First launched in 1963, Valium has been prescribed to help people with anxiety disorders as well as short-term relief from anxiety symptoms. But Valium does get abused by those with prescriptions as well as those without. Therefore, read more below about the legal consequences of having Valium (diazepam) either without a prescription or by abusing it in a way that is not intended.
Valium (diazepam) is classified by the federal government through the DEA as a Schedule IV controlled substance. This is because it has been found to have properties that show potential for abuse as well as risk dependence in some people. Accordingly, in California under the Health and Safety Code, Valium (diazepam) possession is a misdemeanor when either possessing it without a prescription or for abusing its use. Health & Safety §11057(d)(9).
Valium (diazepam) possession can carry up to a year in county jail (before Proposition 47, it would be a felony). Luckily, there are options for people facing this charge depending on their case facts and their criminal history.
Not all Valium (diazepam) possession cases end up with jail sentences. Many individuals can qualify for a local drug diversion program that allows a person to avoid heavy probation costs, jail time, and preserve their criminal records from haunting them down the road. To determine whether someone can get into such a program will depend on many issues. To best find out if you or someone will qualify, it is highly recommended you seek counsel from an experienced drug defense attorney in the area where the court will hear the case.
Since Valium comes in a pill form, it can fit into any imaginable area. Therefore, there can be countless ways of being found with it. Some individuals have been arrested while being under the influence of the prescription pill they take. The reason or that is sometimes obvious—the people they come into contact with will not know how to respond to erratic behavior or actions that are not in line with that person’s character. Other’s will have the unfortunate experience of driving while under the influence of the medication they take. This impairment can be magnified if taken in conjunction with alcohol. Therefore, an ordinary DUI investigation can quickly turn into a full-blown car search for prescription medication if the officer has probable cause to believe the behaviors of the driver are an indication of medication abuse.
To avoid the confusion and fear that usually goes with facing serious criminal charges, it’s truly best practices to consult with an attorney that is familiar with the area of law you are dealing with. In this case, an experienced defense attorney with knowledge of the laws of prescription medications would be a great start to discovering your options and what to do from now on. Contact us to schedule an appointment with an attorney to have your case evaluated for free.