Distribution or Possession of a Prescription Legend Drug
Adderall is an amphetamine and a prescription medication that is typically prescribed to treat Attention Deficit Disorder (ADD) and narcolepsy. Adderall is the functional equivalent of amphetamine salts, Vyvanse, and Ritalin. In the past few years, Adderall has been made popular by college students who use the drug to pull all-nighters to study for exams and with individuals in the party scene.
The drug Adderall is known for causing an increase in energy, alertness and awareness. Most common forms of ingestion are swallowing or snorting the contents of the pill. Due to the rise in popularity of the drug in the past few years, New Jersey law enforcement agents are working harder to seek out sources of illegal use.
New Jersey Laws Governing Illegal Adderall Use
Adderall is treated as a controlled dangerous substance (CDS) in New Jersey and, while many individuals have legal prescriptions for the drug, possession without a prescription or distribution without a license is considered a criminal offense. Charges associated with Adderall can range from a disorderly persons offense to differing degrees of indictable offenses, commonly called felonies in other states.
A person who knowingly distributes or possesses prescription drugs like Adderall without a valid prescription may be charged with a criminal offense of one of the following degrees, depending on the circumstances:
- Disorderly persons offense: if one distributes a prescription legend drug in an amount of 4 or less dosage units, unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication, he or she is a disorderly person. Being under the influence of Adderall without a valid prescription can be considered a disorderly persons offense as well.
- 4th degree indictable offense: if one distributes a prescription legend drug or possesses it, or has it under his or her control with intent to distribute for monetary gain in an amount of 4 or less dosage units, unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law to prescribe medication, he or she is guilty of a crime of the fourth degree.
- 3rd degree indictable offense: if one distributes or possesses or has under his or her control with intent to distribute a prescription legend drug in an amount of at least 5 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, he or she is guilty of a crime of the third degree.
- 2nd degree indictable offense: if one distributes or possesses or has under his or her control with intent to distribute a prescription legend drug 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, he or she is guilty of a crime of the second degree.
The penalties related to Adderall drug charges are severe and can have serious effects on your future. A conviction will be part of your criminal record, potentially barring you from future employment opportunities. It is important that you have competent representation by a firm who understands New Jersey prescription drug laws when fighting these serious charges.
Call Villani & DeLuca if Caught with Adderall
If you have been charged with possession of a prescription drug like Adderall in Ocean County or Monmouth County, New Jersey, you need to retain an attorney to represent you. The experienced criminal defense attorneys of Villani & DeLuca will take the time to discuss your charges, possible penalties and any defenses that may be available to you. Call 732-965-3350 today for a free initial consultation with one of the firm’s experienced drug crime lawyers.
