While Schedule IV drugs are legally prescribed and considered to have a lower potential for abuse compared to higher-schedule substances, being caught with them outside of proper medical use can still result in serious criminal charges in California. Whether it’s clonazepam, Valium, Ativan, or another tranquilizer or sedative, possession or distribution without a prescription can carry life-altering consequences.
At Simmons Wagner, LLP, we represent individuals across Southern California who are facing prescription drug-related charges. If you’ve been arrested for a Schedule IV drug offense, here’s what you need to know—and why having an experienced legal advocate can make all the difference.
What Are Schedule IV Drugs?
Under both federal and California law, Schedule IV drugs are controlled substances that:
- Have accepted medical uses
- Are considered to have a relatively low potential for abuse
- May still lead to limited physical or psychological dependence
Examples include:
- Clonazepam (Klonopin)
- Diazepam (Valium)
- Alprazolam (Xanax)
- Lorazepam (Ativan)
- Tramadol
Although these medications are legal with a valid prescription, possessing them without one or distributing them to others can trigger criminal prosecution.
Common Charges Related to Schedule IV Drugs
Depending on the circumstances, you may be charged with:
1. Possession Without a Prescription
Simple possession is usually charged under California Health & Safety Code § 11350(a). If it’s your first offense, it may be filed as a misdemeanor.
Potential penalties:
- Up to 1 year in county jail
- Fines up to $1,000
- Mandatory drug counseling
- Probation or diversion programs in some cases
2. Possession for Sale
If law enforcement finds large quantities, packaging materials, or communications suggesting sales, you could be charged under Health & Safety Code § 11351, even without direct evidence of an actual transaction.
Penalties include:
- 2 to 4 years in state prison
- Substantial fines
- A permanent felony record
3. Unlawful Prescription Fraud or Forgery
Obtaining Schedule IV drugs through fraudulent prescriptions or impersonating a doctor is also a criminal offense under Business & Professions Code § 4324 and other statutes.
Key Defenses Against Schedule IV Drug Charges
Being charged doesn’t mean you’re guilty. At Simmons Wagner, LLP, we assess every detail of your arrest to build the strongest possible defense. Common strategies include:
- Lack of Knowledge: You weren’t aware the drugs were in your possession (e.g., in a borrowed vehicle or shared space).
- Valid Prescription: You had a legal right to possess the medication but didn’t have the paperwork on hand.
- Illegal Search and Seizure: If police violated your Fourth Amendment rights during a stop, search, or arrest, evidence may be suppressed.
- Entrapment or Coercion: You were pressured into illegal conduct by law enforcement or another party.
In many cases, especially for first-time offenders, we can also pursue diversion programs, such as California’s PC 1000 or Prop 36, which may allow you to avoid a conviction altogether upon successful completion of treatment and probation.
Why You Need an Attorney Right Away
Even if you believe the charges are minor or a misunderstanding, Schedule IV drug cases can quickly escalate—especially if prosecutors believe you intended to distribute or falsified a prescription. Early intervention from a defense attorney can:
- Help reduce or dismiss charges
- Prevent incriminating statements
- Explore diversion or rehabilitation alternatives
- Protect your record, reputation, and career
At Simmons Wagner, LLP, we know how these cases are prosecuted—and how to fight them strategically and aggressively.
Arrested for a Prescription Drug Offense? Call (949) 439-5857 Today
If you’re facing charges involving Schedule IV substances in Southern California, don’t wait for the situation to get worse. Contact Simmons Wagner, LLP today for a confidential consultation. We’re here to protect your rights, fight for your future, and guide you through every step of the legal process.