Prescription Drug Charge

Atlantic City NJ Prescription Drug Lawyer

Advancements in medicine have led to great strides in the benefits of prescription drugs. These drugs are being prescribed more and more often, sometimes without proper warning of their addictive qualities. It is these addictive and mood-altering qualities have led to the increase in prescription drugs possession charges. Whether a dependency for prescription drugs arose from prior legitimate use or illegal use will not affect the prosecution of the offense. Law enforcement officials are using all means to crack down on prescription drug use in an an effort to curb its prevalent use. The Law Offices of Jonathan F. Marshall has attorneys experienced in keeping offenders out of jail and away from the criminal justice system in Atlantic CityBrigantine, Hammonton, Egg Harbor Township, Pleasantville, Galloway, Hamilton and Buena Vista. Contact our office at (877)450-8301 and we will answer your questions about prescription drug charges

What Qualifies as a Prescription Drug in New Jersey?

A “Prescription Legend Drug” refers to any drug which under Federal or State law requires dispensing by prescription or order of a licensed physician, veterinarian or dentist and is required to bear the statement “Rx only” or a similar warning that such drug may be sold or dispensed only upon the prescription of a licensed medical practitioner. Prescription drugs are not a controlled dangerous substance. This clear distinction is why prescription drug possession has its own statutory prohibition.

What is Prescription Drug Possession?

Atlantic County, New Jersey prosecutes prescription drug possession pursuant to N.J.S.A. 2C:35-10.5(e). According to the statute, it is a criminal offense to possess “prescription legend drugs” without a valid prescription. or is a physician, veterinarian, pharmacist or dentist. Possession under 2C:35-10.5(e) can either be actual or constructive. Actual control is the straightforward possession of an object. Constructive possession only requires an awareness of the nature of the prescription drugs and the intention to exercise control over said prescription drugs. This means that you may be found to possess prescription drugs even if the pills were not on your person but were nevertheless in your apartment, house, office or car.

What Penalties am I Looking At for a Prescription Drugs Offense?

Prescription drug offenses may be an indictable or non-indictable offense depending on the prescription dosage involved. Possession of five (5) or more doses is a fourth-degree indictable offense that carries a maximum sentence of eighteen (18) months in jail and a fine up to $10,000. As an indictable offense, it will be prosecuted by the Atlantic County Prosecutor’s Office and handled by the Atlantic County Superior Court. Possession of four (4) dosage units or fewer is subject to a disorderly persons offense. This will be handled by the municipal prosecutor and municipal judge where the incident occurred. If convicted, you may face six (6) months in prison and a $1,000 fine.

We Can Help

Depending on your prior criminal record, you may be eligible for diversionary programs, such as Pre-Trial Intervention. This program will allow you to avoid a criminal record and the penalties consistent with the prescription drug possession offense. This program is a preferred alternative to prison. Contact our office at (877)450-8301 to receive a free consultation from experienced prescription drug possession attorneys. Our firm represents clients in Somers Point, Absecon, Northfield, and Margate City. Regardless of the situation, our Atlantic County legal team will have the answers you seek.