NEW JERSEY CRIMINAL LAWYERS

Health & Safety Code Crimes

Protecting the Public’s Health: Understanding Health and Safety Code Crimes

The Health and Safety Code (HSC) laws are a critical set of laws enacted to safeguard the health and well-being of the public. These laws encompass various areas, such as radiologic technology, drug offenses, food, and drug safety.

Understanding HSC Crimes

Violating HSC laws can lead to severe repercussions that classify them as serious criminal acts. In California, any person who breaches these codes can face either felony or misdemeanor charges. It is crucial to comprehend the type of violation and its associated charges to circumvent hefty legal penalties.

HSC Section 11350 (a) – Possession of Controlled Substances

Possessing controlled substances illegally is strictly punishable under this law. The severity of punishment depends primarily on the nature of drugs found in possession. Although recreational marijuana use among adults over 21 years old has been legalized, its illegal usage by minors may still result in charges under HSC.

The following table shows some of the commonly abused drugs with their assigned schedules and potential jail time:

| Drug Name | Schedule | Potential Jail Time |
|:————-:|:————:|:——————-:|
| Cocaine | II | 16 months-3 years |
| Heroin | I | 16 months-3 years |
| Methamphetamine | II | 16 months-3 years|

HSC Section 11379.6 (a) – Manufacturing Controlled Substances

Offenses involving manufacturing, producing or distributing illicit drugs face more severe punishments than other drug-related crimes. These crimes constitute a felony crime category that can lead to life imprisonment.

The following table shows some commonly manufactured drugs with their assigned schedules and potential jail time:

| Drug Name | Schedule | Potential Jail Time |
|:————-:|—————-|——————————|
| Methamphetamine | II | 3 years to Life Imprisonment |
| LSD | I | 3 years to Life Imprisonment|
| Fentanyl | II | 3 years to Life Imprisonment |

HSC Section 421(a) – Elder Abuse

Any caregiver or family member assigned the task of caretaking older adults may face elder abuse charges for failing to provide suitable care. The elderly abuse law aims to protect the welfare of senior citizens, which neglect, abandonment, or physical/emotional abuses could endanger.

The consequences of elder abuse include fines, imprisonment, or both types of sentences, depending on the crime’s specifics. If the victim suffers injuries because of the abuse or negligence, the penalties can become even more severe.

HSC Section 11153 – Prescription Drug Fraud

Prescription drug fraud involves any illegal activity surrounding prescription drugs. This includes forging prescriptions, using stolen prescription pads and doctor shopping. California considers prescription drug fraud as a felony offense that leads to significant legal penalties.

To reduce instances leading to prescription drug abuse in California lately, there is a Controlled Substance Utilization Review and Evaluation System (CURES). Medical practitioners authorized to prescribe or dispense medication must register with CURES.

Avoiding HSC Crimes

It is essential first to know what comprises health and safety code crimes to steer clear of inadvertently committing these offenses. Even when actions taken were not deliberate violations, they might lead to criminal charges filed against them. In case any confusion arises in understanding HSC laws or their codes’ repercussions, it is recommended consulting an experienced attorney with deep knowledge.

Working with a seasoned criminal defense lawyer can help protect an individual from being found guilty when facing any HSC criminal allegations. Collaborating with such an attorney ensures securing legal support during the justice process while looking out for one’s interests.