Drug Offenses | prescription-drugs

Possession and Distribution of Prescription Drugs

Have you been charged by police with possession of prescription drugs or distribution of prescription drugs, including any of the following:

• Alprazolam (Xanax)
• Hydrocodone (Vicodin, Lorcet, Lortab)
• Unspecified benzodiazepines
• Oxycodone (OxyContin, Percocet, Percodan, Tylox)
• Methadone
• Clonazepam (Klonopin)
• Propoxyphene (Darvocet N, Darvon )
• Amphetamine (Dexedrine)
• Lorazepam (Ativan)
• Carisoprodol (Soma)
• Diazepam (Valium)
• Methamphetamine (Desoxyn, speed)
• Trazodone (Desyrel)
• Antidepressants such as Prozac/Fluoxetine, Zoloft/Sertraline and/or Wellbutrin/Bupropion
• Other common opioid products including: Demerol, Dilaudid, Lorcet Lortab, Morphine, Roxicet, Roxiprin, Tussionex, Tylenol with Codeine and Vicodin

If you have been arrested for prescription drug possession or prescription drug distribution, you need to call the experienced criminal defense attorneys at Villani & DeLuca, P.C. at 732-892-9050. We are prescription drug attorneys ready to defend you.

Possession of prescription drugs or distribution of prescription drugs in New Jersey is a serious crime, with potentially severe ramifications for your future. For example, if you are either employed or intend on becoming employed as a teacher or employee of a public school system in regular contact with pupils, a conviction for possession of prescription drugs or distribution of prescription drugs will result in your inability to obtain or retain employment as this charge is a “disqualifying” offense barring an individual from employment within a public school system. (New Jersey Statute 18A:6-7.1).

In New Jersey, if you are found to be in possession of prescription drugs and you do not have a valid prescription for those drugs, you could be facing serious criminal charges. Potential prison sentences in New Jersey for prescription drug possession or distribution vary with the type and quantity of the drug or drugs possessed. Possession of over 100 dosages of a given prescription drug can result in a second degree criminal charge relating to distribution of the drug. Possession of between 5 and 100 dosages can result in a third degree criminal charge. In either case, a prison sentence could be the result of a conviction. Possession of four or fewer dosages is regarded as a disorderly person offense, a conviction for which can also result in incarceration. Possession of four or fewer dosages with intent to distribute for pecuniary gain may be a fourth degree crime. The experienced criminal defense lawyers at Villani & DeLuca, P.C. will discuss the possible sentence you could be facing based on the unique set of facts and circumstances of our matter.

As with any criminal charge, successful defenses can be made to a possession of prescription drug charge or a distribution of prescription drug charge. For example, if you have a valid prescription for the drugs and can provide the prescription, the charge will likely be dismissed. You may also have a defense if you were holding the drugs for a friend or relative.

If you’ve been charged with possession of prescription drugs in New Jersey, don’t gamble with your future. Call the New Jersey criminal defense attorneys at Villani & DeLuca, P.C. today. Partner, Carmine R. Villani, Esquire, leads our team of experienced criminal defense attorneys. For more than 18 years, Mr. Villani has regularly appeared in New Jersey Superior Court in Monmouth County and Ocean County, defending clients charged with serious criminal charges.

Contact one of our criminal defense attorneys or call our criminal defense law firm for a free consultation at 732-892-9050. Call us today to discuss the facts and circumstances of your case.

N.J.S.A. 2C: 35-10.5 Prescription legend drugs.

a. A person who knowingly:

(1)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;

(2)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;

(3)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.  Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $200,000 may be imposed; or

(4)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.  Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, 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.

b.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.

c.A defendant may be convicted for a violation of subsection b.  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.

d.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.

e.A person who knowingly possesses, actually or constructively:

(1)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

(2)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.

f.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.

g.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.

L.1999, c.90, s.8; amended 2005, c.205, s.2.

WE ARE AVAILABLE TO TAKE YOUR CALL 24 HOURS A DAY, 7 DAYS A WEEK!

2C:35-10. Possession, use or being under the influence, or failure to make lawful disposition 2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition. a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to: (1) A controlled dangerous substance, or its analog, classified in Schedule I, II, III or IV other than those specifically covered in this section, is guilty of 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 $35,000.00 may be impos