Prescription Drug Possession

Were You Arrested in New Jersey for Possession of Prescription Drugs

The prescription drug offense that arises most often in New Jersey is possession. This charge applies where someone possesses Xanax, Oxycodone, Hydrocodone, Valium, Percocet, Suboxone or another prescription legend drug for personal use as opposed to distribution. If you have been charged with a criminal offense for possessing this form of controlled dangerous substance (“CDS”), you need to mount a thorough defense to the charges in order to avoid a record and significant penalties. Hiring a skilled drug crime lawyer is probably the best thing you can do maximize the chances of a favorable outcome.

Here at the Law Offices of Jonathan F. Marshall, our defense team includes eight accomplished criminal attorneys that have been practicing in courts throughout the state for over a century. In most instances, our lawyers are also ex-prosecutors, including a former Drug Task Force director and Drug Court supervisor. When it comes to defending prescription drug and other CDS cases in Middlesex County, Mercer County, Monmouth County, Union County, Ocean County and just about every other county, our experience is certainly extensive.  To discuss the facts and circumstances of your legend drug charges with an attorney, call us at 877-450-8301 for a free consultation.

Possession of Prescription Drugs Without A Valid Prescription

It is illegal under N.J.S.A. 2C:35-10.5 to knowingly possess, actually or constructively, a prescription legend drug that was not prescribed by a licensed physician. The gist of this law is that you cannot be in possession of this type of CDS unless it is in accordance with a valid prescription. It doesn’t matter if you get prescription drugs from a family member or a friend — if you buy, steal, or receive and use drugs prescribed to someone else, you could be in trouble; only a doctor can make the decision to prescribe drugs.

Possessing five or more dosage units of Suboxone, Valium Hydrocodone, Oxycodone, Xanax, Adderall or another prescription legend drug is a fourth degree crime pursuant to 2C:35-10.5e(1). A conviction for fourth degree prescription drug possession results in a fine of up to $10,000, up to 18 months in prison and an assortment of other potential penalties that may be imposed at the Superior Court.

It is a disorderly persons offense to possess four or fewer dosage units of a prescription drug. An individual is subject to a fine of up to $1,000 and six months in the county jail upon conviction for possessing medication unlawfully in this quantity.

Defenses to a Prescription Drug Possession Offense

In addition to the availability of programs like Pretrial Intervention, Conditional Discharge and Drug Court to allow an individual to escape the penalties for prescription drug possession, there are many defenses that may be raised on your behalf.  Police certainly do not have the ability to indiscriminately conduct a search of a car, apartment, house or other item or location where there is a reasonable expectation of privacy. Law enforcement must possess probable cause before they can search an individual or his property. It is also true that you cannot be placed into custody without a valid basis for arrest. You are also entitled to Miranda Warnings if you are going to be interrogated. All of these issues are fully developed by our attorneys when we are retained.

New Jersey Prescription Drug Possession Lawyers

Possession of prescription drugs is definitely something that has increased over the last decade. Whether its the legend drug is an opiate, central nervous system (“CNS”) depressant or stimulant, there is no ignoring the fact that pills are being ingested far more than legally permitted. If you find yourself in the dilemma of having been charged with prescription drug possession, selecting an attorney with the know how to build a potent defense is imperative to protecting your future. The lawyers on our staff possess the knowledge and skill required in order to succeed in this arena. Whether its a charge for possessing prescriptions in Essex County, Passaic County, Hudson County, Bergen County, Somerset County or another location in New Jersey, an attorney on our team is equipped to achieve a favorable result in your case. Call us at 877-450-8301 to speak to one of the attorneys immediately.

Related Information

Prescription Drug Glossary
List of Controlled and Dangerous Substances