Turn to a New Jersey Prescription Drug Lawyer After Your Arrest
Prescription drug abuse is a major problem in New Jersey and throughout the United States. According to the National Institutes of Health (NIH), about five people between the ages of 18 and 24 die every day due to prescription drug overdoses, and for every death, there are well over 100 emergency room visits and treatment admissions. Prescription drug abuse is a problem among older segments of the population as well, and even doctors and nurses can find themselves becoming dependent upon the drugs to which they have access through their employment.
While prescription drug dependence is a major health problem, it also has criminal implications. In New Jersey, individuals who illegally sell, buy, obtain and use prescription drugs can face substantial penalties. If you have been charged with a prescription drug crime, you need experienced legal representation, and we encourage you to contact us for a free consultation with prescription drug defense lawyer Scott Gorman right away.
Prescription Drug Crimes Under New Jersey Law
Broadly speaking, it is illegal to possess, distribute or use a prescription medication for any non-prescription-related purpose. This applies to all types of prescription drugs, including commonly abused medications such as:
- Acetaminophen (Percocet)
- Alprazolam (Xanax)
- Amphetamine (Adderall)
- Codeine
- Diazepam (Valium)
- Methadone
- Methylphenidate (Ritalin)
- Morphine
- Hydrocodone (Vicodin)
- Oxycodone (Oxycontin)
- Phenobarbital
- Zolpidem (Ambien)
Prescription Drug Distribution
Under Section 2C:35-10.5.an of the New Jersey Statutes, it is illegal to distribute prescription drugs for non-prescription-related purposes. Specific charges vary based on the circumstances involved. For example:
- Distributing four or fewer dosage units without a valid prescription is a disorderly person’s offense. Penalties can include up to six months in jail and a $1,000 fine.
- Distributing four or fewer dosage units for pecuniary gain without a valid prescription is a fourth-degree indictable offense. Penalties can include up to 18 months in jail and a $10,000 fine.
- Distributing at least five but fewer than 100 dosage units without a valid prescription is a third-degree indictable offense. Penalties can include three to five years of prison time and up to a $200,000 fine.
- Distributing 100 or more dosage units without a valid prescription is a second-degree indictable offense. Penalties can include five to ten years of prison time and up to a $300,000 fine.
Prescription Drug Possession (With or Without Intent to Distribute)
Section 2C:35-10.5.a of the New Jersey Statutes also makes it illegal to possess prescription drugs without a valid prescription in many circumstances. Prescription drug possession crimes in New Jersey include:
- Possessing four or fewer dosage units is a fourth-degree indictable offense.
- Possessing at least five but fewer than 100 dosage units is a third-degree indictable offense.
- Possessing more than 100 dosage units is a second-degree indictable offense.
The same charges (and the same penalties) apply regardless of whether a defendant is accused of unlawfully possessing prescription drugs for personal use or with the intent to distribute.
Prescription Drug Use
In New Jersey, it is illegal to use a prescription drug “for a purpose other than treatment of sickness or injury as lawfully prescribed or administered by a licensed physician . . . or other practitioners.” Unlawful prescription drug use is a disorderly person’s offense under New Jersey law.
Obtaining (or Attempting to Obtain) Prescription Drugs By Forgery or Deception
Under Section 23C:35-10.5.d of the New Jersey Statutes, it is illegal to obtain or attempt to obtain a prescription drug by “forgery or deception.” This includes modifying a valid prescription, forging a prescription, misrepresenting a person’s identity, and various other deceptive practices. Regardless of whether an attempt to obtain a prescription medication by forgery or deception is successful, violating Section 23C:35-10.5.d is a fourth-degree indictable offense.
Individuals who are charged under this Section can face charges for theft, robbery, using a fake ID, obtaining a controlled dangerous substance by fraud, and other applicable crimes as well. Depending on the circumstances involved, these can range from disorderly person offenses to second-degree indictable crimes.
Turn to Scott Gorman as Your New Jersey Prescription Drug Attorney
Defense lawyer Scott Gorman has more than 15 years of experience defending individuals charged with prescription drug offenses and other drug crimes. Scott understands not only what is at stake in these cases, but also the issues that frequently lead to individuals facing charges for these types of crimes. Regardless of your individual circumstances, Scott can help, and we encourage you to contact us promptly to learn more.
To speak with a prescription drug defense attorney at the Gorman Law Firm about your case in confidence, please call 862-250-6201 or contact us online. We will schedule your free initial consultation as soon as possible. Our offices are located in Essex County and Morristown.