CHILDREN AND DRUGS

Thank you to the State Bar of California which produced the “Kids and the Law” of which this is an extract. For the entire booklet go to: Children’s law

 In a 2006 survey of nearly 50,000 secondary school students nationwide, half of the high school seniors admitted they had tried some type of illicit drug. Roughly one in 20 reported using

marijuana or hashish nearly every day. Illicit drug use overall has declined significantly among 8th, 10th and 12th graders in the past five years, according to the annual study funded by the National Institute on Drug Abuse. But drug abuse among young people remains a serious problem—and parents are often the last to know when their children are in trouble.

The abuse of certain prescription-type drugs, including the painkillers Vicodin and OxyContin, has raised concerns in recent years. By some accounts, there are teenagers who raid their family medicine cabinets and hold so-called pharming parties to trade and sample the prescription drugs. The number of children misusing over-the-counter cough and cold medications is troubling as well. Recent data showed that children are taking high doses of such medications just to get high. Of those surveyed in 2006, roughly one in 25 eighth graders and one in 15

high school seniors had abused such medications. And experts fear that young people may not fully realize the risks because the drugs are sold over the counter. Other drugs abused by young people in recent years include inhalants, anabolic steroids and the so-called club drugs, such as MDMA (more commonly known as “ecstasy”). Certain club drugs have been associated with sexual assaults as well; the drug is slipped into an unsuspecting victim’s drink to render the victim defenseless. For more information, go to www.clubdrugs.gov.

 What could happen if my child is arrested for drug possession?

 It depends. The laws regulating drugs exist at the federal and state levels. Most of the federal laws deal with large-scale drug trafficking, an activity in which most children are not involved. It depends. The laws regulating drugs exist at the federal and state levels. Most of the federal laws deal with large-scale drug trafficking, an activity in which most children are not involved. Young people are far more likely to face state charges of possession of a controlled substance. (H&SC §§ 11053, 11350) More than 135 controlled substances carry a felony charge —and potential prison time—for possession alone. Such substances include, for example, concentrated cannabis, heroin, cocaine, LSD, amphetamines and barbiturates. The punishment for marijuana (the most commonly used illicit drug) is less severe. Possessing 28.5 grams of marijuana (other than concentrated cannabis) or less would be considered a misdemeanor, which could result in a fine of up to $100. Minors also may be escorted home to their parents or taken to a juvenile probation officer. However, if your child is found possessing more than an ounce of marijuana or with any amount on school grounds or cultivating marijuana, the consequences would be more serious. (H&SC §§ 11357-58)

 Possessing certain drug paraphernalia is against the law as well. And it is illegal fora young person to be anywhere—a party, for example—where controlled substances are being used if he or she is participating or assisting others in their use. (H&SC §§ 11364-65) In California, courts can suspend a young person’s driver’s license (if he or she is under the age of 21 but older than 13) for one year if he or she has been convicted of certain drug or alcohol-related offenses. If the minor has yet to get a license, driving privileges may be delayed for a year beyond the date that the teenager would normally become eligible to drive. And successive offenses could result in further suspension or delay in eligibility. The suspension, restriction or delay of driving privileges is in addition to any penalty imposed upon conviction. (VC § 13202.5)When young people are arrested with more drugs than they could reasonably be expected to use themselves, they may be charged with possession with intent to sell drugs. This is a felony, even if the simple possession of the particular drug would not be a felony. (H&SC § 11351)In addition, anyone under the age of 18 who induces another minor to violate certain laws related to controlled substances could wind up in state prison. (H&SC § 11354)

 Are there stiffer penalties for those who sell drugs to minors at school?

 Yes. The state imposes severe sanctions on anyone age 18 or older who unlawfully prepares for sale, sells or gives away certain controlled substances to a minor (or solicits a minor’s assistance) at certain locations where children are present. This would include a school campus, a public playground or a child day care facility at any time when minors are using the facility. Depending on the location, the type of drug and the age difference between the minor and the adult, such conduct could lead to an enhanced prison sentence of 14 years. (H&SC §§ 11353.1- 11353.6, 11380.1)The data, however, suggests that teenagers still have plenty of opportunity to obtain drugs. A recent nationwide survey found that one in four high school students had been offered, sold or given illegal drugs at school.

 Is it against the law to use someone else’s drug prescription?

 Yes. To possess or use someone else’s prescription is illegal. Depending on the drug, the penalty could range from 12 months in jail and a $500 fine, to a state prison sentence and a $2,000 fine. (B&PC § 4060; H&SC §§ 11027, 11350, 11357, 11377)

 STEROIDS

 Your young athlete may believe that anabolic steroids will improve his or her game. But without a prescription from a doctor, steroids are illegal. In addition, the federal penalty for distributing such drugs is up to five years in prison and $250,000 in fines. (H&SC §§ 11056(f), 11377 (b); 21 USC § 841) For more information on steroids, go to www.steroidabuse.gov.

people are far more likely to face state charges of possession of a controlled substance. (H&SC

§§ 11053, 11350) More than 135 controlled substances carry a felony charge —and potential prison time—for possession

By law, the following warning must be posted in all locker rooms, colleges and schools with middle and high schoolaged students. (CC § 1812.97)

Warning: Use of steroids to increase strength or growth can cause serious health problems. Steroids can keep teenagers from growing to their full height; they can also cause heart disease, stroke, and damaged liver function. Men and women using steroids may develop fertility problems, personality changes and acne. Men can also experience premature balding and development of breast tissue. These health hazards are in addition to the civil and criminal penalties for unauthorized sale, use or exchange of anabolic steroids.

 This information is provided for educational purposes only. For more information about divorce and family law in Los Angeles  please visit www.la-familylaw.com