Mount Holly NJ Prescription Drug Attorney
New Jersey has taken note of the rise in addiction to prescription pain medication and other pharmaceutical drugs by enacting laws that impose stiff penalties if they are possessed or distributed illegally. This means that whether you are facing a charge for distribution of Oxycodone or for possession of 3 Suboxone pills, you will subject to penalties that are intended to deter any continuation in this behavior. Beyond any jail time, fines, surcharges, drug treatment classes, probation and loss of license, you are also facing the prospect of having a criminal record for the rest of your life. What you should also know is that the penalties are the same whether the drug is an Opioid or erectile dysfunction medication. Hiring an experienced lawyer is therefore of profound importance to anyone who has been charged with possession or distribution in violation of N.J.S.A. 2C:35-10.5. The lawyers at the Law Offices of Jonathan F. Marshall handle these charges at the Superior Court in Mt. Holly, as well as in municipal courts like Willingboro, Burlington City, Bordentown, Florence, and Pemberton. Attorneys are available 24/7 to discuss the specifics of your case and to discuss how we can help you. Call us at 856-234-8900 for a free consultation.
Possession of a Prescription Legend Drug
Possession of prescription drugs, including opioid pain relievers, fall under N.J.S.A. 2C:35-10.5. This statute covers all drugs that can only be prescribed by a physician like Oxycontin, Fentanyl, Percocet, Adderall, Valium, Xanax, and Roxicondone. It is a crime of the fourth degree (indictable offense/felony) to possess 5 or more dosage units without a valid prescription. Possession of less than 5 units is a disorderly persons offense. If you are convicted of 4th degree prescription drug posession, you face up to 18 months in prison and a $10,000 fine. A disorderly persons violation of N.J.S.A. 2C:35-10.5 carries up to 6 months jail. There is a 6 months mandatory driver’s license suspension that applies but the revocation can escalate to two (2) years if the violation involved CDS in a motor vehicle.
Selling, Distributing or Possessing Prescription Drugs With Intent To Distribute
N.J.S.A. 2C:35-10.5 also contains provisions that apply to those accused of distribution of prescription legend drugs. It is a second degree crime for a person to distribute or possess or have under her control with intent to distribute a prescription legend drug or stramonium preparation in an amount of 100 or more dosage units. The maximum fine for this offense is $300,000 which is greater than the maximum fine for most second degree crimes. It is a third degree crime for a person to distribute or sell at least five but less than 100 dosage units. The maximum fine for this offense is $200,000 which is also greater than the maximum fine for most third degree crimes. Distribution of prescription legend drugs is a fourth degree crime where the amount is four or less dosage units. However, unlike second degree and third degree prescription drug distribution, the prosecutor must demonstrate that the CDS was distributed for pecuniary gain in order for this fourth degree crime to be triggered. Where this intent is lacking, the conveyance of the pills or dosage units is a disorderly persons offense.
Mt. Laurel Prescription Drug Defense Lawyers
Cases involving prescription drugs can be tricky since they often involve layers of other offenses like Forgery and Obtaining CDS by Fraud. It is critical in opiate pain medication and other prescription cases that you secure the best outcome available as the ramifications of a conviction can often include limitations on your freedom. Mr. Marshall and the other members of our firm can assist you in obtaining Pretrial Intervention, a favorable plea involving probation or perhaps even a dismissal of the charge. Call us if you were arrested in Burlington Township, Cinnaminson, Lumberton, Medford, Riverton or any other town in the county. An attorney at our our Mount Laurel Prescription Drug Firm is available immediately at (856) 234-8900.
