Prescription Drug Possession Attorneys in Clark
The huge proliferation of prescription drugs in our country has led to an explosion in the abuse of this form of controlled dangerous substance (“CDS”). This issues is most pronounced in Clark and other municipalities when it comes to opiate painkillers, such as OxyContin, Oxycodone, Hydrocodone and Percocet. These medications tend to be highly addictive and can progress seamlessly into other forms of CDS. Law enforcement is well aware of the problem and the Clark Police Department has, in fact, dedicated a Prescription Medicine Drop Box on Westfield Avenue so people can dispose of unused or excess medications to help prevent the abuse of these drugs.
If you have been charged with prescription drug possession, a good criminal defense attorney can help. The Law Office of Jonathan F. Marshall understands the situation you are in, having handled hundreds of prescription drug cases over the last several decades. A lawyer on our staff, including one of our several former prosecutors, is ready to aggressively defend your rights in court. Our Union Township office, serving clients in Clark and throughout all of Union County, can be reached at 908-272-1700. Attorneys are standing by to help, and the first consultation is no charge to you.
Prescription Drug Offense in Clark New Jersey
Prescription drugs like Vicodin, Xanax, Suboxone and Morphine are controlled dangerous substances that cannot be possessed without a valid prescription under N.J.S.A. 2C:35-10.5. Here is some helpful information about the law on prescription drug possession:
- Definition of Prescription Legend Drug. A prescription drug is any drug that, under federal or state law, must be dispensed by prescription from a licensed physician, veterinarian, or dentist. The drug must have the words “Rx only” or similar wording to indicate that it may be dispensed only through the prescription of a licensed medical practitioner and is not a controlled dangerous substance.
- Elements of Proof. The person must have actual, or constructive, possession of a prescription drug. (Constructive possession means having ownership or control over something even if it is not on your person). The person must knowingly possess the prescription drugs. The prescription drugs were not prescribed to the person in possession of the drugs.
- Penalties for Prescription Drug Possession. If you possess five or more dosage units of a drug not prescribed to you, it is a fourth-degree offense. The penalty for this offense can be imprisonment up to 18 months, and a fine of up to $10,000. If you possess four or fewer dosage units of prescription drugs not prescribed to you, it is a disorderly persons offense that carries up to 6 months in jail and a fine up to $1,000.
- What if a friend just gave me a few pills? Your case could be dismissed if a friend simply gave you his prescription medication for your personal use. However, you would need to show that your friend gave you no more than six pills in a day, the drug was lawfully prescribed to your friend, and you had them solely for your personal use.
- Is it a crime to keep prescription drugs in the wrong bottle? Yes, prescription drugs can only lawfully be kept in the original container. It is a disorderly persons offense, under N.J.S.A. 2C:35-24, if you keep your prescription drugs in the wrong bottle. However, if you are carrying less than a 10-day supply, and you can tell the police the name and address of the doctor or pharmacist who prescribed the medication to you, then you can avoid a criminal charge.
- Is forging a prescription a serious crime? Yes. An conduct involving fraud to wrongfully obtain CDS is a third degree crime under N.J.S.A. 2C:35-13 A separate offense for forgery in violation of N.J.S.A. 2C:21-1 can also be filed. This is also a third degree crime when it concerns a New Jersey Prescription Blank.
Clark Prescription Drug Defense Lawyer
Prescription drug abuse is clearly on the rise in Clark Township and throughout the country. As a consequence, police are aggressive in identifying those who possess prescription medication illegally, including Morphine, Oxycodone and Hydrocodone. If you find yourself in legal trouble because you possessed prescription medication that was not yours, you need an experienced criminal defense lawyer. The lawyers at the Law Offices of Jonathan F. Marshall are accomplished criminal advocates that have over 100 years of combined experience. Call us at 908-272-1500 to speak to an attorney immediately. Our attorneys are available around the clock to conduct free initial consultations.
