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Adderall, Ritalin, Concerta, Vyvanse: legal status and lawsuit

There is an ever-increasing incidence of the use of prescription amphetamine stimulants, such as Adderall, Concerta, Ritalin and Vyvanse, for both licit and illicit purposes. Infants to career professionals are turning to such drugs for a variety of reasons.

Adderall happens to be one of the more popular drugs used in the treatment of both narcolepsy and ADHD. Adderall is a branded drug which is composed of amphetamine as well as dextroamphetamine. These active ingredients are stimulants to the CNS (Central Nervous System). As it is has considerable abuse potential and may be habit-forming, it is a Schedule II narcotic. Its side effects include loss of weight, insomnia and depression.

Adderall is frequently taken by students to boost their concentration and endurance when going through examinations. The drug is inexpensive and widespread. However, being found in possession of non-prescribed Adderall is a serious offence and a conviction may have severe consequences.

Repercussions of Violating the Laws Regulating Possession of Adderall and related drugs.

Section 11350 of the California Health & Safety Code rules that possessing Adderall is regarded as a misdemeanor. A conviction carries a maximum sentence of 1 year incarcerated in county jail. To be convicted, the following need to be proven by the prosecutor:

  • the quantity was sufficient for use,

  • you were aware Adderall, Ritlain or Vyvanse are controlled drugs,

  • you were aware of the drug’s presence,

  • you were in possession contrary to the laws.


Possible Defensive Arguments in lawsuits

A competent attorney specializing in criminal defense will be of great assistance in fighting a lawsuits of Adderall, Conserta, Ritalin and Vyvanse possession. Some of the successful defense strategies used previously relate to the demonstration of the following key points:

  • you had the substance for only a very short time,

  • you had a prescription for it,

  • you did not in fact possess or control the substance,

  • you were unaware of the drug’s presence or legal status,

  • the police did not follow the required procedures at any point during your arrest or detention.

Clearing a Criminal Record via a Drug Diversion Program (Prop 36 & PC 1000)

First time offenders are likely to qualify for a program of drug diversion. Much will depend on the circumstances surrounding your conviction. If you go through the program and avoid any future brushes with the law, it’s possible the charges will be struck from your record. A competent attorney will be very helpful to achieving such an outcome.

lawsuits of Illegally Dealing in Adderall, Ritalin, Concerta and other related drugs. (HS 11351)

ADHD drugs lawsuits: A jail sentence could result from possessing Adderall with intent to cell. Section 11351 of the California Health and Safety Code stipulates that dealing Adderall incurs a county jail sentence from 2 to 4 years. The exact sentencing will hinge on the circumstances of the case, such as quantity and criminal record.

Dealing Adderall is a far graver offence than possessing it. No drug diversion program will be available to you. For the prosecution to get a successful conviction on such a charge, the following key facts must be established:

  • you were intending the substance for sale,

  • you possessed it in saleable quantity,

  • you were aware of its nature as a controlled drug,

  • you were in physical possession or control of the drug,

  • you were holding the drug illegally.

What is Adderall , Ritalin, Concerta, Vyvanse status? Is it Illegal in the USA?


Adderall , Ritaling, Concerta, Vyvanse are perfectly legal to possess so long as it’s prescribed. Adderall and others are not legally classified as a narcotic. It is simply a controlled substance. It is addictive and has risk for abuse if used incorrectly. A doctor must ensure proper usage and prescribe Adderall. So while it is possible for Adderall to be used recreationally, that carries serious legal risks. Further information on the legalities and medical applications of Adderall is available in the following text.


Uses for Prescribed Adderall

Adderall is chemically comprised of two amphetamine salts: dextroamphetamine and amphetamine. It is a stimulant drug, useful for sufferers of sleeping disorders and narcoleptics in particular. Adderall is also commonly used in the treatment of ADHD (Attention Deficit Hyperactivity Syndrome). Sufferers of that condition will find Adderall has a calming effect upon them.

Adderall is sometimes used off-label (ie. outside of its medically approved applications) recreationally or as a performance enhancer. Such usage is illegal.


Adderall, Vyvanse, Ritalin - a Narcotic that’s Legal?

Adderall, Vyvanse, Ritalin are not a narcotics, by definition. Generally, “narcotics” are defined as drugs which bind with the brain’s opiate receptors to create a euphoric sensation akin to that of morphine. The term is used in legal parlance in reference to opium and its derivatives and synthetics. It is also applied to cocaine, another illegal drug. “Narcotic” can be used as a more general term in reference to any illegal drug, but this is a loose and unofficial usage.

Adderall is officially classed as a controlled stimulant under Schedule II classification. Although it is legal with a prescription, it is illegal to possess or sell without the proper prescription or license. Adderall is therefore a legal drug which may become illegal under certain circumstances.

The Reasons for Adderall, Concerta, Vyvanse Schedule II Status

Adderall is classed under the 2nd highest level of controlled substance regulation; Schedule II. Any drug in Schedule I drugs have no approved medical use and is addictive. Schedule II drugs have medical applications but are also potentially addictive. Adderall can be abused and can also be addictive, which is why it falls under Schedule II. As such, it may only be used by prescription.


Abuse of Adderall

As excess dosages of Adderall can lead to stimulatory effects and euphoria, it is often abused. Students are especially likely to abuse it; indeed those studying full-time have a doubled likelihood of Adderall abuse compared to non-studying peers. Heightening the risks is the fact that Adderall is often used in combination with other substances, such as depressants (alcohol, etc.). It’s easy to become addicted to Adderall if it’s used irresponsibly, this is dangerous given it can lead to serious health threats. One particularly grave outcome is sudden death from Adderall, , which sometimes occurs in those with cardiovascular issues. Overdosing on Adderall is also very risky.


Liability for Adderall Addiction

Adderall is known to be addictive. Even those taking Adderall, Ritalin and other ADHD drugs under a doctor’s supervision for an approved purpose may find themselves becoming dependent on it. This is dangerous as excess usage can cause cardiovascular problems, even strokes. Abrupt cessation of Adderall, particularly after heavy and / or long-term usage, will give rise to very unpleasant withdrawal symptoms.


Should Adderall’s Classification be Legally Altered?

Despite the severity of Adderall, Concerta and Vyvanse withdrawal, addiction and overdose, it remains a helpful drug for a large number of people. Adderall’s classification as Schedule II should likely remain so that it remains available to those who need it while discouraging those who seek it for the wrong reasons. It is the opinion of this publication that its status should remain unchanged but we are open to hearing other opinions.


Further Legal Questions about Adderall and related drugs

If you have any unanswered questions or any comments regarding the above information, we would like to hear from you. If some particularly pertinent topic which we’ve overlooked is raised, we may dedicate a future article to exploring the issue in depth. We appreciate your feedback.

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