§ 11375 HS - Benzodiazepines
1. What is Benzodiazepines?
2. What are examples of Benzodiazepines?
Benzodiazepines (“benzos”) are a class of prescription medications commonly used to treat anxiety, insomnia, muscle spasms, and seizures. While they have legitimate medical uses, they also have a high potential for abuse, addiction, and illegal distribution, which is why California Health & Safety Code § 11375 HS regulates their possession and sale.
Below, we break down the most common benzodiazepines, their medical uses, and why they are often misused.
Commonly Prescribed Benzodiazepines
1. Alprazolam (Xanax)
Use: Treats anxiety and panic disorders
Why It’s Misused: Creates a calming effect, often abused for relaxation or euphoria
Street Names: Bars, Zannies, Xannies
2. Diazepam (Valium)
Use: Treats anxiety, muscle spasms, and seizures
Why It’s Misused: Can induce drowsiness and relaxation, often combined with alcohol
Street Names: V’s, Vallies, Blue Vs
3. Lorazepam (Ativan)
Use: Treats anxiety, insomnia, and seizures
Why It’s Misused: Quick-acting sedative effects, often taken in high doses
Street Names: Candy, Ativan
4. Clonazepam (Klonopin)
Use: Treats panic disorders and epilepsy
Why It’s Misused: Creates long-lasting sedative effects
Street Names: K-Pins, Super Valium
5. Temazepam (Restoril)
Use: Prescribed for insomnia
Why It’s Misused: Induces deep sleep but can cause amnesia and confusion
Street Names: Sleepers, Vitamin T
6. Midazolam (Versed)
Use: Used in hospitals for sedation before medical procedures
Why It’s Misused: Causes strong amnesia and relaxation
Street Names: Forget-Me Pill
7. Triazolam (Halcion)
Use: Short-term treatment for severe insomnia
Why It’s Misused: Fast-acting sedative effects, often mixed with alcohol
Street Names: Halc
Why Are Benzodiazepines Considered Dangerous?
Although benzodiazepines are legally prescribed, they can be highly addictive and dangerous when misused. Common risks include:
Overdose: Taking too much can slow breathing and lead to death, especially when mixed with opioids or alcohol.
Dependence & Withdrawal: Long-term use can lead to physical and psychological dependence, making it hard to stop.
Black Market Sales: Many people obtain benzodiazepines illegally, leading to arrests under § 11375 HS.
Benzodiazepines and the Law: § 11375 HS
In California, it is illegal to possess, sell, or distribute benzodiazepines without a prescription. Violating § 11375 HS can lead to misdemeanor or felony charges, depending on the circumstances.
Possession without a prescription: Misdemeanor, up to 1 year in jail and a $1,000 fine
Selling or distributing without a license: Can be charged as a felony, with up to 3 years in prison
If you are facing charges related to benzodiazepines, you need an experienced criminal defense attorney to protect your rights.
3. What are the penalties for Benzodiazepines?
Benzodiazepines, commonly known as “benzos,” are prescription drugs used to treat anxiety, seizures, and sleep disorders. However, due to their high potential for abuse, California Health & Safety Code § 11375 HS strictly regulates their possession, sale, and distribution.
If you are caught with benzodiazepines without a valid prescription, or you are accused of selling or distributing them illegally, you could face serious legal consequences. Below, we break down the potential criminal penalties and what they mean for your case.
Understanding § 11375 HS: Benzodiazepine Laws in California
Under § 11375 HS, it is illegal to:
✅ Possess benzodiazepines without a prescription
✅ Sell, distribute, or transport benzodiazepines without legal authorization
✅ Forge or alter prescriptions to obtain benzodiazepines
✅ Possess large quantities of benzodiazepines with intent to sell
Violations of this law can lead to misdemeanor or felony charges, depending on the specifics of the case.
Penalties for Possession of Benzodiazepines Without a Prescription
If you are caught possessing benzodiazepines without a valid prescription, you can be charged with simple possession under § 11375 HS.
📌 Misdemeanor Penalties for Simple Possession:
-
Up to 1 year in county jail
-
Fines up to $1,000
-
Probation
-
Possible drug diversion programs (for first-time offenders)
Note: First-time offenders may qualify for a drug treatment program instead of jail time under California’s Proposition 47.
Penalties for Selling or Distributing Benzodiazepines
Selling or possessing benzodiazepines with intent to sell is a more serious offense.
📌 Felony Penalties for Sales or Distribution:
-
16 months, 2 years, or 3 years in state prison
-
Fines up to $10,000
-
Felony probation (in some cases)
Factors that increase penalties:
-
Large quantities of benzodiazepines
-
Prior drug-related convictions
-
Selling to minors
Aggravating Factors That Can Increase Your Sentence
Certain circumstances can lead to harsher penalties, such as:
❌ Selling Benzodiazepines to a Minor: If you are caught selling to someone under 18, your sentence may increase significantly.
❌ Possession of Large Quantities: Large amounts of benzodiazepines suggest intent to distribute, leading to felony charges.
❌ Prior Drug Convictions: If you have a history of drug-related offenses, you may face longer prison terms.
❌ Driving Under the Influence of Benzodiazepines: If you are found driving while impaired by benzodiazepines, you could face DUI charges in addition to drug-related offenses.
4. What are legal defenses for Benzodiazepines?
California Health & Safety Code § 11375 HS makes it illegal to possess, sell, or distribute benzodiazepines (such as Xanax, Valium, and Ativan) without a valid prescription. If you are facing charges related to benzodiazepines, you may be able to challenge the case with a strong legal defense.
An experienced criminal defense attorney can help you fight these charges by arguing lack of intent, prescription legitimacy, unlawful search and seizure, and more. Below are some of the most effective legal defenses against benzodiazepine-related charges.
1. You Had a Valid Prescription
One of the strongest defenses is proving that you legally obtained the benzodiazepines with a valid prescription. If you were arrested for possession but you had a prescription from a licensed doctor, the charges may be dismissed.
✅ How to Prove It?
Medical records from your doctor
Prescription labels and pharmacy records
Testimony from your physician
If your attorney can show that the medication was prescribed and legally obtained, the prosecution will have no case against you.
2. You Were Unaware of the Benzodiazepines
Another defense is lack of knowledge—meaning you didn’t know you were in possession of benzodiazepines. This often happens when:
✔️ Someone else left the medication in your home or car without your knowledge
✔️ You borrowed a bag or vehicle that contained the drugs
✔️ The police found benzodiazepines near you, but they did not belong to you
In criminal cases, the prosecution must prove you knowingly possessed the drugs. If they cannot establish that you were aware of the benzodiazepines, your case may be dismissed.
3. The Police Conducted an Illegal Search and Seizure
Under the Fourth Amendment, law enforcement cannot search your property without a warrant or probable cause. If officers obtained benzodiazepines illegally, the evidence may be thrown out.
❌ Common examples of unlawful searches:
Police searched your home or car without a warrant
Officers stopped and searched you without probable cause
The drugs were found through an unlawful traffic stop
If your attorney proves that law enforcement violated your constitutional rights, the evidence may be suppressed, which could lead to case dismissal.
4. You Did Not Intend to Sell Benzodiazepines
If you were charged with possession with intent to sell, but the drugs were for personal use, your attorney can challenge the prosecution’s claim.
🚫 The prosecution may argue intent to sell if:
You had a large quantity of benzodiazepines
You had multiple prescription bottles
You had cash or packaging materials (e.g., plastic bags)
However, owning a large quantity does not automatically prove intent to sell. Your attorney may argue:
✅ The benzodiazepines were for personal use
✅ The pills belonged to multiple people in the household
✅ The presence of cash or bags is not linked to drug sales
By challenging the intent to sell, your charges may be reduced or dismissed.
5. You Were a Victim of Entrapment
If law enforcement officers pressured or tricked you into committing a benzodiazepine-related offense, you may have a defense of entrapment.
💡 Example of Entrapment:
An undercover officer coerced you into selling benzodiazepines, even though you had no prior intent to do so.
The police set up a sting operation that unfairly pressured you into possession or distribution.
If your attorney can prove you would not have committed the crime without police pressure, your charges may be dismissed.
6. You Were Falsely Accused
False accusations happen frequently in drug-related cases. You may have been:
✔️ Wrongfully accused by someone else trying to avoid their own charges
✔️ Framed by another person who planted benzodiazepines on you
✔️ Misidentified by law enforcement in a mistaken arrest
Your attorney can gather witness testimony, security footage, or forensic evidence to prove that you were falsely accused.
our clients say it best
Client Testimonials
5. What are related offenses to Benzodiazepines?
Protecting Your Rights, Defending Your Future
Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.
Client Satisfaction Is Priority
You Are More Than What They Say
We Always Go The Extra Mile