Call 24/7 to Book a Free Consultation (732) 709-7757

NJ Law Blogs

Caught in Possession of Prescription Drugs Not Prescribed to You?

Posted by Carmine R. Villani | Dec 09, 2015 | 0 Comments

Possession of Prescription Drugs Not Prescribed to You

Being in possession of prescription drugs without proof that they were prescribed to you is illegal in New Jersey and can result in jail time and large fines. Even though prescription drugs are not your typical street drug, they are still considered a controlled substance and possessing them without a valid prescription is illegal.

Possession of a Controlled Substance N.J.S.A. 2C:35-10.5

A typical scenario involves an individual who is pulled over in the Monmouth County or Ocean County area and found with some kind of prescription pills without the original RX bottle from the doctor or dentist. If the individual is not able to produce proof of a valid prescription at the scene, the officer will feel he has probable cause to make an arrest for possession of a controlled substance without a prescription (N.J.S.A. 2C:35-10.5) and possession of a controlled dangerous substance (N.J.S.A. 2C:35-10).

Carrying Prescriptions Drugs

It's important to carry medication carefully. Have you ever transferred a prescription medication into another bottle or pill box container because perhaps you didn't want to take your entire medication along? Under N.J.S.A. 2C:35-24, it is actually against the law in New Jersey to possess a prescription drug that was prescribed unless it is in the original container you received it in. If you are found with even four or fewer dosages of a prescription medicine without proof that it was lawfully prescribed to you, you will be charged with a disorderly persons offense. If the amount exceeds five or more dosages, you will be charged with a fourth degree indictable crime.
The only exception is that a person may possess up to a 10-day supply in something other than the original container if, upon the request by law enforcement, the person produces the name and address of the practitioner who prescribed the substance or the pharmacist who dispensed it.

Prescription Drug Fraud (N.J.S.A. 2C:35-13)

If someone attempts to obtain legal prescriptions without a legal prescription, that person could be charged with a prescription drug crime. In addition, the unlawful distribution or attempted distribution of a prescription drug is also a crime. But in order to be convicted, it must be shown that you obtained the substance illegally, used a form of misrepresentation to obtain the drug and that the drug in which you obtained illegally is listed as a CDS in the state of New Jersey.
Common prescription fraud drugs include: Demerol, Dilaudid, Hydrocodone, Vicodin, OxyContin, Methadone, Percocets, Xanax, Valium and other powerful painkillers.

Consulting a Prescription Drug Lawyer

If you or a loved has been found with a prescription drug that was not in its original container and arrested for a violation of the CDS laws in New Jersey, contact one of our experienced lawyers at 732-709-7757. A Villani & DeLuca P.C. prescription drug lawyer will review the details of your situation and discuss the next steps in regards to your case.

About the Author

Carmine R. Villani

Founding partner, Carmine Villani, Esq. is a former municipal prosecutor with over three decades of experience in Criminal and DWI Defense.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Villani & DeLuca, P.C. is committed to answering your questions about Divorce & Family Law, Criminal Defense, Personal Injury, and DWI & Traffic Law issues in New Jersey. We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.