No, simple possession of Xanax (alprazolam), which is a benzodiazepine, is generally not a felony in California for a first-time offense without aggravating factors.
Understanding Xanax Possession Charges in California
In California, simple possession of benzodiazepines or sedatives, including Xanax, is categorized as a "wobblette" offense. This unique classification means the charge can be filed either as an infraction or a misdemeanor, depending on the specific circumstances of the case and the discretion of the prosecuting attorney. This legal distinction is crucial because it significantly impacts the potential penalties an individual might face.
The relevant law for possession of sedatives or benzodiazepines is Health and Safety Code (HS) 11375.
Infraction vs. Misdemeanor vs. Felony
To better understand the implications, here's a quick overview of these charge types:
| Charge Type | General Characteristics & Penalties (California) |
|---|---|
| Infraction | Minor offense, typically punishable by fines only. No jail time or criminal record in the traditional sense. |
| Misdemeanor | More serious than an infraction, but less severe than a felony. Can result in up to one year in county jail and/or substantial fines. Misdemeanors do appear on a criminal record. |
| Felony | The most serious type of criminal offense. Convictions can lead to state prison sentences (exceeding one year), significant fines, and a permanent felony record, impacting rights like voting or owning firearms. |
As simple possession of Xanax is a "wobblette," it falls into the infraction or misdemeanor category, thereby avoiding felony classification.
Factors That Can Elevate Charges
While simple possession of Xanax is typically not a felony, certain circumstances can lead to more severe charges, including felonies, especially if there's an intent to distribute or other criminal activity involved. These factors include:
- Possession with Intent to Sell: If there's evidence suggesting the individual intended to sell or distribute the Xanax (e.g., large quantities, packaging materials, multiple phones, large sums of cash), the charge can be elevated to a felony.
- Forged or Altered Prescriptions: Possessing Xanax with a prescription that was forged, altered, or obtained fraudulently can result in felony charges.
- Possession While Driving: Driving under the influence of Xanax, especially without a valid prescription or when impaired, can lead to DUI charges, which might be enhanced if coupled with illegal possession.
- Prior Convictions: Individuals with previous drug-related convictions, especially felonies, may face harsher penalties for subsequent possession offenses, potentially elevating a "wobblette" to a more serious charge or impacting sentencing.
- Possession in Conjunction with Other Crimes: If Xanax possession occurs alongside other criminal activities (e.g., theft, assault, possession of other illegal drugs or firearms), the overall legal consequences will be significantly more severe and may include felony charges for the other crimes.
In summary, while simple possession of Xanax is generally not a felony in California, the exact nature of the charge and its potential penalties are highly dependent on the specifics of the case and any additional aggravating factors.
