The highly liberal prescribing and dispensing patterns of medical professionals has led to unprecedented levels of prescription drug abuse in New Jersey and nationwide. Unfortunately, what begins as a medical necessity, to recover from a procedure such as back or knee surgery or to treat anxiety, all too frequently spirals into a chemical dependency that was never anticipated. The powerfully addictive nature of opiates, painkillers, and psychotropic medication can often drive patients to pursue these substances after their legitimate prescription has expired. This quickly crosses the line into criminal behavior, with a host of charges for illegal possession and distribution of prescription drugs, as well as those for prescription fraud, prescription theft, and prescription forgery.
Any number of substances fall within the confines of those classified as “prescription legend drugs” under New Jersey law. Among the most commonly abused substances of these are: Methadone, Morphine, Xanax, Vicodin, Oxcodone, Percocet, Fentanyl, Adderall, Valium, and Ritalin. The specific prescribing and dispensation policies dictated by New Jersey lawmakers are outlined in the New Jersey Controlled Dangerous Substance Act (N.J.S.A. 24:21-1), the New Jersey Pharmacy Act (N.J.S.A. 45:14-40), and the collection of New Jersey Controlled Dangerous Substance Laws. Violations of these statutes may involve the possession of a prescription drug without a valid prescription, the possession of these substances with the intent to distribute, or the unlawful dispensation or distribution of prescription medication. Depending on the specific charge and the amount of the substance associated with the alleged offense, penalties may include a term of incarceration, thousands of dollars in fines, and a felony charge on your criminal record.
With over 100 years of combined experience, the attorneys at The Law Offices of Jonathan F. Marshall bring a measured and knowledge-based approach to each case, devising the most effective and compelling defenses for our clients in order to achieve favorable outcomes. The former Municipal and County prosecutors on our staff provide us with invaluable insight into how the State construct its case, which serves to inform our arguments when working toward successes in court rooms across New Jersey. To discuss your case with one of our talented defense attorneys free of charge, contact The Law Offices of Jonathan F. Marshall. We are available 24/7 to provide you with immediate assistance.
Prescription Drug Charges in New Jersey: N.J.S.A. 2C:35-10.5
New Jersey Law defines a prescription legend drug as “any substance which under Federal or State law requires dispensing by prescription or order of a licensed physician, veterinarian or dentist.” According to State law:
The possession of a prescription drug in a quantity of 4 or fewer units or pills is a disorderly persons offense.
- Penalties may include: a sentence to serve up to 6 months in the county jail and a fine of up to $1,000
The distribution of a prescription drug (for no financial gain) in a quantity of 4 or fewer units or pills is a disorderly persons offense.
- Penalties may include: a sentence to serve up to 6 months in the county jail and a fine of up to $1,000
The distribution of or possession with intent to distribute a prescription drug (for financial gain) in a quantity of 4 or fewer units or pills is a crime of the fourth degree.
- Penalties may include: a maximum sentence of 18 months to be served in New Jersey State Prison
The distribution of or possession with intent to distribute a prescription drug in a quantity of ranging from 5 to 100 units or pills is a crime of the third degree.
- Penalties may include: a term of incarceration ranging from 3 to 5 years in New Jersey State Prison and a fine of up to $200,000
The distribution of or possession with intent to distribute a prescription drug in a quantity that exceeds 100 units or pills is a crime of the second degree.
- Penalties may include: a term of incarceration ranging from 5 to 10 years in New Jersey State Prison and a fine of up to $300,000
Contact our Flemington NJ Prescription Drug Charge Defense Lawyers for Immediate Assistance
If you or someone you love has been charged with a criminal offense involving prescription drugs, chances are you are searching for answers. To address your questions and concerns with a member of our highly knowledgeable criminal defense team, contact The Law Offices of Jonathan F. Marshall at 908-722-1011.
