Here is a list of the most received charges in California for codeine crimes. Any of the following convictions may lead to being deported or removed from the country, regardless whether you immigrated legally or illegally.
California’s law on possession of a controlled substance (Health and Safety Code 11350 HS) states that it is prohibited to be in possession of codeine (as well as drugs such as heroin and cocaine) without a legal prescription. This law focuses only on possession for personal use.
Punishment for being convicted of violating this law is up to one year in jail and/or a fine of as much as $20,000 dollars.
Additional felony penalties of two to four years in jail will be given if you have been convicted of sex crimes that fits California’s sex offender registration requirement or if you have committed a felony such as murder, rape, sex crimes against a minor under fourteen, or gross vehicular manslaughter committed while intoxicated.
Some defendants of codeine crimes will be eligible for drug diversion programs in California, which will allow the defendant’s drug charges to be dropped if treatment is completed. Drug diversion programs include:
Under California’s law against possession/purchase of a controlled substance for sale (Health and Safety code 11351 HS), it is a crime to possess and/or purchase codeine to resell.
Punishment for conviction of violating this law is two to four years in jail and/or a maximum fine of $20,000.
No option for a drug diversion program will be offered for committing this violation.
John Murray, a San Bernardino Codeine Attorney states, “If your California drug crimes defense lawyer can convince the prosecutor or judge or jury that you only possessed codeine for your personal use–and that you had no intention of reselling it–your HS 11351 charge could be reduced to an 11350 charge for personal possession. This means much lighter penalties and, possibly, the chance to participate in a drug diversion program like Prop 36 or PC 1000 instead of going to jail.”
Violation of California’s law against the transportation and/or sale of a controlled substance (Health and Safety Code 11352) has the most severe penalties with three to five years in jail and a fine of as much as $20,000. However, if you are convicted of transporting codeine across more than two country lines to sell, you may receive as much as nine years in jail.
It should be noted as well that conviction of violating Health and Safety Code 11352 will not make you eligible for a drug diversion program.
Under California’s law against being under the influence of a controlled substance, it is illegal to be under the influence of codeine without a legal prescription or to be under the influence of codeine against the strict rules of the prescription.
To be convicted of this crime, you must have used an amount of codeine that can be detected. It does not matter if the codeine is straight or mixed with other ingredients that make cough syrup, Tylenol, etc.
This crime is considered a misdemeanor with the potential option for participation in a drug diversion program.
California’s law against driving under the influence of substances (Vehicle Code 23152(f) VC) prohibits being under the influence of codeine while driving.
Regardless of whether you are in possession of codeine legally or illegally, you can be charged with a DUI.
To be convicted of a codeine DUI, you must have taken enough to have impaired your ability to drive the way a sober, responsible driver would.
If you are prescribed codeine, it is your responsibility as a driver to learn how the drug affects you personally before you drive under the use of codeine.
For the first offense of driving under the influence of codeine, you will be charged with one or more of the following:
No drug diversion will be offered for this misdemeanor.
You may be defended against charges of California codeine crimes in any of the following ways:
Note that in order to defend that you used codeine legally, the following criteria must be met.
Though codeine is commonly used as a legal painkiller, it is also a controlled substance that is often illegally obtained and abused.
Unfortunately, as a result of codeine being used so much for legal medical purposes, many people become addicted to the sedative for a couple of reasons. Either they wish to continue experiencing the euphoria that the drug gives them, or they begin to use more of the drug than was originally prescribed to them due to the effectiveness wearing off.
Regardless of the reason one becomes addicted to codeine, it is a dangerous addiction that many people fall victim to and therefore is deserving of compassion.