An arrest in Woodbridge for prescription drug possession, intent to distribute, or obtaining CDS by fraud can lead to a lengthy prison term and tens of thousands of dollars in fines. Do not be mistaken in thinking that just because controlled dangerous substances (“CDS”) like Oxycodone, Hydrocodone, Percocet, Xanax, Suboxone, and Vicodin can be legally prescribed that they cannot result in the same consequences as street drugs like heroin when they are possessed or sold illegally.
Prescription legend drugs have actually garnered so much attention in recent times that the government has enacted a separate possession and distribution law under N.J.S.A. 2C:35-10.5 for this form of CDS. Here at the Law Offices of Jonathan F. Marshall, we have been defending individuals like you in Woodbridge for several decades. Whether you were arrested for a disorderly persons offense for not having your medications in its original container or a first, second, third or fourth degree crime at the Middlesex County Superior Court, our attorneys have a track record of getting results. Stealing medication, forging a prescription or selling legend drugs is nothing that you can afford to blow off as minor. You can end up in jail for quite a long time if you do not reach the best outcome possible under the circumstances. The lawyers and former prosecutors at our Woodbridge Firm can insure that a thorough and effective defense is asserted on your behalf. To learn exactly how we can help you in this matter, call us for a free consultation.
Arrested & Charged With Prescription Legend Drug Offense
In accordance with NJSA 2C:35-10.5, it is unlawful for a person to engage in a host of conduct in relation to the possession and/or distribution of prescription legend drugs. For purposes of this statute, a prescription legend drug is defined as any drug that requires a prescription from a licensed physician, veterinarian or dentist and is embossed with the statement “Rx only”. As with most drug related crimes, it is the quantity of the prescription legend drug or stramonium preparation that dictates the degree of the offense. It is a disorderly persons offense for a person to possess or distribute four or fewer dosage units of a prescription legend drug. The offense escalates to a third degree crime where the possession with intent to distribute or sales involves at least 5 but fewer than 100 dosgage units. It is a second degree offense to distribute or possess with intent to distribute more than 100 dosage units. The only affirmative defense that exists to all of these charges is that the drug was actually prescribed to you by a licensed physician.
Penalties That Apply In Prescription Drug Cases
In terms of sentencing, a disorderly persons offense typically carries with it the possibility of up to a $1000 fine, up to 6 months of incarceration, and the possibility of a loss of license for as much as 2 years. A fourth degree offense carries with it the possibility of a fine of up to $10,000, up to 18 months of incarceration, and a loss of license for 2 years. Both of these sentences may through the work of your attorney be relegated to a Pretrial Intervention program under the right circumstances. Third and second degree offenses, though, impose significantly heavier penalties. A third degree crime could lead to incarceration for between 3 and 5 years and fines, in derivation from NJSA 2C:43-3, of up to $200,000. A second degree offense could lead to incarceration for between 5 and 10 years and fines, once again in derivation from NJSA 2C:43-3, of up to $300,000.
Woodbridge NJ Prescription Legend Drug Lawyer
An experienced attorney who knows the ins and outs of prescription legend drug offenses may be your best hope at minimizing the potentially devastating consequences of a conviction. We believe that our firm, The Law Offices of Jonathan F. Marshall, with our long history of success, can offer you an excellent opportunity to move on with your life without life altering ramifications. If you have been charged with possession of a prescription legend drug or distributing this type of CDS, call our Woodbridge Township Criminal Firm to speak to a skilled defense lawyer. We can be reached for a free consultation 24/7.
