Ritalin (also known as methylphenidate) is an extremely common medication prescribed for children and adults with ADHD. While it is perfectly legal to possess with a proper doctor’s prescription, possession of Ritalin in quantities greater than needed for personal use or in bottles without the authorized patient’s name may be punishable by law.
If you are reading this, chances are you have been charged with one or more of the following offenses:
- Possession of Ritalin without a doctor’s prescription
- Possession of Ritalin for sale (with quantities greater than needed for personal use)
- Transportation of Ritalin with intent to sell
Possession of Ritalin
To prove possession of Ritalin, the prosecutor must show:
- The person charged doesn’t have a doctor’s prescription
- The person charged was in possession or in control of the Ritalin
Possession of Ritalin for Sale
To determine possession for sale, police will look at whether there is evidence of sales. Examples of this commonly include:
- Quantity that is more than for personal use
- Separately packaged pills
- Multiple cell phones
- Sales records (commonly called “pay and owes”)
Transportation of Ritalin
In order to prove illegal transportation of Ritalin, the prosecutor must prove:
- Large quantity found in a motor vehicle or a person seen leaving a motor vehicle
- Driver or car registered from out-of-state or long-distance within California
- Surveillance or information from an informant that someone came from out-of-state
How a Ritalin Defense Attorney Can Help
Possession of Ritalin is punishable as either a felony or misdemeanor. As a misdemeanor, the punishment may be up to one year in county jail. As a felony, punishment may range from 16 months to three years in state prison. Charges of possession may be eligible for Deferred Entry of Judgment (DEJ) or a drug diversion program. However, charges of possession for sale (H&S 11378) are not eligible for DEJ or drug diversion. To ensure you receive fair consideration of your charges and justified resolution, contact a Ritalin defense attorney.
Many people charged with Ritalin possession have never been in trouble with the law before. Police are cracking down on students that use the drug to work late at a job or stay up and study for exams. As such, the severity of the charges may seem frightening and confusing. At the Law Offices of Jerod Gunsberg, we understand the difference between abuse of recreational drugs and using Ritalin to study, even if the police make no distinction. It is important to have a lawyer on your side who understands the pressures of work and school and can work with prosecutors to resolve these cases.
Mr. Gunsberg leverages local expertise and detailed knowledge of the law to thoroughly review police searches and seizures of client property that were conducted with or without a warrant. He is able to provide a practical, tailored defense based on our extensive experience in Los Angeles courthouses and familiarity with prosecutor’s offices. If you have a problem abusing Ritalin, Mr. Gunsberg can help keep you out of jail and find an appropriate treatment program.
If you are charged with Ritalin possession, Ritalin possession for sale, transportation of Ritalin or a related criminal drug offense, call Ritalin and prescription drug defense attorney Jerod Gunsberg in Los Angeles at (323) 633-3423 for a free and confidential consultation about your case or get in touch via the secure contact form on this page. Help is available 24 hours a day, 7 days a week.