicals.
- Transnasal or snorting — OxyContin's controlled-release mechanism is destroyed when it is crushed and snorted, producing a quicker, more potent high. This procedure could irritate your nasal passages and introduce dangerous fillers into your lungs, which may result in respiratory issues.
- Inhaling — Breathing in crushed OxyContin is especially dangerous and can seriously harm your lungs. You should not inhale the fillers or other inactive substances in the pills as they can cause irritation or scarring to your lung tissue.
California Law on OxyContin
The legal possession of OxyContin is contingent upon possessing a valid prescription. Possession refers to more than just physically holding the drug. It could also include:
- Keeping OxyContin tablets on your person or hiding them in a car or house.
- Managing OxyContin prescribed to another individual without that person's consent or knowledge.
However, if you have a legitimate prescription from an authorized medical practitioner, you can lawfully possess it.
You could face misdemeanor charges for violating Health and Safety Code Section 11350. You risk facing the following penalties if the courts find you guilty of the crime:
- If this is your first offense, you could spend up to a year in county jail.
- The court could impose a more significant fine, but you could receive one of at least $1,000.
The court could occasionally provide you with alternatives to jail time, such as:
- Probation — Rehab is one of the conditions of probation. It could involve community service or drug treatment requirements.
- Drug diversion programs — You can avoid prosecution if you are eligible and complete a drug treatment program.
The severity of your sentence may vary depending on several factors. You could be charged with a felony in certain circumstances, including:
You Have Prior Convictions for a Violent or Serious Felony
In California, having OxyContin without a prescription is usually a misdemeanor. It is possible to convert this charge to a felony if you have a history of severe or significant felonies.
The seriousness of your prior conviction affects how likely you are to face felonies. According to Penal Code 667.5(c), severe felonies that are not violent, like grand theft auto, are less serious than violent ones, including assault with a dangerous weapon. This differentiation reflects the higher chance of recidivism and possible risks that come with violent offenses.
The particulars surrounding your OxyContin possession acquisition also play a role in the prosecutor's choice. An increased likelihood of a felony prosecution arises if your present offense seems related to your previous felony. For example, a prior conviction for drug trafficking and the subsequent discovery of a significant quantity of OxyContin indicate a return to drug activity and may result in a more severe prosecution.
For sentence purposes, violent felonies are different from severe crimes. According to PC 667.5(c), violent felonies are offenses that directly include violence or the threat of violence against another person. However, serious felonies are a broader category that includes crimes that may or may not involve the use of violence. Examples include grand theft auto, embezzlement, and some drug-related crimes.
Offenses classified as "violent felonies" under Penal Code 667.5 have a substantial impact on sentencing selections. Examples listed in PC 667.5(c) consist of:
- Murder or voluntary manslaughter
- Arson
- Mayhem, which is intentionally inflicting permanent injury)
- Rape
- Sodomy and oral copulation under certain circumstances
- Robbery
- Lewd acts on a child under 14
- Felonies punishable by death or life imprisonment
- Felonies involving firearms
- Certain types of kidnapping
- Assault with intent to commit a specific felony
You are a Registered Sex Offender
If you are on the California sex offender registry and have a history of sexual misdeeds, the situation becomes considerably worse. In this instance, regardless of the amount, having OxyContin without a prescription usually results in the offense being considered a felony. Prosecutors prefer felony charges because they aim to address worries about sexual offenders' impact on public safety as well as the possibility that drug use could exacerbate these dangers.
Possession of a Significant Quantity of OxyContin
The amount of OxyContin you possess has a big impact on what charges the prosecutor will bring. Having a significant quantity, especially without a prescription, raises the possibility of distribution or sale, which are crimes. Someone found in possession of hundreds of OxyContin pills, for instance, is treated with greater suspicion than someone who just has a small number for personal use.
Large amounts of OxyContin might be cause for concern for prosecutors as they may indicate possible distribution. However, suspicion does not equate to guilt.
Documentation is essential if you hold a substantial amount of OxyContin for a legitimate reason. This can show legitimate intent. The documentation includes:
- Valid prescriptions — If a licensed doctor writes a valid prescription, it dispels suspicions of illicit activities. This is particularly true when it comes to chronic pain management, which calls for a higher quantity. It unequivocally demonstrates a valid medical need.
- Supporting medical records — You can support your claim of personal use with medical records that show a chronic ailment that requires a high OxyContin dosage. These offer unbiased evidence of your medical condition, making it more difficult for the prosecution to contest your prescription's need.
- Medical practitioner Credentials — Showing your credentials and permissions allays suspicions if you are a licensed medical practitioner, like, a doctor or pharmacist, with the authority to handle OxyContin
Recall that the prosecution has the burden of proof. A high quantity could indicate possible distribution. However, the prosecution must show that your intent was clear and unmistakable. Your evidence may cast doubt on their case, which could result in reduced charges or a dismissal.
Possession of OxyContin for Sale
Under HS 11351, OxyContin sales are subject to strict regulations. This law focuses on the illegal possession, procurement, and sale of prohibited narcotics, including OxyContin. According to this code, selling OxyContin without a prescription or proper license is a felony. The purpose of this law is to safeguard public safety and fight the illegal drug trade.
In addition to dealing with illicit distribution on the streets, HS 11351 also covers it in professional settings. For example, you may be charged under this law if you are a physician who prescribes OxyContin outside the accepted parameters of your medical practice. Only authorized professionals and legitimate medical purposes may prescribe prohibited medications like OxyContin, according to HS 11351.
The illegal possession of any controlled substance for sale, including OxyContin, is punishable by severe consequences under HS 11351. There are severe repercussions for a conviction under this law, including:
- Imprisonment — The length of your prison stay will depend on the details of your case, including the quantity of OxyContin involved and any past criminal activity. The maximum sentence for county jail is two to four years.
- Significant fines — Penalties for convictions are frequently severe, sometimes exceeding $20,000.
- Probation with conditions — The court could decide to use probation rather than jail in specific circumstances. However, there is a good chance this probation will come with stringent requirements, like mandated drug treatment programs.
Conviction for a felony under HS 11351 carries consequences that go beyond the short term. It could seriously hinder your chances of landing a job, finding a place to live, and getting several professional licenses.
Federal Charges for OxyContin
Since larger drug trafficking organizations are the focus of federal law enforcement, simple possession of OxyContin usually falls within state jurisdiction. Nonetheless, the following situations would result in you facing federal charges:
- Large quantities — Under the Controlled Substances Act (CSA), federal authorities could investigate if you are in possession of a substantial amount of OxyContin, even if you do not intend to sell it. Large amounts imply the possibility of interstate distribution, which is illegal under federal law.
- Crossing state lines — Federal charges under the CSA could arise from the transportation of any quantity of OxyContin across state boundaries, even for personal use.
- Manufacturing or distribution — Federal law enforcement will become involved if you produce or distribute OxyContin. Even when these situations occur within a single state, the CSA expressly covers the manufacturing and distribution of restricted substances.
Title 21 of the U.S. Code, or the Controlled Substances Act, is the primary federal legislation on OxyContin. Unless received directly from a registered medical professional or with a valid prescription, Section 844 of the Controlled Substances Act forbids the possession of controlled narcotics like OxyContin. This section mainly pertains to situations where there is a demonstrable intent to distribute the drug in large amounts.
There are severe consequences for violating Section 844 of the Controlled Substances Act (CSA) concerning OxyContin (oxycodone). However, the severity of the penalties depends on several important factors:
- Quantity — A critical factor is the quantity of OxyContin used. The potential for misuse and dependence is the basis for the CSA's scheduling of prohibited substances. Greater doses of OxyContin, a Schedule II substance, are punishable by more severe consequences.
- Intent to distribute — This is a crucial consideration. Penalties for personal use are less severe than those for possession with the intention of selling.
- Criminal history — Sentences for prior drug offenses may be more severe.
Possible Penalties
For the first violation, simple possession of a small quantity of OxyContin for personal use carries the following penalties:
- Up to a year in jail
- A fine of at least $1,000
For possession with intent to distribute, the penalties increase if the amount or additional evidence points to a desire to distribute:
Mandatory minimum penalties are dependent on OxyContin dosage, with maximum terms of 40 years in prison and fines of up to $5,000.
Find a Criminal Defense Attorney Near Me
When used appropriately and under a doctor's supervision, OxyContin provides significant relief for people suffering from chronic pain. However, its potential for misuse and addiction necessitates a clear understanding of the legal implications surrounding OxyContin.
OxyContin's propensity for abuse leads to its classification as a restricted substance. Because of this, there are strict laws governing its possession and sale to stop abuse and addiction. It is not a good idea to handle the legal system's intricacies by yourself if you are facing criminal charges in Van Nuys due to OxyContin use.
An accomplished criminal defense lawyer could be your most valuable ally in an OxyContin case. At Leah Legal, we will thoroughly examine the particulars of your case. Our team will determine viable defenses in light of the facts and California law and vigorously work to achieve the best result. Even seemingly insignificant transgressions can have long-term effects. Call us today at 818-484-1100.