What Is a Schedule 1 Drug? 

Jan 18, 2022

The federal law considers a Schedule 1 drug the one that comes with a high potential for addiction and abuse. It’s also a substance that doesn’t have an acceptable safety level to use under medical supervision or accepted medical treatment in the United States at all. Finally, you can’t get a prescription for these drugs.

In this article, we are focusing on discussing the list of Schedule 1 drugs and related Californian law implications. Here is what you should know about using these substances and potential penalties in California!

What Are Drug Classifications?

These are federal drug classifications, which relevant experts designed after serious consideration. Here is the overview of the categories:

• Schedule 1 substances. We’ll focus on Class 1 drugs in this guide. It’s vital to mention that marijuana has a special status in California, although it belongs in this group.
• Schedule 2 drugs. Morphine, cocaine, and methadone are in this category. They have a high addiction risk but come with accepted medical use with certain restrictions.
• Schedule 3 drugs. Codeine, anabolic steroids, and barbiturates are in this class. The US federal law approves medical use, but it can lead to high psychological and moderate physical dependence.
• Schedule 4 drugs. Xanax and Valium are the most famous examples of these substances, which can lead to limited dependence.
• Schedule 5 drugs. This class has the lowest risk of abuse or addiction, such as a cough medicine that contains some codeine.

What Is a List of Schedule 1 Drugs?

We already answered the question, “what is a Schedule 1 drug?” These substances come with a high risk of abuse and addiction. Here is a detailed overview of the drugs in this class.

Heroin

This powder is a highly addictive drug coming from the opium poppy plant. It’s a couple of times more powerful than morphine. You can snort, smoke, or inject it for potential pain relief and a euphoric feeling. Unfortunately, the abusers often aren’t aware of the drug’s actual power, which might be the reason behind overdose cases.

LSD

Lysergic acid diethylamide is a full name that most users probably aren’t familiar with at all. It’s a synthetic hallucinogen, which often alters our minds in positive or negative ways. LSD affects your ability to make rational decisions, and you can experience flashbacks or anxiety after using it.

Marijuana

The answer to the question “is marijuana a Schedule 1 drug,” is yes. It’s because you have a high risk of getting addicted. However, Californian law approves cannabis products for both medical and recreational use. There are certain limitations, which are also mentioned in the federal law. For example, the federal regulations mention that cannabis products with a THC quantity of up to 0.3% are legal.

Mescaline

The other name is peyote, and this is another hallucinogen. Unlike LSD that comes from a fungus, this one is derived from a cactus plant. Visual hallucinations and euphoria are what the users experience after taking it. The side effects are vast and include psychosis, tremors, anxiety, and tachycardia.

MDMA or Ecstasy

MDMA is another synthetic drug with psychoactive properties. It’s a hallucinogen that comes with many side effects, especially with consistent use. That includes depression, losing focus, fatigue, etc. High doses of MDMA can lead to hyperthermia, which could cause organ failure.

GHB

This is an abbreviation for Gamma-Hydroxybutyrate, which you might also know as the date rape drug. It is a CNS depressant many put in alcoholic drinks. Users experience a sex drive boost and euphoria. However, that also comes with side effects like hallucinations, nausea, sweating, and even coma. GHB has been in the Schedule 1 Drug class since 2000.

Psilocybin

If you heard about magic mushrooms, that’s what psilocybin is. This compound comes from mushrooms, and it is a hallucinogen. It can result in a bad trip, which can lead to horrifying experiences after consuming the drug. Although some clinical studies were performed, this is still a Class 1 drug.

Synthetic Marijuana and Analogs

It’s been on the US market since the 2000s. The idea is to duplicate the effect of marijuana, or THC, which causes the psychoactive effect. Synthetic cannabinoids can be harmful and cause tachycardia, hypertension, hallucinations, and anxiety. Some users even reported severe bleeding after taking these compounds.

Methaqualone

This is another synthetic that acts as a CNS depressant. It was popular in the US before the DEA outlawed it in 1980. Also known as quaaludes, this drug induces drowsiness and acts as a sedative-hypnotic. This drug comes with a wide range of side effects, which is common for Schedule 1 substances.

Khat

These are plant leaves that you can chew. They deliver euphoric and psycho-stimulant effects, which can help to deal with fatigue or as a mood booster. However, there are adverse side effects, such as constipation, CNS, metabolic, and respiratory problems.

Bath Salts

These are not the products you use in the bathroom. Instead, these are synthetic cathinones that can lead to dangerous intoxication. Users resort to them as a cheap replacement for cocaine, but they can lead to severe panic attacks, insomnia, and violent behavior. Bath salts are particularly dangerous in high doses.

Why Is Marijuana a Schedule 1 Drug?

If you are wondering “what class drug is a weed in,” the answer is the first. It indicates that marijuana has a high risk of addiction and abuse. However, California law has a special treatment for marijuana.

According to the local regulations, it’s legal to possess up to 28.5 grams of cannabis. That converts to about an ounce of this plant material. The limit for concentrated cannabis is eight grams.

There are some other strict regulations implemented by the Californian law:

• If you are younger than 21, you can’t possess any amount of marijuana because they risk an infraction.
• Those who get caught for possession near or in a school will be charged with a misdemeanor.
• If you possess more than 28.5 grams and you are over 18 years old, that’s an infraction. If you are younger than 18, it’s an infraction.
• You can’t possess any marijuana in an open package or container or a vehicle. That is an infraction.

What Is the Penalty for a Schedule 1 Drug in California?

Schedule 1 drug penalties are harsher than for lower categories of controlled substances. That’s because these have the highest risk of addiction and abuse. Here is an overview of different situations and potential legal consequences.

Possession

Most drug possessions in California end up as misdemeanors. Specific circumstances, such as large drug amounts, can lead to complications and charges of a felony. But how does the law determine you possess those drugs?

The first case is when you have drugs on you. That’s when you exercise direct physical control over the substance, and it’s classified as actual possession. The alternative could be constructive possession, which indicates the drugs were in a place where you can exercise control over them. Let’s say that you were driving a car, and the drugs were in the trunk. It’s somewhere you had access to, which indicates constructive possession.

The possession might not be limited to a single person. If you share it with others, that could indicate joint possession. This is method police often use when discovering who owned the drugs in the first place. If no individual takes the blame, everyone involved gets charges for joint possession.

Selling or Intending to Sell

If you possess a schedule 1 drug with the intent to sell it, the Californian Penal Code considers that a felony. The same applies to other controlled substances. The fines can go up to $20,000, and you could spend up to five years in jail. Your defense could be that the discovery was made during illegal premise searching, or the drugs weren’t yours. A reliable drug crimes attorney can help to come out with an effective defense strategy that can ensure the consequences are as mild as possible.

How do they determine if you have the intent to sell the drug? The usual indicator is you have large quantities of it. However, measurement tools, keeping the drug in small baggies, or having large cash sums can also be among indicators. The more factors implicate you intended to sell the drugs, the more complicated your case is.

Manufacturing

The Californian law considers manufacturing drugs that are among controlled substances a felony. You could be facing anywhere from three to seven years for this crime, while the potential fine goes up to $50,000. There’s no need to handle or use drugs to face these charges.

Here is what could increase a potential penalty for manufacturing drugs:

• A large number of drugs were manufactured.
• There’s a person under 16 years old in the facility where the drugs were made.
• The manufacturing process was occurring within 200 feet of a residential property or structure where people spend time.

It gets worse because manufacturing drugs also come with other charges. Those could include selling drugs, but also gang activity, weapon charges, etc. You might be facing a variety of parole requirements, such as drug testing and check-ins with the parole office. If you have an expert criminal defense lawyer in your corner, they might be able to help get the best possible outcome.

What Does the Controlled Substances Act Do?

The idea of the Controlled Substances Act is to group all substances that the federal law regulates in different categories. The United States Drug Enforcement Administration has five different schedules for all substances. The placement of a particular product depends on safety, medical use, and potential for abuse.

Not all substances are a part of this schedule. It’s also possible to remove a compound from control and transfer it between categories. That requires the authorities to follow the DEA procedures for these matters.

Redondo Beach Man Could Face Life in Prison for Producing 5,000 Exploitative Images of Minors

Jan 3, 2022

Unlike most crimes, sexual abuse of children has no statute of limitations.  Many children who suffer sexual abuse are afraid to tell anyone what happened until after victims reach adulthood; if they were very young when the abuse happened, then they might not even know until years after the abuse occurred that what the abuser did to them was against the law.  Adult survivors of sexual abuse have the right to testify in cases related to abuse that occurred decades earlier. 

In the case of crimes involving producing and transmitting images or videos depicting exploitation of minors, the court might order people who purchased copies of the content many years after it was produced to pay restitution to the people whose abuse is depicted in the images, pursuant to the federal Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018.  Meanwhile, the people who record or distribute the images can face long prison sentences.  To find out more, contact a Los Angeles child pornography lawyer.

Defendant Confesses to Soliciting 35 Preteens Online

In September 2021, Billy Edward Frederick of Redondo Beach pleaded guilty to possession of child pornography and enticement of a minor to engage in criminal sexual activity, according to a press release by the Department of Justice.  He was arrested following an investigation that discovered 5,000 images and videos in his Google account of minors engaged in sexual acts. 

The victims appeared to be between the ages of 11 and 14.  Frederick confessed that he would record the victims during Google Hangouts conversations.  At least one victim, a boy who lived in the Philippines, received money from Frederick in exchange for his participation in the Google Hangout, as revealed in chat messages between Frederick and the victim.  In the plea agreement, Frederick admitted that he had done this with at least 35 victims. 

The Department of Justice statement does not give any details about how authorities first became aware of Frederick’s illegal activities except to say that Homeland Security Investigations played a role in investigating this matter.  Many investigations involving the distribution of exploitative images have begun when a content moderator notifies law enforcement that a user has uploaded or transmitted an illegal image or video.  This may not have been the case in the investigation against Frederick, though, since it does not appear that he distributed any of the illegal content to third parties.

Frederick, 51, will receive a sentence on March 14, 2022.  The crimes to which he has pleaded guilty carry a mandatory minimum sentence of 15 years in prison and a maximum sentence of life in prison.

Contact the Manshoory Law Group About Sex Crimes Defense

A Los Angeles criminal defense lawyer can help you if you are being accused of possessing, producing, or purchasing illegal images depicting the exploitation of minors.  Your initial consultation is always free, so contact us at the Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

Jury Convicts 1-800-GET-THIN Doctor of Defrauding Health Insurance Companies Out of Hundreds of Millions of Dollars

Dec 21, 2021

In 1999, when the singer Carnie Wilson broadcast her gastric bypass surgery live on the Internet, the public’s reaction was “only in Los Angeles.”  22 years later, everyone broadcasts their weight loss journey on the Internet, and gastric bypass surgeries are among the less gruesome sights you will see if you idly scroll through videos on YouTube or Facebook.  More importantly, weight loss surgery has become just a normal part of medicine. 

You don’t have to be a celebrity to have a gastric bypass; in fact, many health insurance companies cover it, including the notoriously stingy Tricare.  Insurance companies will only cover the procedure if it is medically necessary, meaning that the patient already has, or is at high risk of developing, other obesity-associated conditions that require equally costly treatment over the patient’s lifetime, such as cardiovascular disease, type II diabetes, or fatty liver disease.  One such qualifying condition is obstructive sleep apnea, which can be life-threatening if untreated; to diagnose a patient with obstructive sleep apnea, doctors must conduct a sleep study. 

It is obvious to anyone who has spent more than ten seconds in Los Angeles that the weight loss industry is big business.  This month, one of L.A.’s superstar weight loss doctors was convicted of health care fraud for billing health insurance companies more than $300 million for medically unnecessary sleep studies and weight-loss surgeries.  If you are facing criminal charges for healthcare fraud, contact a Los Angeles fraud crimes defense lawyer.

Julian Omidi Convicted of Mail Fraud, Wire Fraud, Making False Statements, and Money Laundering

Anyone who has visited Los Angeles has seen the billboards for the 1-800-GET-THIN network of weight loss clinics; Julian Omidi’s face is familiar from these billboards.  The 1-800-GET-THIN clinics have attracted their share of controversy; for example, Omidi’s medical license was revoked in 2009 after several patients died from complications of weight loss surgery.  Even after the revocation of his medical license, Omidi remained involved with the business aspects of 1-800-GET-THIN.

Omidi was arrested in 2018 and charged with 28 counts of mail fraud, three counts of wire fraud, two counts each of money laundering and making false statements, and one count of aggravated identity theft.  The charges stem from Omidi’s role in billing insurance companies for expensive sleep studies to determine patients’ eligibility for weight loss surgery.  In some cases, the sleep studies were medically unnecessary, as the patients had no symptoms of obstructive sleep apnea. 

In other cases, Omidi ordered sleep studies for patients whose insurance plans do not cover weight loss surgery under any circumstances.  In some instances, Omidi falsified patients’ medical records to make them appear eligible for weight loss surgery.  By the time of his arrest, insurance companies had suffered a total of $355 million in losses due to his fraudulent claims.

Omidi and a co-defendant, Mirali Zarrabi, both pleaded not guilty.  Whereas Zarrabi was acquitted, Omidi, whose age news reports give variously as 53 and 58, was convicted on all counts.  His sentencing hearing will take place in April 2022.  He could face a maximum of 20 years in federal prison.  The identity theft charge carries a mandatory minimum sentence of two years and cannot be served concurrently with any other sentences.

Contact Manshoory Law Group About Fraud Crimes Defense

A Los Angeles criminal defense lawyer can help you if you are being accused of defrauding health insurance companies.  Your initial consultation is always free, so contact us at Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

How Long After Being Charged Does it Take to Go to Court?

Dec 11, 2021

If you have been charged with a felony or misdemeanor, you will have to go to court for arraignment. Depending on what happens during and after your arraignment, you may not need to go to court for trial if the case is dismissed.

What Happens if You Fail to Attend Court?

If you fail to attend a required court date, you can be charged with Failure to Appear (CA Penal Code 1320 & 1320.5). The judge will issue a bench warrant, and you will be arrested and brought to court. Failure to Appear can be a misdemeanor or felony, depending on what you were originally charged with.

As a misdemeanor, failing to show up at court can add six months in county jail and $1,000 in fines to the penalties you are already facing. As a felony, it can result in up to three years in prison and fines of up to $10,000, in addition to any penalties you receive in connection with the existing charges.

You cannot be taken to trial in court without first being charged with a crime and having an arraignment where you hear the charges against you and enter your plea.

How Long After Being Charged Does it Take to Go to Court?

Although you may (or may not) have been told the charges against you beforehand, technically you have not been charged with anything until your arraignment. From this point, you have a right to a speedy trial under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. You also have the ability to waive this right.

What is considered a speedy trial depends on whether you are being charged with a misdemeanor or felony, and whether you are held in custody between your arrest and arraignment.

How Long Does it Take to Get a Court Date For a Misdemeanor?

In the case of misdemeanor charges, you have a right to go to trial within 30 to 45 days of being formally charged. If you were held in custody after your arrest, your arraignment has to happen within 48 hours of the arrest. If you were released after the arrest, your trial must take place within about 10 days.

How Long Does it Take to Get a Court Date For a Felony?

For felony cases, you have the right to go to trial within 60 days of being charged. If you were released or bailed out after your arrest, it can take weeks or in some cases months to be formally charged at an arraignment. If you were held in custody, the arraignment must still happen within 48 hours.

What Happens at an Arraignment?

The arraignment is your first court appearance after getting arrested. At your arraignment, a judge will tell you what the charges against you are and what your constitutional rights are.

You will also respond to the charges by entering a plea, such as guilty or not guilty, although these are not the only pleas you can enter. After you have entered your plea, the judge will decide whether you should be held in jail until your trial.

At this stage, you can be released on your own recognizance until the date of the trial, or the judge can set a bail amount that must be posted for you to be released from jail, or they can refuse to set bail. This decision will be based on the nature of your charges and whether you are deemed a risk to the community, and whether you are deemed likely to run away.

The advice of an expert criminal defense attorney can help you reduce the amount of time you spend in jail while you are waiting for your arraignment and trial, as well as improve the outcomes of these court dates. If you have been charged, or are about to be charged, with an offense, contact us today for a free case analysis.

Yes, You Can Get a DUI After Drinking Just One Glass of Wine

Dec 10, 2021

In California, as in most other states, you can get charged with driving under the influence (DUI) if your blood alcohol content (BAC) is 0.08 percent or higher.  If your BAC is well above that limit, the penalties will probably be more serious than if your BAC is just slightly above 0.08, even if you do not cause an accident.  If you are drunk enough to make a driving mistake egregious enough for the police to notice it, then you are drunk enough to get a DUI. 

In some cases, drinking just one alcoholic beverage is enough to put your BAC over the legal limit.  It depends on how strong the drink was, your body weight, whether you consumed it with food or on an empty stomach, and how much time passed between the time you finished drinking and the time you started driving.  If you drink vodka and cranberry juice that resembles the color of a California sunrise more than the color of a ruby, you are plenty drunk to get a DUI.  If you are facing criminal charges for drunk driving, contact a Los Angeles DUI defense lawyer.

PK Kemsley Gets Arrested for Driving With BAC Just Above the Legal Limit

Paul “PK” Kemsley is a household name in Britain because of his association with the Tottenham Hotspurs football club and with the British version of the reality show The Apprentice, but American audiences know him best because of another reality show; his wife Dorit Kemsley is a main cast member on The Real Housewives of Beverly Hills.

One evening in November 2021, Kemsley ate dinner at a restaurant with a business colleague, where he drank a glass of wine with dinner.  After he left the restaurant, he was driving home on the 101, and a police officer pulled him over; the Page Six celebrity news website did not specify why the officer decided to conduct the traffic stop. 

Kemsley took a breathalyzer test, which recorded his BAC as 0.081, just slightly above the legal limit.  The officer arrested him for DUI and took him to the police station.  Authorities administered another breathalyzer test once Kemsley arrived at the station; this time, his BAC was 0.073, which is below the legal limit. A member of the California Highway Patrol then drove him home.

Kemsley, 54, had never been arrested for DUI or for any other offense prior to this incident.  He is a prime candidate for pretrial diversion, where he can get his charges dropped if he complies with the requirements.  He may not even get criminal charges at all.

Contact the Manshoory Law Group About DUI Defense

A Los Angeles criminal defense lawyer can help you if you are being accused of DUI after a traffic stop where a breathalyzer test showed your BAC as above 0.08, or where you refused a breathalyzer test.  Your initial consultation is always free, so contact us at Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.