• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-504-3391
  • About The Firm
    • Why Choose Villani & DeLuca
    • Press Room
  • Our Attorneys
    • Carmine R. Villani, Esq.
    • Vincent C. DeLuca, Esq.
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Associate Attorney
    • Robert H. Johnson, Esq. Associate Attorney
  • Areas of Practice
    • Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Bankruptcy
    • Liquor License
  • Legal Resources
    • Divorce
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • Bankruptcy
    • ABC
  • Client Testimonials
  • Contact

How to Carry Prescription Drugs Legally

June 17, 2014 by Carmine Villani

prescription bottlesIn New Jersey, the possession of illegal drugs can result in jail time or having to pay large fines, which usually depends on the type of drug found and the amount of drug found in the person’s possession. What about drugs that are prescribed to you by a doctor or a dentist? How can you carry prescription drugs legally?
The standard thinking is that because these drugs are prescribed to you, that it is OK to carry them on your person. However, with the heightened abuse of prescription drugs, it is important that prescription medication be carried carefully.
If you are found to have in your possession 4 or fewer dosages of a prescription medication without proof that it is lawfully prescribed to you, you will be charged by police with a disorderly persons offense.  If you have an amount of five or more dosage units of a prescription drug without such proof, you will be charged with a fourth degree indictable crime in and will need prescription drug lawyer in NJ.

Penalties of Distributing Prescription Drugs

Under N.J. statute, a person who possess or has under his control with the intent to distribute a prescription drug could be found guilty of an indictable crime (called a felony in other jurisdictions) and face fines as high as $300,000. There are three degrees of penalties which a person charged with prescription drug possession can be charged with. The first is a second degree crime, in which a person distributes or possesses a prescription drug in an amount of 100 or more dosage units. Under this degree, the maximum fine is $300,000. The second is a third degree crime, in which a person distributes or possesses a prescription drug in the amount of at least five but not more than 100 dosage units. The maximum fine given for this offense is $200,000. The last type is a fourth degree crime, which is charged when a person distributes or possesses a prescription drug in the amount of four or fewer dosage units.

Keep it in the Bottle at All Times

It is against the law in New Jersey to keep prescription drugs out of their original bottle except for when they are in use, meaning the time that the person is actually taking the drug. Under N.J.S.A. 2C:35-24, a person cannot possess a drug that was prescribed to them unless it is in the original container they received it in. The only time a person may not have the prescription in the original container is if they are carrying not more than a 10 day supply and are able to provide the information of both the physician and pharmacist who provided the individual with the drug.

Getting Your Prescription Drug Charge Dropped

If charged and arrested for possession of prescription drugs, there is an affirmative defense which can be used to drop charges. Consult immediately with a prescription drug lawyer in NJ to learn how you can prove that the drug was prescribed by a licensed physician or other practitioner who is authorized to prescribe medication. However, this result doesn’t necessarily end your troubles.
Even if the charges are dropped, the arrest still remains on your criminal record. The only way to remove the infraction from your record is to have it expunged, which requires the assistance of an expungement lawyer. To help protect yourself from the possibility of being charged with possessing your own prescription drugs, it is safer to just keep it in its original container, to avoid having to deal with the hassle of litigation.

Finding a Prescription Drug Lawyer in NJ

If you have been charged with possession of prescription drugs or another drug-related offense, contact our offices today at (732) 965-3350 for a free consultation with our prescription drug lawyers.  We will review your case with you and discuss the possibilities of affirmative defenses and expungement in regards to your situation.

Categories: Drug Charges

Primary Sidebar

Free Consultation

Recent Posts

  • Understanding the New Jersey Good Samaritan Law
  • Verbal Threshold or Limitation on Lawsuit Option in NJ Auto Accidents
  • New Jersey: Top 9 Questions You Should Ask Your Lawyer Before Hiring Them
  • How to File for Divorce in New Jersey
  • How to Find a Trustworthy Lawyer in Monmouth & Ocean County NJ

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Bankruptcy Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Uncategorized
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-965-3350

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-481-1325

info@villanideluca.com

Get Directions

Brick Office

Office

186 Mantoloking Rd #1

Brick, NJ 08723

Phone: 732-965-3345

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-504-3391

Villani & DeLuca P.C. BBB Business Review

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2019 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap
X
Free Consultation: Schedule Now Call Now: 732-504-3391