The Juvenile Charges for Selling Adderall

By San Diego Attorney on December 30, 2020

Despite its widespread use as a prescription medication for a variety of mental health conditions, Adderall is considered a Schedule II drug in the state of California. Possessing or using Adderall without a prescription can lead to serious drug charges for adults, and there are still significant consequences for minors. As this drug is prescribed for young adults with ADHD and can be abused as a study aid, it is not uncommon for juvenile offenders to illegally buy or sell the drug for quick cash to fellow students. Any of these actions can drastically impact their future.

Charges for Selling Adderall

The illegal distribution of a controlled substance can result in a charge of intent to sell under California Health and Safety Code 11351. Based on this law, a California criminal court can impose strict fines, lengthy prison sentences, and additional felony penalties for cases involving prescription drugs. Because Adderall is seen by many as a study aid, these cases often involve young adults who need help preparing for SAT or ACT exams or college students during mid-terms or final exams. However, the courts rarely look at the reason behind the charges and will focus on the laws regarding the sale of prescription drugs.

In order for a prosecutor to pursue an intent to sell charge, they must demonstrate that you intended to sell Adderall to another person in return for property, money, food, or services. These cases rely heavily on the number of drugs found in your possession, as the prosecution must show that you had enough usable drugs to sell. For small amounts of Adderall, defendants may only be charged with possession if they did not have a prescription.

Juvenile Intent to Sell Cases

With juveniles under the age of 18, the process is slightly different. Typically, juveniles who are charged with intent to sell Adderall will be tried in a juvenile court instead of the adult criminal justice system. The juvenile delinquent system is focused heavily on rehabilitation and diversion programs. The court will look at a minor’s juvenile record, the number of drugs they allegedly tried to sell, their perception of the crime, and other factors when making a decision regarding punishments. These may include maintaining a curfew, a drug treatment program, counseling, community service, and probation. In addition, it may be possible to have the charges reduced to juvenile drug possession, which will come with an even lighter punishment.

Juvenile defendants who are under the age of 14 are tried in a juvenile court. However, each defendant between the ages of 14 and 17 years old must attend a fitness hearing where the court will determine if they will be charged as a juvenile or an adult. The court may still lean toward “juvenile” if the defendant has no prior record; but if the case involves aggravating factors, then it is possible for the minor to be tried as an adult for selling Adderall.

Aggravating factors can include a lack of remorse for the crime, the intent to distribute large quantities of Adderall, or selling Adderall to at-risk groups, such as outside a drug treatment program, homeless shelter, at a school, or to another minor. If the juvenile has a prior drug conviction and the courts have already attempted to rehabilitate him, then it is likely that he will be charged as an adult. This can lead to a prison sentence, hefty fines, and a criminal record that can follow him for the rest of his life.

In any situation, minors deserve the right to defend themselves against serious charges, and parents should not hesitate to reach out to a skilled and experienced San Diego drug crime defense attorney for legal guidance. At jD LAW, our lead defense lawyer is a former LAPD investigator and a drug recognition expert. He can thoroughly review your case, speak to witnesses, build a strong defense strategy, negotiate with the district attorney, and advocate for your child’s best interests in a juvenile or criminal court. If your child has been charged with intent to sell Adderall, contact our office today at (760) 630-2000 and let us fight for his or her rights.