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Charged with Possession of Prescription Drugs Not Prescribed To you 2C:35-10.5 in NJ
The Penalties for Possession of Prescription Drugs in New Jersey if they were not prescribed to you: 2C:35-10.5 is based on dosage possessed:
- Possession of 4 or less dosage units: up to 180 days in jail and $1000.00 fine
- Distribution of 4 or less dosage units: up to 18 months in jail and $7500.00 fine.
- Possession or Distribution of more than 5 up to 99 dosage units: up to 5 years in Jail and $200,00.00 fine
- Possession or Distribution of more than 100 dosage units: up to 10 years in Jail and $300,00.00 fine
Additional Penalties For All Offenders
In addition to the penalties above, any person who possesses a prescription legend drug without a prescription and was driving at the time of arrest is subject to a 2 year loss of their NJ Drivers License (see 39:4-49.2). If not driving a 6 months loss of license is possible. (see 2C:35-16) All offenders also subject to a term of probation as determined by the court.
Most Commonly Abused Drugs
The 12 Most Common Drugs leading to an arrest for Improper Possession of a Prescription Drug are:
- Oxycotin and Oxycodone
- Buprenorphine (Suboxone)
- Demerol
- Nembutal
- Valium
- Xanax
- Ritalin
- Adderal
- Dextromethorpan
- Percoset
- Vicodin
- Klonopin
Illegal Possession of a Prescription Drug In New Jersey is a serious charge The smallest quantity subjects the offender to up to 180 days in Jail, Fine, & Probation
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Charged with Possession of a Prescription Drug Not Prescribed to you in NJ?
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The Law: Possession of a Prescription without a valid prescription. A person is guilty of this offense if he/she knowingly:
- Possessed or Distributes a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is a disorderly person;
- Distributes for pecuniary gain or possesses or has under his control with intent to distribute for pecuniary gain a prescription legend drug or stramonium preparation in an amount of four or fewer dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the fourth degree;
- Distributes or possesses or has under his control with intent to distribute a prescription legend drug or stramonium preparation in an amount of at least five but fewer than 100 dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the third degree and a fine of up to $200,000 may be imposed; or
- Distributes or possesses or has under his control with intent to distribute a prescription legend drug or stramonium preparation in an amount of 100 or more dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the second degree and a fine of up to $300,000 may be imposed.
Notwithstanding the above, a violation of paragraph (1) or (3) of this subsection shall be deemed a de minimis infraction subject to dismissal pursuant to N.J.S. 2C:2-11 if the person demonstrates that the conduct involved no more than six dosage units distributed within a 24-hour period, that the prescription legend drug or stramonium preparation was lawfully prescribed for or administered to that person by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication, and that the person intended for the amount he distributed to be solely for the recipient's personal use.
A person who uses any prescription legend drug or stramonium preparation for a purpose other than treatment of sickness or injury as lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is a disorderly person.
A defendant may be convicted for a violation if the State proves that the defendant manifested symptoms or reactions caused by the use of prescription legend drugs or stramonium preparation. The State need not prove which specific prescription legend drug or stramonium preparation the defendant used.
A person who obtains or attempts to obtain possession of a prescription legend drug or stramonium preparation by forgery or deception is guilty of a crime of the fourth degree. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of Title C of the New Jersey Statutes.
A person who knowingly possesses, actually or constructively:
- A prescription legend drug or stramonium preparation in an amount of four or fewer dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is a disorderly person; or
- A prescription legend drug or stramonium preparation in an amount of five or more dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication is guilty of a crime of the fourth degree.
Notwithstanding the above, a violation of this subsection shall be deemed a de minimis infraction subject to dismissal pursuant to N.J.S. 2C:2-11 if the person demonstrates that he unlawfully received no more than six dosage units within a 24-hour period, that the prescription legend drug or stramonium preparation was lawfully prescribed for or administered to the person from whom he had received it, and that the person possessed the prescription legend drug or stramonium preparation for solely for his personal use.
Where the degree of the offense for violation of this section depends on the number of dosage units of the prescription legend drug or stramonium preparation, the number of dosage units involved shall be determined by the trier of fact. Where the indictment or accusation so provides, the number of dosage units involved in individual acts of distribution or possession with intent to distribute may be aggregated in determining the grade of the offense, whether distribution is to the same person or several persons, provided that each individual act of distribution or possession with intent to distribute was committed within the applicable statute of limitations.
Subsections a. and e. of this section shall not apply to: a licensed pharmacy, licensed pharmacist, researcher, wholesaler, distributor, manufacturer, warehouseman or his representative acting within the line and scope of his employment; a physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication; a nurse acting under the direction of a physician; or a common carrier or messenger when transporting such prescription legend drug or stramonium preparation in the same unbroken package in which the prescription legend drug or stramonium preparation was delivered to him for transportation.
2C:35-11. Imitation controlled dangerous substances; distribution, possession, manufacture, etc.; penalties.
It is unlawful for any person to distribute or to possess or have under his control with intent to distribute any substance which is not a controlled dangerous substance (CDS) or controlled substance analog (CDSA):
- Upon the express or implied representation to the recipient that the substance is a controlled dangerous substance or controlled substance analog; or
- Upon the express or implied representation to the recipient that the substance is of such nature, appearance or effect that the recipient will be able to distribute or use the substance as a controlled dangerous substance or controlled substance analog; or
- Under circumstances which would lead a reasonable person to believe that the substance is a controlled dangerous substance or controlled substance analog.
Any of the following shall constitute prima facie evidence of such circumstances:
- The substance was packaged in a manner normally used for the unlawful distribution of controlled dangerous substances or controlled substance analogs.
- The distribution or attempted distribution of the substance was accompanied by an exchange of or demand for money or other thing as consideration for the substance, and the value of the consideration exceeded the reasonable value of the substance.
- The physical appearance of the substance is substantially the same as that of a specific controlled dangerous substance or controlled substance analog.
- It is unlawful for any person to manufacture, compound, encapsulate, package or imprint any substance which is not a controlled dangerous substance, controlled substance analog or any combination of such substances, other than a prescription drug, with the purpose that it resemble or duplicate the physical appearance of the finished form, package, label or imprint of a controlled dangerous substance or controlled substance analog.
- In any prosecution under this section, it shall not be a defense that the defendant mistakenly believed a substance to be a controlled dangerous substance or controlled substance analog.
- A violation of this section is a crime of the third degree, except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $200,000.00 may be imposed.
- The provisions of this section shall not be applicable to (1) practitioners or agents, servants and employees of practitioners dispensing or administering noncontrolled substances to patients on behalf of practitioners in the normal course of their business or professional practice; and (2) persons who manufacture, process, package, distribute or sell noncontrolled substances to practitioners for use as placebos in the normal course of their business, professional practice or research or for use in Federal Food and Drug Administration investigational new drug trials.
Defenses exist for this Offense. Below we have listed :
3 of 10 Major Defenses for Possession of Prescription Drugs not prescribed to you in NJ
Improper Possession or use of a Prescription Drug in NJ is a serious offense and even if you obtained these drugs to treat a real illness the penalties are the same. However, the best drug lawyers will use the possession of the prescription drug to show the court that it was not done purposefully but done out of desperation. Although not a true defense, most judges will consider the facts and circumstances behind each case. For this defense to work you need to get yourself into an impatient or outpatient drug treatment program before you go to court.
A drug in NJ not prescribed to you is a serious offense even if you obtained these drugs to give to a friend or family member. Many people go to the drug store and pickup a prescription for a family member knowing that the prescription was not prescribed to them but to that family member. Maybe this friend or family member was too sick to go by themselves or simply cannot drive. The best drug lawyer will use the possession of the prescription drug to show the court that you are a good person doing a good deed and that it was not done purposefully but done out of kindness and consideration for others. Although not a true defense, most judges will consider the facts and circumstances behind each case.
Illegal Possession of a prescription drug without being the prescription holder is a serious offense in NJ and can happen accidentally. An example of accidental possession can occur when you are using someone else's car. Before taking another person car you should thoroughly search the car for any contraband (drugs, weapons, etc) if not you face being charged with whatever is in the car your driving. However, the best drug defense lawyer will investigate the facts of your case, investigate the other people who have driven the car and find out if any other driver may have had a prescription or transported someone who had a prescription for the same drug. If this can be found you could be found not guilty.
Above we have given you just 3 out of hundreds of examples of how Attorney H. Scott Aalsberg has gotten his clients drug charges either dismissed or downgraded to non criminal charges. We can do this for you, and your drug charge. But you must take the first step and call and setup your free in office consultation. The Call is Free, the results will be priceless!
*Additional penalties may apply if you are caught in the possession or distribution of a prescription drug in a public park or within 500 feet of a school or public housing project. As per N.J.S.A. 2C:35-7.1
Get the Best Defenses for your NJ Possession of Prescription Drug Charge
Call Drug Possession Lawyer H. Scott Aalsberg at 1-800-9-RIGHTS to setup a free in office consultation to learn how we can help you win your charge and stay out of jail!
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