If you are found in possession of any amount of a prescription drug in New Jersey without a valid prescription, you could be facing serious criminal consequences.

Under New Jersey statute N.J.S.A. 2C:35-10.5, the possession of any prescription drug without a valid prescription is a criminal offense. It is also a criminal offense to distribute a prescription drug unless you are a licensed physician, dentist, or pharmacist.

N.J.S.A. 2C:35-10.5: Prescription Drug Violations

If suspected of a crime under N.J.S.A. 2C:35-10.5, you may be charged with a disorderly person’s offense (a misdemeanor), or a 4th, 3rd, or 2nd-degree felony offense, depending on the amount of the drug(s) and whether or not you intended to distribute.

But in order to find you guilty of the offense, the state must prove that you were knowingly in actual or constructive possession of a prescription drug without a valid prescription or which you intended distribute without the proper authority.

Actual possession can be equated to having the drug on your person. For example, in your pocket, purse, or backpack.

Constructive possession refers to situations where, although you were not in actual possession of the drugs, you knew of their location and were able to exercise dominion and control over them. For example, if the drugs were found in the trunk of your car, a closet in a home your own, or a storage locker you rent.

The Penalties for a Prescription Drug Conviction in New Jersey

The varying penalties associated with a conviction for possession or distribution of a prescription drug under N.J.S.A. 2C:35-10.5 are as follows:

• A disorderly persons offense for simple possession of fewer than 5 units of a prescription drug is punishable by a fine of up to $1000 and up to 1 year in jail.
• A 4th-degree felony offense involving fewer than 5 units of a prescription drug with the intent to distribute is punishable by a fine of up to $10,000 and up to 18 months in a state prison.
• A 3rd-degree felony offense involving more than 5, but less than 100 units of a prescription drug with the intent to distribute is punishable by a fine of up to $200,000 and 3-5 years in a state prison.
• A 2nd-degree felony offense involving more than 100 units of a prescription drug with the intent to distribute is punishable by a fine of up to $300,000 and 5-10 years in a state prison.

Also, under N.J.S.A. § 2C:35-24,  if you are found to be carrying a prescription drug in anything other than the original container, you may be charged (in certain circumstances) with a disorderly persons offense punishable by a fine of up to $1000 and up to 6 months in jail.

What’s more, under N.J.S.A. 2C:35-13, if you obtained the drug by forging a prescription, you may be charged with a 3rd-degree felony offense punishable by a fine of up to $50,000 and 3-5 years in a state prison.

Why Consult With an Experienced Criminal Defense Attorney?

Given the severity of the penalties associated with the possession of a prescription drug without a valid prescription, hiring an experienced criminal defense attorney can mean the difference between a simple fine and many years in prison. This is true whether you were caught using, distributing, or simply in possession of the drugs, and whether you obtained them online or by forging a prescription.

If you or someone you know has been charged in New Jersey with possession of a prescription drug without a valid prescription or with distributing a prescription drug without the authority to do so, contact a reputable New Jersey criminal defense firm to consult with an experienced New Jersey criminal defense lawyer who will fight for the best outcome for your case.